Borough of West Chester, PA Chapter 46 Curfew

[HISTORY: Adopted by the Council of the Borough of West Chester 9-11-1957. Sections 46-1, 46-2A and 46-5B and C amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]

§ 46-1 Definitions.

The following words, when used in this chapter, shall have the meanings ascribed to them in this section except in those instances where the context indicates otherwise:

CHIEF OF POLICE

The Chief of Police of the Borough of West Chester, or any member of the Police Department of the borough designated by him to perform any of the duties or exercise any of the powers herein vested in the Chief of Police.

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 seventeen (17) years.[1]

[Amended 6-13-1973; 9-12-1973 by Ord. No. 8-1973; 5-10-1989 by Ord. No. 11-1989; 7-24-1991 by Ord. No. 13-1991]

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 eighteen (18) years of age or over responsible for the care and custody of a minor.

[Amended 6-13-1973]

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.

[1] Editor's Note: The definition of "official borough time," which immediately followed, in alphabetical order, this definition, was repealed 6-13-1973.

§ 46-2 Night curfew imposed on certain minors.

A. It shall be unlawful for any minor under seventeen (17) years of age to remain in or upon any public place or any establishment in the Borough of West Chester between the hours of 11:00 p.m. and 5:00 a.m. of the following day, prevailing time, except that on Friday and Saturday nights the curfew hours shall be from 12:00 midnight to 5:00 a.m. the following day.

[Amended 6-13-1973; 5-10-1989 by Ord. No. 11-1989; 7-24-1991 by Ord. No. 13-1991]

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.

§ 46-3 Parents prohibited from permitting violations.

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 in § 46-2A 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 employment during the curfew hours, provided that the minor carries written identification and written evidence to that effect.

§ 46-4 Operators of establishments prohibited from permitting violations.

A. It shall be unlawful for any operator of an establishment or their agents or employees knowingly to permit any minor to remain upon the premises of said establishment during the hours restricted in § 46-2A hereof.

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

§ 46-5 Violations and penalties.

[Amended 6-13-1973]

A. Any police officer who finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name and address, age and the name of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith. The information obtained from the minor shall be transmitted to the Chief of Police, who shall cause a written notice to be mailed to the parent or parents of the minor, advising of the violation of this chapter.

B. Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation shall, upon conviction thereof before any District Justice, be sentenced to pay a fine of not more than one thousand dollars ($1,000.) together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed thirty (30) days, or both.

[Amended 5-10-1989 by Ord. No. 11-1989; 7-24-1991 by Ord. No. 13-1991]

C. Any operator of an establishment, and any agents or employees of any operator, who shall violate the provisions of this chapter shall, upon conviction thereof before any District Justice, be sentenced to pay a fine of not more than one thousand dollars ($1,000.), together with costs of prosecution, or to imprisonment in the county jail for a term not to exceed thirty (30) days, or both.

[Amended 5-10-1989 by Ord. No. 11-1989; 7-24-1991 by Ord. No. 13-1991]

§ 46-6 Determination of age by police.

The police officers of the borough, in taking minors into custody, shall use their discretion in determining age and in doubtful cases may require positive proof, and, until such proof is furnished, the officer's judgment shall prevail.

§ 46-7 Provisions to be liberally construed.

It is declared to be the intention of this chapter that its provisions shall be liberally construed so as to curb or reduce juvenile delinquency.