[Ord. 62-2006, passed 12-6-2006]
(a)
Violence in our community committed by and against minors is a cause
of great concern for the immediate health, safety and general welfare
of our citizens. The City highly values the health, safety and general
welfare of our minors, and has a vested interest in preserving and
nurturing them as a valuable asset and investment in Erie's future.
Persons under the age of 18 are vulnerable to be pressured to participate
in violent unlawful activities and to be victims of perpetrators of
violent crimes due to their general lack of maturity and experience.
Minors who are present in public places during the late night and
early morning hours are particularly vulnerable to being victimized
and abused. The City needs effective tools available to protect minors
from the dangers that exist in the late night and early morning hours
at public places.
(b)
The Council of the City of Erie, recognizing the problem of crimes
committed by and committed against minors during the late night and
early morning hours and believing that it can be dealt with more effectively
by regulating the hours during which minors may remain in public places
and certain establishments without adult supervision, and by defining
more clearly certain duties and responsibilities upon those who have
custody and responsibility for the care of such minors, hereby enacts
this chapter with the intent of promoting the general welfare and
protecting the general public through the reduction of juvenile violence
and crime within the City of Erie, promoting the safety and welfare
of the City's minors whose youth and inexperience renders them
particularly vulnerable to becoming participants in criminal activity
and victims of perpetrators of crime, and fostering and strengthening
parental responsibility for children.
[Ord. 62-2006, passed 12-6-2006; Ord. 25-2015, passed 9-16-2015]
The following words and phrases, whenever used in this chapter,
shall be construed and defined as follows:
(a)
AFTER HOURS — The period of time between the hours of 10:00
p.m. and 6:00 a.m. all nights of the week, Monday through Sunday during
the entire year.
(b)
ESTABLISHMENT — Any privately owned place of business operated
for profit, including any place of amusement or entertainment, to
which the public is invited.
(c)
EMERGENCY — Shall refer to unforeseen circumstances, or the
status or condition resulting therefrom, requiring immediate action
to safeguard life, limb, or property. The term includes but is not
limited to fires, natural disaster, automobile accidents or similar
circumstances.
(d)
KNOWINGLY — Knows or has reason to know.
(e)
MINOR — Any person less than 18 years of age and does not include
any person who is married or who is emancipated. For the purpose of
this chapter any person shall be deemed to be 18 years of age on the
date of his or her 18th birthday and not before this time.
(f)
OPERATOR — Any individual, firm, association, partnership or
corporation owning, operating, managing or conducting any establishment.
Whenever used in any provision prescribing a penalty, the word "operator"
shall include the members, partners, officers and managers of any
firm, association, partnership or corporation.
(g)
PARENT — The biological or adoptive parent of a minor; a legal
guardian; or an adult person 21 years of age or older and who is authorized
by a minor's parent or legal guardian to be responsible, either
temporarily or permanently, for the custody or care of any minor or
for the control of such minor.
(h)
PUBLIC PLACE — Any public street, highway, road, alley, park,
playground or parking lot, or any private building, structure or area
to which the public is invited or in which the public is allowed to
remain.
(i)
REMAIN — To be at or stay at a place.
[Ord. 62-2006, passed 12-6-2006]
It shall be unlawful for a minor to remain in or upon any public
place or to remain in any motor vehicle operating or parked therein
or thereon, or to remain in or upon an establishment in the City of
Erie after hours except as follows:
(a)
The minor is accompanied by a parent;
(b)
The minor is involved in an emergency;
(c)
The minor is engaged in an activity, related to his or her employment,
or is going to or returning home from such activity, without detour
or stop;
(d)
The minor is on the sidewalk directly abutting a place where he or
she resides with a parent, or the minor is on the property or the
sidewalk of an adult next-door neighbor with that neighbor's
permission.
(e)
The minor is attending an activity sponsored by a school, religious
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such activity without
detour or stop;
(f)
The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing signed by the parent containing
the following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, the minor's destination(s) and the hours the minor is
authorized to be engaged in the errand; no minor or parent shall falsify
the document described above; or
(g)
The minor is involved in interstate travel through or beginning or
terminating in the City of Erie; or
(h)
The minor is exercising First Amendment rights protected by the United
States Constitution, such as free exercise of religion, freedom of
speech, and the right of assembly.
(i)
The minor is a homeless juvenile who uses the public place as his
or her usual abode.
(j)
The minor is at a public place or establishment for an activity or
event not otherwise covered by this chapter where City Council has
provided authorization.
[Ord. 62-2006, passed 12-6-2006]
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under Section 738.03.
[Ord. 62-2006, passed 12-6-2006]
No operator of an establishment shall knowingly permit any minor
to remain upon the premises of such establishment after hours.
[Ord. 62-2006, passed 12-6-2006]
The Chief of Police, or his or her designee, is hereby authorized,
from time to time, to promulgate such rules and regulations, including
the extension of hours for special occasions, as in his or her opinion
shall be necessary or useful in the enforcement of this chapter. Such
rules and regulations shall, however, be subject to the approval of
the Council of the City of Erie.
[Ord. 62-2006, passed 12-6-2006]
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in Section 738.03 applies. The officer may issue a citation against the minor and/or the parent.
[Ord. 62-2006, passed 12-6-2006]
No later than one year following the effective date of this
chapter, the Chief of Police, or his designee, shall prepare and present
a report to the Council of the City of Erie concerning the effectiveness
of and continuing need for this chapter. The report shall include,
but not be limited to, the following information:
(a)
The practicality of enforcing the chapter and any problems with enforcement
identified by the Bureau of Police and the City of Erie.
(b)
The impact of this chapter and support programs on juvenile crime
statistics.
(c)
Number of juveniles detained for curfew violations.
(d)
The number of official citizen complaints filed regarding the enforcement
of this chapter.
[Ord. 62-2006, passed 12-6-2006]
If any provisions, sentence, clause, section or part of this
chapter or application thereof to any person or circumstance is for
any reason found to be unconstitutional, illegal or invalid by a court
of competent jurisdiction, such unconstitutionality, illegality or
invalidity shall not affect or impair any of the remaining provisions,
sentences, clauses, sections or parts of this chapter. It is hereby
declared as the intent of the Council of the City of Erie that this
chapter would have been adopted had such unconstitutional, illegal
or invalid provision, sentence, clause, section or part not been included
herein.
[Ord. 62-2006, passed 12-6-2006]
(a)
Any minor or parent who violates the provisions of this chapter may
be issued a non-traffic summary citation. The minor may be taken into
temporary custody, in which case his or her parents or other appropriate
person shall be notified and the minor shall be released into the
custody of the appropriate parent or parents of the minor or to a
brother or sister 18 years of age or older. If no such person is available
after reasonable efforts have been made to locate such person, then
the minor shall be released to such agencies or institutions as are
established for juvenile welfare. A referral to supportive services
shall be made where appropriate.
(b)
Any minor or parent who violates any provision of this chapter is
guilty of a summary offense and, upon conviction thereof, shall be
subject to fine or imprisonment as follows:
(1)
First offense: Written warning with referral to supportive services
where appropriate.
(2)
Second offense: $50 with referral to supportive services where
appropriate.
(3)
Third offense: $100 to $150 with referral to supportive services
where appropriate.
(4)
Fourth offense: $150 to $200 with referral to supportive services
where appropriate.
(5)
Fifth offense: $200 to $300. Parents are subject to imprisonment
for up to 90 days and minors to referral to the juvenile court system.
The Court may also refer the offender(s) to supportive services where
appropriate.
(6)
Sixth and subsequent offenses: $300 to $500. Parents are subject
to imprisonment for up to 90 days and minors to referral to the juvenile
court system. The Court may also refer the offender(s) to supportive
services where appropriate.
(c)
Any operator convicted of violating the provisions of this chapter
for the first time shall be fined $50 and shall be subject to imprisonment
for a term not to exceed 90 days. Any operator convicted of violating
the provisions of this chapter for the second or subsequent time shall
be fined $300 and shall be subject to imprisonment for a term not
to exceed 90 days.
(d)
Each violation of the provisions of this chapter shall constitute
a separate offense.
