This chapter shall be known and may be cited as the "Curfew Ordinance."
This chapter is an updating of the West Brandywine Township Curfew Ordinance
and, in accordance with prevailing community standards, prescribes regulations
for the presence of minors on streets, in public places and other locations
in the Township of West Brandywine during certain hours, all for the welfare
and protection of minors, the furtherance of parental responsibility and for
public health, safety and welfare. Accordingly, the Board of Supervisors finds
as follows:
A. Reduce the number of juvenile crime victims;
B. Reduce injuries and accidents involving juveniles;
C. Reduce additional time for officers in the field;
D. Provide additional options for dealing with gang problems;
E. Reduce juvenile peer pressure to stay out late; and
F. Assist parents in the control of their children.
It shall be unlawful for any person under the age of 18 to remain in
or upon any street, public place or establishment within the Township between
10:15 p.m. prevailing time and 6:00 a.m. prevailing time of the following
day, except:
A. In the summer, June 15 through September 15, 11:15 p.m.
prevailing time and 6:00 a.m. prevailing time of the following day.
B. If the curfew hours established hereunder are temporarily
suspended or modified by proclamation of the Township of West Brandywine Board
of Supervisors.
In the following cases, a minor remaining on a public street, public place or in an establishment during the hours set forth in §
77-4 above shall not be considered to be in violation of this chapter:
A. When accompanied by:
(1) The parent of the minor; or
(2) An adult authorized by the parent of the minor to take
the parent's place in accompanying the minor for a designated period
of time and purpose within a specified area.
B. When exercising First Amendment rights protected by the
United States Constitution such as the free exercise of religion, freedom
of speech and the right of assembly. Any minor desiring to avail himself or
herself of the provisions of this exception shall establish the validity of
such exercise by first delivering to the Township Police Department a letter,
dated and signed by the minor and a parent of the minor, containing the following
information:
(4) The minor's telephone number.
(7) The parents' telephone number;
(8) A statement specifying when, where and in what manner
the minor will be in or on the streets, public place or establishment (during
the hours when this chapter is otherwise applicable) in the exercise of the
First Amendment rights specified in the letter.
C. Written notice.
(1) In the case of reasonable necessity, provided that the
minor's parents shall have first delivered to the Township Police Department
a written notice stating the facts establishing the reasonable necessity and
a description of the specified streets, public place or establishment at designated
times for a described purpose, including points of origin and destination;
and
(2) The written notice has been countersigned and dated by
the Chief of the Township of West Brandywine Police Department (or other police
officer authorized by the Chief to sign such notices).
D. When the minor is on the sidewalk of the minor's
place of residence, or on the sidewalk of any premises immediately adjacent
to the premises in which the minor resides, provided that the owner of the
adjacent premises does not object to the minor's presence.
E. When returning home, by a direct route from (and within
30 minutes after the termination of) a school activity or an activity of a
religious or other voluntary association, provided that the minor shall, upon
request of any police officer, provide to such police officer a written statement
identifying:
(1) The school activity or other function which the minor
has attended.
(2) The location of the activity.
(3) The time of termination of the activity.
F. When the minor, with parental consent, is in a motor
vehicle and such motor vehicle is involved in bona fide interstate travel
through the Township or such interstate travel begins or ends in the Township.
It shall be a violation of this chapter for a parent having legal custody of a minor to knowingly permit or allow such minor to be or remain upon any Township street, public place or establishment within the Township between the hours specified in §
77-5 above.