[HISTORY: Adopted by the Borough Council of the Borough of
Mount Holly Springs as 11-10-1975 by Ord. No. 75-9 (Ch. VI of the 1979 Code of Ordinances).
Amendments noted where applicable.]
The purpose of this chapter is to regulate the conduct of minors
on streets at night, to provide parental responsibilities, to establish
reasonable exceptions to the curfew, to establish police procedures
in dealing with violators, to provide penalties for violators and
to encourage a continuing evaluation of the effectiveness and necessity
of the provisions of this chapter. Borough Council recognizes that
there is a critical need within the Borough of Mount Holly Springs
for this type of ordinance in order to further the public good, safety
and welfare. In enacting this chapter, Council has considered many
factors, including the high crime statistics of minors during the
nocturnal hours, the numerous complaints of vandalism during the nocturnal
hours, the congregation of minors on the streets with potential risks
incident thereto, the local needs of its citizens, the rural and quiet
type of community, the ineffectiveness of other types of control,
including parental control of conduct by minors during the nocturnal
hours, and the necessity of providing exceptions to the curfew so
that the rights of minors are not unduly or unconstitutionally restricted.
For the purpose of this chapter, the following terms, words,
and phrases and their derivations shall have the meaning herein given.
Words used in the present tense include the future, words in the singular
include the plural, and words in the plural include the singular.
The word "shall" is mandatory and not merely directory.
Any person 17 years of age or less years of age (any person
under the age of 18).
Any person having custody of a minor:
To stay behind, to tarry, to stay unnecessarily upon the
streets, including the congregating of groups totalling three or more
persons in which any minor is involved who is not using the streets
for ordinary or serious purposes such as mere passage, going home,
or for any other lawful purpose as allowed by this chapter.
A way or place of whatsoever nature, whether dedicated or
nor, open to use of the public as a matter of right for purposes of
vehicular travel or for pedestrian travel. The term "street" includes,
but is not limited to, the legal right-of-way, the cartway of traffic
lanes, the curb, the sidewalks whether paved or unpaved, alleys and
any grass plots or other grounds found within the legal right-of-way
of a street. The term "street" applies irrespective of whether it
is called or formally named an alley, avenue, court, road or otherwise.
Refers to prevailing standard time, whether Eastern Standard
Time or Eastern Daylight Saving Time, generally observed at that hour
by the public within the Borough of Mount Holly Springs.
It shall be unlawful for any person 17 years of age or less
years of age to be or remain in or upon the streets within the Borough
of Mount Holly Springs during the period beginning at 10:00 p.m. and
ending at 6:00 a.m., except that a minor on a Borough street under
the following circumstances shall not 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.
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 evidence his desire to
exercise said rights during the curfew hours by notifying the Mayor,
in writing, signed by the minor, and if practicable by a parent, of
the location and manner in which the minor will be on the streets
during the curfew hours in the exercise of a First Amendment right.
The written notice should contain the home address and telephone number
of the minor. The Mayor shall notify the Police Department of the
receipt of said written notice.
D.
In case of reasonable necessity but only after such minor's parent
has communicated to the Mayor or Police Department the facts establishing
such reasonable necessity relating to specified streets at a designated
time for a described purpose. A copy of such communication or the
notation of such communication if not in writing shall be kept by
the Mayor or the Police Department indicating the name and address
of the minor and parents and the reason given by the parent. If the
communication is given to the Mayor, he shall notify the Police Department
of the receipt of said notice.
E.
When the minor is on the sidewalk of the place where he resides or
on the sidewalk of a next door neighbor with permission of said next
door neighbor.
F.
When returning home, by a direct route, from a scheduled and supervised
school activity or a scheduled and supervised church or religious
activity.
G.
When returning home, by a direct route, from a scheduled and supervised
activity of a voluntary association or of similar organization which
prior notice indicating the place and probable time of termination
of the activity has been given, in writing, to the Mayor or Police
Department by the supervisor of the activity.
H.
When returning home by a direct route from a place of employment.
I.
When the minor is, with parental consent, in a motor vehicle and
no disturbances, nuisances or delinquency is being created by the
occupants.
[Amended 11-10-1975 by Ord. No. 75-9]
It shall be unlawful for a parent having custody of a minor
to knowingly, either by constructive or actual knowledge, 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.
A policeman of the Borough or any other peace officer recognized
as having police powers by the laws of the commonwealth or the Code
of the Borough of Mount Holly Springs, upon finding any minor on the
streets in prima facie violation of this chapter, shall follow the
following procedures:
A.
The officer shall immediately ascertain and record the name, address
and age of the minor and ascertain and record the name and address
of the minor's parents. A record of the date, time and circumstance
of the violation shall also be recorded; and
B.
If the minor is a resident of the Borough of Mount Holly Springs,
the officer shall either deliver the minor to the parent thereof or
shall take the minor to the Borough Office where the parent shall
be notified to come for such minor; and
C.
If the minor is a resident outside the Borough of Mount Holly Springs,
the officer shall notify the parents to come for such minor; and
D.
If the parent called has come to take charge of a minor, and the
appropriate information has been recorded, the minor shall be released
to the custody of the parent; and
E.
If the parent cannot be located or fails to take charge of the minor,
the minor may be intrusted temporarily to an adult relative, adult
neighbor, or other adult person who will on behalf of a parent assume
the responsibility of caring for the minor pending the availability
of a parent. Said person shall sign a statement assuming temporary
responsibility for said minor. If no one is available to take charge
of the minor, he shall be released to the county juvenile authorities;
and
F.
A written report of said violation shall be filed within 48 hours
of said violation; and
G.
In the case of a first violation by a minor, the officer filing the
report of violation 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 the chapter, including enforcement
of parental responsibility and applicable penalties.
A.
If, after the warning notice pursuant to § 235-5G, a parent violates § 235-4 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. After conviction before a Magisterial District Judge of a first parental offense, the parent shall be guilty of a summary offense and shall be sentenced to pay a fine of $100 and costs of prosecution and, upon refusal to pay such fine and costs, shall be imprisoned in the Cumberland County Prison for a period not exceeding 10 days. For each subsequent summary conviction of a parent, the fine shall be increased by an additional $100, e.g., $200 for the second offense; $300 for the third and subsequent offenses. In no case shall a fine exceed $300.
