[HISTORY: Adopted by the Borough Council of the Borough of
Quarryville 10-6-2003 by Ord. No.
346. Amendments noted where applicable.]
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:
The Chief of Police of Quarryville Borough or designated
representative.
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.
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.
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.
Any person under 18 years of age.
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.
A person who is:
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.
To:
A.
Unlawful conduct of minor. A minor commits an offense if he remains
in any public place (or on the premises of any establishment) within
the Borough during curfew hours.
B.
Unlawful conduct of parent or guardian. A parent or guardian of a
minor commits an offense if he knowingly permits or by insufficient
control allows the minor to remain in any public place (or on the
premises of any establishment) within the Borough during curfew hours.
C.
Unlawful conduct of owner, operator or employee of establishment.
The owner, operator or any employee of an establishment or public
place commits an offense if he knowingly permits allows a minor to
remain upon the premises of the establishment during curfew hours.
A.
It is a defense to prosecution under § 157-4 if the minor was:
(1)
Accompanied by the minor's parent or guardian;
(2)
On an errand at the direction of the minor's parent or guardian
without any detour or stop;
(3)
Engaged in an employment activity or going to or returning home from
an employment activity without any detour or stop;
(4)
Involved in an emergency;
(5)
On the sidewalk abutting the minor's residence;
(6)
Attending an official school, religious or other recreational activity
supervised by adults or sponsored by the Borough, a civic organization
or another similar entity that takes responsibility for the minor;
or going to or returning home from, without detour or stop, an official
school, religious or other recreational activity supervised by adults
and sponsored by the Borough, a civic organization or another similar
entity that takes responsibility for the minor; special events, programs
or functions by properly organized and supervised organizations advancing
legitimate recreation, charitable, educational, religious, social
or civic, or organizations advancing recreation, character development,
or training in the aforementioned areas, and prompting the building
of good citizenship in young people, and the attendance and movement
directly to and from such events by minors, are exempt from the provisions
of this chapter;
(7)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion or freedom of
speech and right of assembly in a lawful manner.
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.
A.
Any minor or parent who violates the provisions 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: fine of up to $25.
(2)
Second offense: fine of up to $50.
(3)
Third offense: fine of up to $75.
(4)
Fourth offense: fine of up to $100. Parents are subject to imprisonment
for up to 90 days and the minor to referral to the juvenile court
system.
(5)
First and subsequent offenses: fine up to $300. Parents are subject
to imprisonment for up to 90 days and minors to referral to the juvenile
court system.
B.
Any operator convicted of violating the provisions of this chapter
for the first time shall be fined $50 and shall be subject to the
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 up to $300 and shall be subject to imprisonment
for a term not to exceed 90 days.
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.
