Borough of Downingtown, PA Chapter 123 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 8-11-1958 by Ord. No. 500. Amendments noted where applicable.]

GENERAL REFERENCES

Mass gatherings — See Ch. 173.

Peace and good order — See Ch. 207.

§ 123-1 Legislative findings.

The Council of the Borough of Downingtown finds as follows:

A. The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and certain establishments without adult supervision and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors.

B. To that end, it is desirable and advisable to create a comprehensive, effective and adequate Curfew Ordinance of the Borough of Downingtown.

§ 123-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHMENT

Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.

MINOR

Any person under the age of 18 years.

OFFICIAL BOROUGH TIME

Eastern standard time, except for the period when, by proper decree and common usage, Eastern daylight saving time is the "official Borough time."

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the term "operator," as applied to associations or partnerships, shall include the members or partners thereof and, as applied to corporations, shall include the officers thereof.

PARENT

Any natural parent of a minor, a guardian or any adult person, 21 years of age or over, responsible for the care and custody of a minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

§ 123-3 Curfew hours established; exception for employed minor.

A. It shall be unlawful for any minor who has not attained the 18th anniversary of the date of his birth to remain in or upon any public place or any establishment in the Borough of Downingtown between the hours of 10:00 p.m. and 5:00 a.m. of the following day, official Borough time, except that on Fridays and Saturdays and all nights between June 15 and September 15 inclusive, the hours shall be from 11:00 p.m. to 5:00 a.m.

B. The provisions of this section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legitimate business directed by such minor's parent or to any minor who is engaged in gainful lawful employment during the curfew hours, provided that said minor carries identification and evidence, in writing, to this effect.

C. Each violation of the provisions of this section shall constitute a separate offense.

§ 123-4 Responsibilities of parent.

A. It shall be unlawful for any parent knowingly to permit any minor to remain in or upon any public place or any establishment between the hours specified under § 123-3A hereof.

B. The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business or to any parent of a minor engaged in gainful lawful employment during the curfew hours, provided that the minor carries written identification and written evidence to that effect.

§ 123-5 Responsibilities of establishment operators.

A. It shall be unlawful for any operator of an establishment or his agents or employees knowingly to permit any minor to remain upon the premises of said establishment during the hours restricted under § 123-3A.

B. Each violation of the provisions of this section shall constitute a separate offense.

§ 123-6 Violations and penalties.

A. Any police officer who finds a minor in violation of the provisions of this chapter shall obtain information from such minor as to name, address, age and the name of his/her parent(s) or another adult responsible for his/her well-being. The police officer shall detain said minor until such time as the minor can be released to the care and control of his/her parent(s) or another responsible adult. The parent(s) or other responsible adult shall be advised at that time of the minor's violation of this chapter.

[Amended 3-11-1992 by Ord. No. 92-4]

B. Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation shall be fined not more than $600, and costs of prosecution, for each offense, and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for a term not exceeding 30 days.

[Amended 10-10-1990 by Ord. No. 90-16]

C. Any operator of an establishment and any agents or employees of any operator who shall violate the provisions of this chapter shall be fined not more than $600, and costs of prosecution, for each offense and, in default of payment of such fine and costs, shall be subject to imprisonment in the county jail for a term not exceeding 30 days.

[Amended 10-10-1990 by Ord. No. 90-16]