[HISTORY: Adopted by the Borough Council of the Borough of Clearfield 5-20-2021 by Ord. No. 1353. Amendments noted where applicable.]
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.
A. 
A minor commits an offense if the minor is found at, the minor remains in any public place, park or on the premises of any establishment within the Borough of Clearfield during curfew hours.
B. 
A parent of a minor commits an offense if he knowingly permits, or by insufficient parental control or supervision allows, the minor to remain in any public place, park or on the premises of any establishment within the Borough of Clearfield during curfew hours.
C. 
The owner, operator or any employee of an establishment commits an offense if said owner, operator or employee knowingly allows a minor to remain upon or within the premises of the establishment during curfew hours.
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.
A. 
A police officer, upon finding a minor in violation of § 236-4 shall:
(1) 
Ascertain the name, address, age of the minor as well as all information necessary to contact the parent, court-appointed guardian or person who stands in loco parentis;
(2) 
Issue to the minor a written warning that the minor is in violation of § 236-4; and
(3) 
Order the minor to go promptly home by a direct route.
B. 
Notwithstanding Subsection A of this section, a police officer, upon finding a minor in violation of § 236-4, may take the minor in custody and deliver the minor to a holding location if:
(1) 
The minor has received one previous written warning for a violation of § 236-4; or
(2) 
Reasonable grounds exist to believe the minor has engaged in delinquent conduct or dependent conduct indicating a need for supervision.
C. 
When a minor is taken into custody under this section, the Police Department shall immediately notify a parent, court-appointed guardian or person who stands in loco parentis to pick up the minor at the holding location. After such a person arrives at the holding location and provides proof of identity and the information required by the Chief of Police to file an incident report, the minor shall be released into the custody of said parent, court-appointed guardian or person who stands in loco parentis. If a parent, court-appointed guardian or person who stands in loco parentis cannot be located or fails to take charge of the minor, the minor shall be released to the Clearfield County Juvenile Probation Office (delinquent conduct) or the Clearfield County Children, Youth and Family Services Department (dependent conduct). Those agencies set forth above shall then proceed in accord with the provisions of the Juvenile Act (42 Pa.C.S.A. § 6301).
D. 
If a minor is not taken into custody for a violation of § 236-4 and has been provided a written warning as provided for in Subsection A(2) of this section, the Police Department shall provide notification by certified mail, return receipt requested, or by in person notification, of the parent, court-appointed guardian or person who stands in loco parentis of the minor that the minor has violated § 236-4 and include a warning that any subsequent violation may result in prosecution of the minor and parent under the section. In addition said person shall be provided with a copy of this chapter.
E. 
If the minor was found in violation of § 236-4C at any establishment, the Police Department shall by certified mail, return receipt request, notify the owner, operator or employee of the establishment of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator and employee under this chapter. A copy of this chapter shall be provided along with said written warning.
F. 
If a minor is taken into custody for a second or subsequent violation of this chapter then the police officer shall file a citation with the Magisterial District Court citing the minor, the parent or court-appointed guardian or person who stands in loco parentis or the owner, operator or employee of any establishment with the appropriate violation of this chapter.
G. 
A police officer shall, within 24 hours after finding a minor in violation of § 236-4 file a written report on the incident or assist to the extent possible in the preparation and filing of the report by a supervisor.
A. 
A minor who is cited with a violation of § 236-4A is, upon conviction, punishable by a fine of $50 for the first cited offense within a twenty-four-month period of time, a fine of $100 for a second cited offense within a twenty-four-month period of time and a fine of not less than $150 nor more than $300 for a third or subsequent cited offense within a twenty-four-month period of time plus costs.
B. 
A parent, court-appointed guardian or person who stands in loco parentis of a minor who violates § 236-4B is, upon conviction, punishable by a fine of no less than $50 nor more than $300 plus costs.
C. 
The owner, operator or employee of any establishment who violates § 236-4C is, upon conviction, punishable by a fine of no less than $50 nor more than $300 plus costs.
D. 
Any minor who violates § 236-4A three or more times within any twenty-four-month period is subject to appropriate action pursuant to the Juvenile Act (42 Pa.C.S.A § 6301) by a referral to the Clearfield County Juvenile Probation Office for delinquent conduct and Clearfield County Children, Youth and Family Service for delinquent conduct.
E. 
Community service may be imposed under this chapter should a court, with appropriate jurisdiction to impose said community service, deems the same as appropriate in lieu of the payment of fines set forth in this section. Said community service shall be administered in accord with the community service polices and procedures of that court system.
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.