[HISTORY: Adopted by the Borough Council of the Borough of
Larksville 6-18-1996 by Ord. No.
1-1996[1] (Ch. 80 of the 1987 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 326.
[1]
Editor's Note: This ordinance superseded former Ch. 80,
Curfew, adopted 5-14-1986 by Ord. No. 3-1986, as amended.
The purpose of this chapter is to promote the safety and good
order of the community by helping to eradicate rowdiness, excessive
noise, vandalism, harassment, graffiti, drug dealing and other behavior
caused by juveniles that adds to disorder in the community; and to
encourage school attendance and parental responsibility.
A.
Evening curfew.
(1)
It shall be unlawful for any child under the age of 18 years to remain
in or upon any public street, alley, highway, park or other public
place, in the Borough, between the hours of 10:00 p.m. and 6:00 a.m.
and unlawful under the same conditions for children under the age
of eight, between the hours of 8:00 p.m. Eastern standard time and
6:00 a.m., and between the hours of 9:00 p.m. and 6:00 a.m. when daylight
savings time is in effect, unless:
[Amended 5-14-2002 by Ord. No. 2-2002]
(a)
Such child shall be accompanied by a parent, guardian or other
person, in parental relation, having a legal custody, control or charge
of such child.
(b)
Such child shall be lawfully employed, in the course of which
employment it is necessary to use such public street, alley, highway
or other public place for such employment.
(c)
Such child is on lawful and necessary business for their parent,
guardian or other person in parental relation, having a legal custody,
control or charge of such child.
(d)
Such child is returning from a school, religious, recreational
or job activity.
(e)
Such child is exercising First Amendment rights protected by
the Constitution.
(f)
Such child is on an emergency errand authorized by their parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
(2)
It shall be unlawful for any parent, guardian or person in parental
relation having control of any child under the age of 18 years to
permit such child to be or remain in or upon any public street, alley,
highway, park or other public place, in the Borough, between the hours
of 11:00 p.m. and 6:00 a.m. and unlawful under the same conditions
for children under the age of eight, between the hours of 8:00 p.m.
Eastern standard time and 6:00 a.m., and between the hours of 9:00
p.m. and 6:00 a.m. when daylight savings time is in effect, unless:
(a)
Such child shall be lawfully employed, in the course of which
employment it is necessary to use such public street, alley, highway
or other public place for such employment.
(b)
Such child is on lawful and necessary business for their parent,
guardian or other person in parental relation, having a legal custody,
control or charge of such child.
(c)
Such child is returning from a school, religious, recreational
or job activity.
(d)
Such child is exercising First Amendment rights protected by
the Constitution.
(e)
Such child is on an emergency errand authorized by their parent,
guardian or other person in parental relation having the legal custody,
control or charge of such child.
B.
Daytime curfew.
(1)
It shall be unlawful for any child of compulsory school age enrolled
in any elementary or secondary school to be or remain in or upon any
public street, alley, highway, park or other public place, in the
Borough, between the hours of 9:00 a.m. and 2:30 p.m. on any day for
which school is in session, unless such child is on a scheduled vacation
or holiday observed by the school, or the child has permission to
be absent from school or to be in a public place from an authorized
school official. In the case of a child educated through a home school
program pursuant to the Pennsylvania School Code § 1327.1
(Home Education),[1] a parent shall be deemed an authorized official.
[1]
Editor's Note: See 24 P.S. § 13-1327.1.
(2)
It shall be unlawful for any parent, guardian or person in parental
relation, having control or charge of any child of compulsory school
age, to permit such child to be or remain in or upon any public street,
alley, highway, park or public place in the Borough between the hours
of 9:00 a.m. and 2:30 p.m. on any day for which school is in session,
unless such child is on a scheduled vacation or holiday observed by
the school, or that the child has permission to be absent from school
or to be in a public place from an authorized school official. In
the case of a child educated through a home school program pursuant
to the Pennsylvania School Code § 1327.1 (Home Education),
a parent shall be deemed an authorized official.
(3)
It shall be unlawful for any person to act as an accomplice in violating
any provisions of this chapter if, with the intent of promoting or
facilitating the commission of the offense, they:
A.
Evening curfew violation.
(1)
Offense of child.
(a)
Any child in violation of this chapter shall be taken in custody
by the Police Department and delivered to his parents, guardian or
other person in parental relation, having the legal custody, control
or charge of such child, and shall be cited for summary violation;
the fine of $25 plus court costs shall be imposed for the first offense.
In default of payment said fine and costs, it shall be referred by
the Magisterial District Judge to the Juvenile Court pursuant to the
Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine,
a minimum of 2 1/2 hours of community service may be assigned.
(b)
Any child who shall fail to comply with the provisions of this
chapter relating to the evening curfew for a second offense shall
be sentenced upon summary conviction to pay a fine of $100. In default
of payment of said fines and costs, it shall be referred by the Magisterial
District Judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, a minimum
of 10 hours of community service may be assigned.
(c)
Any child who shall fail to comply with the provisions of this
chapter relating to the evening curfew for a third offense shall be
sentenced upon summary conviction to pay a fine of $300. In default
of payment of said fine and costs, it shall be referred by the Magisterial
District Judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, a minimum
of 30 hours of community service may be assigned.
(2)
Age determination. In taking children into custody, the Police Department
shall use its discretionary judgment in determining age, and in doubtful
cases may require proof thereof, and until such proof is established,
the determination based on such officer's judgment shall prevail.
(3)
Multiple offenses. Any child, whether a resident or a nonresident
of the Borough, who shall violate this chapter four or more times
shall be reported to the proper juvenile correctional authorities
of the County of Luzerne for the appropriate action pursuant to the
Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
(4)
Offense of the parent. Every parent, guardian or person in parental
relation, having control or charge of any child, who shall fail to
comply with the provisions of this chapter relating to evening curfew,
shall upon summary conviction thereof, be sentenced to pay a fine
of not less than $50 and not more than $500, for each offense, together
with costs, and in default of payment of such fine and cost, shall
be sentenced to imprisonment not to exceed 90 days. In lieu of a fine,
a minimum of five hours of community service may be assigned.
B.
Daytime curfew violation.
(1)
Offense of child.
(a)
Any child in violation of this daytime curfew shall be taken
into custody by the Police Department and delivered to his parents,
guardian or other person in parental relation, having the legal custody,
control or charge of such child, notified and the child transported
to the school he is enrolled in and shall be cited for a summary violation;
the fine of $25 plus court costs shall be imposed for the first offense.
In default of payment of said fine and costs, it shall be referred
by the Magisterial District Judge to the Juvenile Court pursuant to
the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of
a fine, a minimum of 2 1/2 hours of community service may be
assigned.
(b)
Any child who shall fail to comply with the provisions of this
chapter relating to the daytime curfew for a second offense shall
be sentenced upon summary conviction to pay a fine of $100. In default
of payment of said fine and costs, it shall be referred by the Magisterial
District Judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, a minimum
of 10 hours of community service may be assigned.
(c)
Any child who shall fail to comply with the provisions of this
chapter relating to the daytime curfew for a third offense shall be
sentenced upon summary conviction to pay a fine of $300. In default
of payment of said fine and costs, it shall be referred by the Magisterial
District Judge to the Juvenile Court pursuant to the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, a minimum
of 30 hours of community service may be assigned.
(2)
Offense of the parent. Every parent, guardian or person in parental
relation, having control or charge of any child of compulsory school
age, who shall fail to comply with the provisions of this chapter
relating to daytime curfew shall, upon summary conviction thereof,
be sentenced to pay a fine of not less than $100 and not more than
$500, for each offense, plus court costs, and in default of payment
of such fine and costs, shall be imprisoned not to exceed 90 days.
In lieu of a fine, a minimum of 10 hours of community service may
be assigned.
(3)
Accomplices. Any persons found to be an accomplice shall, upon summary
conviction thereof, be sentenced to pay a fine, not less than $100
and not more than $500 for each offense, plus costs and prosecution,
and in default of payment of such fine and costs, shall be imprisoned
not to exceed 90 days. In cases of default of payment where the accomplice
is determined to be a juvenile legally disenrolled from school, the
accomplice shall be referred, by the Magisterial District Judge to
the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301
et seq. In lieu of a fine, a minimum of 10 hours of community service
may be assigned.
