This chapter shall be known and may be cited as the "Clearfield
Borough Curfew Ordinance."
It is hereby found that to protect the health, safety and welfare
of the citizens of Clearfield Borough and to reduce juvenile crime
and victimization, to promote juvenile safety and to promote the welfare
of young citizens whose immaturity, inexperience and lack of judgement
may impair their ability to exercise their rights wisely, it is necessary
to establish a curfew for minors.
As used in this chapter, the following terms shall have the
meanings indicated:
CHIEF OF POLICE
The Chief of Police of the Borough of Clearfield or a designated
representative.
CURFEW HOURS
A.
10:00 p.m. prevailing time on any Sunday, Monday, Tuesday, Wednesday,
or Thursday until 6:00 a.m. prevailing time of the following day;
and
B.
11:00 p.m. prevailing time until 6:00 a.m. prevailing time on
any Friday or Saturday.
DIRECT ROUTE
The shortest path of travel through a public place to reach
a final destination without any detour or stop along the way.
EMERGENCY
Any situation requiring immediate action to prevent serious
bodily injury or loss of life, including, but is not limited to, a
fire, a natural disaster, an automobile accident or a medical emergency.
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.
HOLDING LOCATION
A place designated by the Chief of Police to which a minor
taken into custody for a violation of this chapter will be delivered
to await pickup by a parent, a court-appointed guardian, a person
who stands in loco parentis, Clearfield County Juvenile Probation
Office or Clearfield County Children, Youth and Family Services.
MINOR
Any person less than 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 any association or partnership and the
officers of a corporation.
PARENT
A person who is:
A.
A natural or adoptive or step parent of another person;
B.
A court-appointed guardian of another person; or
C.
A person who stands in loco parentis; or
D.
At least 18 years of age and who has been specifically authorized,
for this one occasion, by a parent or court-appointed guardian to
have the care and custody of another person.
PARKS
Those areas of Clearfield Borough which have been specifically
designated as parks for the general use of the public, which includes
those areas at Upper Witmer Park, Lower Witmer Park, the Riverwalk
Amphitheater area which encompasses all of the area west of the Riverwalk
including the amphitheater, the Novey Scalehouse and the area to Williams
Street, Rebecca Park, the area encompassing the Clearfield Driving
Park, including the buildings and facilities therein and Kurtz Park.
PUBLIC PLACE
Any street, alley, highway, sidewalk, playground, park, plaza,
building or other place used by or open to the public.
REMAIN
To:
A.
To stay behind, to tarry and to linger or stay unnecessarily
or to congregate in groups.
B.
Fail to leave premises when requested to do so by a police officer
or the owner, operator or other person in control of the premises.
It is a defense to prosecution under §
236-4 that the minor was:
A. Accompanied by the minor's parent, court-appointed guardian or a
person who stands in loco parentis.
B. On a specific errand at the direction of the minor's parent, court-appointed
guardian or a person who stands in loco parentis and was using a direct
route.
C. In a motor vehicle involved in interstate travel.
D. Engaged in an employment activity, which involves moving throughout
Clearfield Borough and making use of public places in order to complete
such employment activity and is doing so making use of a direct route.
E. Involved in an emergency.
F. On the sidewalk abutting the minor's residence or abutting the residence
of a next-door neighbor, if the neighbor did not complain to the police
officer about the minor's presence.
G. Attending an official school or religious activity or returning home
by direct route from an official school or religious activity.
H. Has had the disabilities of minority removed. (Emancipation)
I. It is a defense to prosecution under §
236-4C that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
It is the specific intent of the Clearfield Borough Council
in enacting this chapter to in no fashion limit, interfere or restrain
the discretion of the police officers of the Clearfield Borough Police
Department as to the filing of charges in addition to a violation
of this chapter such as endangering welfare of children (18 Pa.C.S.A.§ 4304);
recklessly endangering another person (18 Pa.C.S.A. § 2705)
or any other related section of the Crimes Code.
The provisions of this chapter are severable and if any provisions
shall be held illegal, invalid or unconstitutional, such illegality,
invalidity or unconstitutionality shall not affect or impair any of
the remaining provisions. It is hereby declared to be the intent of
the Borough Council that this chapter would have been adopted if said
illegal, invalid or unconstitutional provisions had not been included
herein.
All previous Clearfield Borough ordinances dealing with curfew
regulations or violations and any other provision of any ordinance
related thereto, specifically including former Chapter 15 of the Clearfield
Borough Code entitled "Curfew," as well as any portion of any ordinance
inconsistent herewith are hereby specifically repealed.
As this chapter is deemed necessary for the protection of the
health, safety and welfare of the citizens of Clearfield Borough,
it shall be come effective immediately on the date of its passage
by Borough Council and the approval of the Mayor.