This chapter shall be known and cited as the "Abbottstown Borough
Curfew Ordinance."
For the purposes of this chapter, the following terms, phrases,
words, and their derivations shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
BOROUGH
Abbottstown Borough, Adams County, Pennsylvania, with administrative
offices at 4 West Water Street, Abbottstown, PA 17301.
BOROUGH POLICE
Any police officer hired by the Borough of Abbottstown or
hired by another entity contracted by Abbottstown Borough to provide
police protection within the Borough.
MINOR
Any person under the age of 18 years.
PARENT
Any person having legal custody of a minor (i) as a natural
or adoptive parent, (ii) as a legal guardian, (iii) as a person who
stands in loco parentis, or (iv) as a person to whom legal custody
has been given by order of court.
PUBLIC PROPERTY
Any street, public or private park, public or private playground,
public or private parking lot (including access routes thereto), public
building, or vacant lot in the Borough of Abbottstown.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets for ordinary or serious purposes such as mere
passage or going home.
STREET
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or
in the case of a sidewalk thereof for pedestrian travel. The term
street includes the legal right-of-way, including but not limited
to the cartway or traffic lands, the curb, the sidewalks whether paved
or unpaved, and any grass plots or other grounds found within the
legal right-of-way of a street. The term street is applied irrespective
of what it may be called or formally named, whether alley, avenue,
court, road or otherwise.
TIME
As referred to herein, is based on the prevailing standard
of time, whether Eastern Standard Time or Eastern Daylight Savings
time, generally observed by the public in the Borough, prima facie
the time then observed in the Borough administrative offices and police
station.
YEAR OF AGE
Continues from one birthday, such as the seventeenth to (but
not including the day of) the next, such as the eighteenth birthday,
making it clear that 17 or less years of age is herein treated as
equivalent to the phrase "under 18 years of age."
It shall be unlawful for any person 17 or less years of age
(under 18) to be or remain in or upon the streets or public property
of the Borough or in any vehicle which is on or in close proximity
to any such public property or street at night during the period:
A. Sunday through Thursday, beginning 11:00 p.m. and ending 6:00 a.m.
the following morning.
B. Friday and Saturday, beginning 12:00 midnight and ending 6:00 a.m.
the following morning.
In the following exceptional circumstances, a minor on a Borough street or on public property in the Borough during the hours of curfew as established in §
100-4 above shall not be considered in violation of this chapter:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying such minor for a
designated period of time and purpose within a specified area.
C. When possessing a written statement dated that day and signed by
the minor's parent, which statement specifies the time, place,
purpose and necessity of the minor being on a street or on public
property in violation of this chapter.
D. When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly. Such minor shall evidence the bona fides
of such exercise by first delivering to the Borough Council a written
communication, signed by the minor and countersigned by the minor's
parent with their home address and telephone number, specifying when,
where and in what manner said minor will be on the streets or public
property at night in the exercise of a First Amendment right specified
in such communication.
E. In case of reasonable necessity but only after such minor's
parent has communicated to Borough personnel the facts establishing
such reasonable necessity relating to specified streets or public
property at a designated time for a described purpose, including points
of origin and destination.
F. When the minor is on the sidewalk of the place where such minor resides,
or on the sidewalk of either next-door neighbor not communicating
an objection to the police officer.
G. When returning home by a direct route from (and within 30 minutes
of the termination of) a school activity, or an activity of a religious
or other voluntary association, of which prior notice, indicating
the place and probable time of termination, has been given in writing
to and duly filed for immediate reference by the Police Department.
H. When on an emergency errand.
I. When lawfully employed, making it necessary to be on the Borough
streets or public property in violation of this chapter and possessing
a current letter certifying the employment and signed by the minor's
employer or parent.
J. When the minor is, with parental consent, in a motor vehicle. This
contemplates normal travel. This clearly exempts bona fide interstate
movement through Abbottstown Borough, particularly on normal routes
such as Route 30 East and West. This also exempts interstate travel
beginning or ending in Abbottstown Borough.
K. Each of the foregoing exceptions are severable, as hereinafter provided
but here reemphasized.
It shall be unlawful for a parent knowingly to permit or by
inefficient control, to allow such minor to be or remain upon any
Borough street or public property in violation of this chapter. The
term "knowingly" includes knowledge which a parent should reasonably
be expected to have concerning the whereabouts of a minor in that
parent's legal custody. It is intended to continue to keep neglectful
or careless parents up to a reasonable community standard of parental
responsibility through an objective test. It shall be no defense that
a parent was completely indifferent to the activities or conduct or
whereabouts of such minor.
Any ordinance in existence at the time of the adoption of this
chapter that conflicts herewith is hereby repealed.
The provisions of this chapter are intended to be severable,
such that if any provision hereof shall be deemed to be unconstitutional
or otherwise unenforceable, such determination shall not affect the
other provisions hereof.