This chapter shall be known and may be cited as the "Curfew
Ordinance."
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.