[HISTORY: Adopted by the Borough Council of the Borough of Oakdale as Ch. 6, Part 2, of the 1995 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 231.
This chapter shall be known and may be cited as the "Curfew Ordinance."
A. 
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 shall 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 directory.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Oakdale, Allegheny County, Pennsylvania, with administrative offices at Marion Street, Oakdale, Pennsylvania 15071.
MINOR
Any person under the age of 18.
PARENT
Any person having legal custody of a minor:
(1) 
As a natural or adoptive parent;
(2) 
As a legal guardian;
(3) 
As a person who stands in loco parentis; or
(4) 
As a person to whom legal custody has been given by order of court.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totalling 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. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 137-4 hereof. More and more exceptions become available with increasing years, as appropriate, in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain" found constitutional in Baker v. Borough of Steelton, 17 Dauph. 17 (1912).
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 of traffic lanes, 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" applies irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise.
TIME OF NIGHT
Is based upon the prevailing standard time, whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed at that hour by the public in the Borough.
YEAR OF AGE
Continues from one birthday, such as the 17th, 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 within the Borough at night during the period ending at 6:00 a.m. and beginning at 11:00 p.m.
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 137-3 in intended to provide the maximum limits of regulation shall not, however, 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 said minor for a designated period of time and purpose within a specified area.
C. 
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 first deliver to the Borough Municipal Building, Marion Street, a written communication, signed by such minor and countersigned, if practicable, by a parent of such minor with their home address and telephone number, addressed to the Mayor of the Borough, specifying when, where and in what manner said minor will be on the streets at night (during hours when this chapter is otherwise applicable to said minor) in the exercise of a First Amendment right specified in such communication.
D. 
In case of reasonable necessity, but only after such minor's parent has communicated to the Borough police station personnel the facts establishing such reasonable necessity relating to specified streets at a designated time for a described purpose, including points of origin and destination. A copy of such communication, or of the public record thereof, duly certified by the Chief of Police to be correct, with an appropriate notation of the time it was received and of the names and address of such parent and minor, shall be admissible evidence.
E. 
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.
F. 
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 Chief of Police or the officer assigned by him on duty at the police station.
G. 
When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, then recourse may be had to the Mayor of the Borough, either for a regulation as provided in Subsection H or for a special permit as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor, if feasible, stating the name, age and address of such minor, the name, address and telephone number of a parent thereof, the height, weight, sex, color of eyes and hair and other physical characteristics of such minor, the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable, and the street or route and the beginning and ending of the period of time involved by date and hour, the Mayor may grant a permit, in writing, for the use by such minor of such streets at such hours as in the Mayor's opinion may reasonably be necessary. In an emergency, this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor or, if unavailable, to the police officer authorized by the Mayor to act on his behalf in an emergency, at the police station.
H. 
When authorized by regulation issued by the Mayor in other similar cases of reasonable necessity, similarly handled but adapted to necessary nighttime activities of more minors than can readily be dealt with on an individual special-permit basis. Normally, such regulation by the Mayor permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through news media and through other agencies such as schools and shall define the activity, the scope of the use of the streets permitted, the period of time involved not to extend more than 30 minutes beyond the time for termination of such activity, and the reason for finding that such regulation is reasonably necessary and is consistent with the purpose of this chapter.
I. 
When the minor carries a certified card of employment, renewable each calendar month when the current facts so warrant, dated or reissued not more than 45 days previously, signed by the Chief of Police and briefly identifying the minor, the addresses of his home and of his place of employment, and his hours of employment.
J. 
When the minor is, with parental consent, in a motor vehicle. This constitutes normal travel.
K. 
Each of the foregoing exceptions, and their several limitations such as provisions for notification, are severable, as hereinafter provided.
It shall be unlawful for a parent having legal custody of a minor knowingly to permit or by inefficient control to allow such minor to be or remain upon any Borough street under circumstances not constituting an exception to, or otherwise beyond the scope 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.
A policeman of the Borough, upon finding or having attention called to any minor on the streets in prima facie violation of this chapter, normally shall take the minor to the Borough Police Station, where a parent shall immediately be notified to come for such minor, whereupon they shall be interrogated. This is intended to permit ascertainment, under constitutional safeguards, of relevant facts, and to centralize responsibility in the officer there and then on duty for accurate, effective, fair, impartial and uniform enforcement and recording, thus making available experienced supervisory personnel, the best of facilities and access to information and records. In the absence of convincing evidence such as a birth certificate, a policeman on the street shall in the first instance use his best judgment in determining age.
A. 
Police procedures shall constantly be refined in the light of experience and may provide, inter alia, that the policeman may deliver to a parent thereof a minor under appropriate circumstances.
B. 
In any event, such policeman shall within 24 hours file a written report with the Chief of Police, or shall participate to the extent of the information for which he is responsible in the preparation by himself and in the filing of such report within 24 hours.
C. 
When a parent, immediately called, has come to take charge of the minor and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located, or fails to take charge of the minor, then the minor shall be released to the juvenile authorities, except to the extent that in accordance with police regulations, approved in advance by juvenile authorities, the minor may temporarily be entrusted to a relative, neighbor or other person who will on behalf of a parent assume the responsibility of caring for the minor pending the availability or arrival of a parent.
D. 
In the case of a first violation by a minor, the Chief of Police shall, by certified mail, send to a parent written notice of said violation with a warning that any subsequent violation will result in full enforcement of this chapter, including enforcement of parental responsibility and of applicable penalties.
If, after the warning notice pursuant to § 137-6 of a first violation by a minor, a parent violates § 137-5 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense, a parent shall be fined $25, and for each subsequent offense by a parent, the fine shall be increased by an additional $25, e.g., $50 for the second, $75 for the third offense, up to a maximum fine of $600. The Magisterial District Judge, upon finding a parent guilty, shall order the parent to pay such fine and costs of prosecution.
The Borough Council and the Mayor shall continue their evaluation and updating of this chapter.