This chapter shall be known as the "Quarryville Borough Curfew
Ordinance."
The Borough Council of the Borough of Quarryville, being aware
of the problem of juvenile delinquency and believing that it can be
dealt with more effectively by regulating the hours during which minors
less than 18 years of age may remain in public places and certain
establishments without adult supervision, and by defining more clearly
certain duties and responsibilities upon those who have the custody
and responsibility for the care of such minors, hereby enacts this
chapter restating and clarifying the provisions of former Ordinance
No. 322 and in furtherance for the purpose of promoting the general
welfare and protecting the general public through reduction of juvenile
violence and crime within the Borough of Quarryville, promoting the
safety and welfare of the Borough's citizens under the age of
18 whose youth and inexperience renders them particularly vulnerable
to becoming participants in criminal activity and being victimized
by perpetrators of crime, and fostering and strengthening parental
responsibility for children.
In this chapter, the following definitions shall apply:
CHIEF OF POLICE
The Chief of Police of Quarryville Borough or designated
representative.
CURFEW HOURS
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights, and 12:00 midnight and 6:00
a.m. on Friday and Saturday.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, natural disaster, automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss
of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
GUARDIAN
A.
A person, who, under court order, is the guardian of the person
of a minor; or
B.
A public or private agency with whom a minor has been placed
by a court.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association, limited liability entity,
or partnership and the officers of a corporation.
PARENT
A person who is:
A.
A natural parent, adoptive parent or step parent of another
person;
B.
At least 18 years of age and authorized by a parent, a court
or court-appointed guardian to have the care and custody of another
person.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, establishments,
streets, roads, alleys, highways, sidewalks, playgrounds, parks, plazas,
buildings common areas of schools, apartment houses, transport facilities,
shops and office buildings, or other place used by or open to the
public.
REMAIN
To:
A.
Linger or stay unnecessarily, loiter, idle, wander, stroll,
play or be; or
B.
Fail to leave a public place when requested to do so by a police
officer or the owner, operator, or other person in control of the
public place.
Any minor or parent who violates the provisions of this chapter
for the first time may be issued a citation. The minor may be taken
into temporary custody, in which case his or her parent(s) or other
appropriate person shall be notified and the minor shall be released
into the custody of the appropriate person or parent(s) 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.
Each violation of the provisions of this chapter shall constitute
a separate offense.
It is the intention of the Borough Council that each separate
provision of this chapter shall be independent of all other provisions
herein, and it is further the intention of the Borough Council that
if any of the provisions of the chapter shall be declared to be invalid,
all other provisions herein shall remain valid and in force.
This chapter and the need for it shall be reviewed annually.
By December 1, 2004, and each year thereafter, the Chief of Police
of the Borough of Quarryville shall review this chapter and report
and make recommendations to the Quarryville Borough Council concerning
the effectiveness of and the continuing need for this chapter.
Quarryville Borough Curfew Ordinance No. 322, having expired
as of December 31, 2001 by virtue of its "sunset provision," is replaced
hereby in a restatement of former Ordinance 322. All other ordinances
and parts of ordinances contrary to the provisions of this chapter
are hereby repealed.