This chapter shall be known as the Borough of
Columbia "Curfew Ordinance."
The Borough Council of the Borough of Columbia,
recognizing the problem of crimes committed by and committed against
juveniles during the nighttime and believing that it can be dealt
with more effectively by regulating the hours during which minors
less than 18 years of age may remain in public places and certain
establishments without adult supervision and by defining more clearly
certain duties and responsibilities upon those who have the custody
and responsibility for the care of such minors, hereby enacts this
chapter for the purpose of promoting the general welfare and protecting
the general public through reduction of juvenile violence and crime
within the Borough of Columbia, promoting the safety and welfare of
the Borough citizens under the age of 18 years whose youth and inexperience
renders them particularly vulnerable to becoming the participants
in criminal activity and in being victimized by perpetrators of crime,
and fostering and strengthening parental responsibility for children.
For purposes of this chapter, the following
terms, phrases, words and their definitions shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include
the singular and words in the singular include the plural. The word
"shall" is always mandatory and not merely directory.
AFTER HOURS and/or CURFEW HOURS
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights and 11:00 p.m. and 6:00 a.m.
on Friday and Saturday nights.
BOROUGH
The Borough of Columbia, Lancaster County, Pennsylvania,
with administrative offices located at 308 Locust Street, Columbia,
Pennsylvania 17512.
BOROUGH OF COLUMBIA POLICE DEPARTMENT
Shall refer to the Police Department Headquarters located
at 308 Locust Street, Columbia, Pennsylvania 17512, or any officially
designated precinct of said Department.
EMERGENCY
Refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life,
limb or property; the term includes, but is not limited to, fires,
natural disasters, automobile accidents, or other similar circumstances.
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.
OPERATOR
Any individual, firm, association, partnership, corporation,
or other entity owning, operating, managing, or conducting any establishment.
Whenever used in any clause prescribing penalties for violations of
this chapter, "operator" shall include the members, partners, officers,
and managers of any such firm, association, partnership, corporation
or other entity.
PARENT
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or older and who is authorized
by a minor's parent or legal guardian to be responsible, either temporarily
or permanently, for the custody or care of any minor or for the control
of such minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, vacant lots, public buildings or grounds,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
REMAIN
To stay behind, to tarry and to stay unnecessarily, to loiter, idle, wander, stroll, to congregate in groups totaling two or more persons in which any minor involved would not be using the public place for purposes accepted pursuant to §
101-5 hereof or to fail to leave the public place when requested to do so by a police officer or the operator or other person in control of the public place. To implement this thought with additional precision and precaution, numerous exemptions and exceptions are expressly set forth in §
101-5 so that this is not a mere prohibitory or presence type chapter.
TIME or HOUR OF THE DAY
That time generally observed at that hour in the Borough
administrative offices and Police Department.
YEAR OF AGE
Continues from one birthday, such as 17th, to (but not including
the day of) the next, making it clear that 17 or fewer years of age
is herein treated as equivalent to the phrase "under the age of 18
years," unless specifically defined differently herein.
The Chief of Police of the Police Department
is hereby authorized from time to time to promulgate such rules and
regulations, including the extension of the curfew hours for special
occasions, as in his or her opinion shall be necessary or useful in
the enforcement of this chapter, provided, however, that any such
rules and regulations shall be first approved by the Council of the
Borough of Columbia.
Severability is intended throughout and within
the provisions of this chapter. If any provision, including inter
alia, any exception, part, phrase or term or the application to any
person or circumstances, is held invalid, the application to other
persons or circumstances shall not be affected thereby and the validity
of this chapter in any and all other respects shall not be affected
thereby. The Council of the Borough of Columbia does not intend a
result that is absurd, impossible to execute or unreasonable. It is
intended that this chapter be held inapplicable in such cases, if
any, and where its application would be unconstitutional. A constitutional
construction is intended and shall be given. The Council of the Borough
of Columbia does not intend to violate the Constitution of the Commonwealth
of Pennsylvania or the Constitution of the United States of America.
The Borough Secretary/Treasurer shall provide
notice of this chapter and of the curfew regulations established by
it by having copies of this chapter posted in, on or about such public
or quasi-public places as may be determined by the Mayor, the Borough
Council and Police Department in order that the public may be constantly
informed of the existence of this chapter and its amendments and regulations.
This chapter and the need for it shall be reviewed
annually. By November 1, 2003, and each year thereafter, the Committee
on Public Safety shall review this chapter and report and make recommendations
to the Council of the Borough of Columbia considering the effectiveness
of and the continuing need for this chapter. This report shall include,
but not be limited to, the following information:
A. The practicality of enforcing the chapter and any
problems with enforcement identified by the Police Department for
the Borough of Columbia;
B. The impact of this chapter and support programs on
juvenile crime statistics;
C. The number of juveniles taken into custody for curfew
violations; and
D. The number of official citizen complaints filed regarding
the enforcement of this chapter.
This chapter shall be cumulative and in addition
to any other laws in force.