This chapter shall be known as the "City of Lancaster Curfew Ordinance."
The Council of the City of Lancaster, 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 City of Lancaster, promoting the
safety and welfare of the City's citizens under the age of 18 whose youth
and inexperience renders them particularly vulnerable to becoming participants
in criminal activity and in being victimized by perpetrators of crime, and
fostering and strengthening parental responsibility for children.
In this chapter the following definitions shall apply.
AFTER HOURS
The period of time between the hours of 10:00 p.m. and 6:00 a.m.
on Sunday through Thursday nights and 12:00 midnight and 6:00 a.m. on Friday
and Saturday nights.
ESTABLISHMENT
Any privately owned place of business operated for profit, including
any place of amusement or entertainment, to which the public is invited.
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 disaster, automobile
accidents or other similar circumstances.
MINOR
Any person less than 18 years of age. For the purpose of this chapter
any person shall be deemed to be 18 years of age on the date of his or her
18th birthday and not before this time.
OPERATOR
Any individual, firm, association, partnership or corporation owning,
operating, managing or conducting any establishment. Whenever used in any
provision prescribing a penalty, the word "operator" shall include the members,
partners, officers and managers of any firm, association, partnership or corporation.
PARENT
The biological or adoptive parent of a minor; a legal guardian; or
an adult person 21 years of age or over 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 public street, highway, road, alley, park, playground, vacant
lot or any private building, structure or area to which the public is invited
or in which the public is allowed to remain.
REMAIN
To be at or stay at a place.
It shall be unlawful for a minor to remain in or upon any public place
or to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon an establishment in the City of Lancaster after hours
except as follows:;
A. The minor is accompanied by a parent; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an activity, related to his or
her employment, or is going to or returning home from such activity, without
detour or stop; or
D. The minor is on the sidewalk directly abutting a place
where he or she resides with a parent; or
E. The minor is attending an activity sponsored by a school,
religious or civic organization, by a public organization or agency, or by
another similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without detour
or stop; or
F. The minor is on an errand at the direction of a parent,
and the minor has in his or her possession a writing signed by the parent
containing the following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number where the
parent may be reached during the errand, the name of the minor, a brief description
of the errand, the minor's destination(s) and the hours the minor is authorized
to be engaged in the errand; no minor or parent shall falsify the documents
described above; or
G. The minor is involved in interstate travel through or
beginning or terminating in the City of Lancaster; or
H. The minor is 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.
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under §
121-4 of this chapter. "Knowingly" shall mean knows or has reason to know.
No operator of an establishment shall knowingly permit any minor to
remain upon the premises of such establishment after hours.
The Chief of Police is hereby authorized, from time to time, to promulgate
such rules and regulations, including the extension of hours for special occasions,
as in his or her opinion shall be necessary or useful in the enforcement of
this chapter. Such rules and regulations shall, however, be subject to the
approval of the Council of the City of Lancaster.
Each violation of the provisions of this chapter shall constitute a
separate offense.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in §
121-4 applies.
A. Any minor or parent who violates the provisions of this
chapter for the first time may be issued a citation. The minor may be taken
into temporary custody, in which case his or her parents or other appropriate
person shall be notified and the minor shall be released into the custody
of the appropriate parent or parents of the minor or to a brother or sister
18 years of age or older. If no such person is available after reasonable
efforts have been made to locate such person, then the minor shall be released
to such agencies or institutions as are established for juvenile welfare.
B. Any minor or parent who violates any provisions of this
chapter is guilty of a summary offense and, upon conviction thereof, shall
be subject to fine or imprisonment as follows:
[Amended 6-28-2005 by Ord. No. 13-2005]
(2) Second offense: $100 to $150.
(3) Third offense: $150 to $200.
(4) Fourth offense: $200 to $300. Parents are subject to
imprisonment for up to 90 days and minors to referral to the juvenile court
system.
(5) Fifth and subsequent offenses: $300 to $500. Parents
are subject to imprisonment for up to 90 days and minors to referral to the
juvenile court system.
C. Any operator convicted of violating the provisions of
this chapter for the first time shall be fined $50 and shall be subject to
imprisonment for a term of not to exceed 90 days. Any operator convicted of
violating the provisions of this chapter for the second or subsequent time
shall be fined $300 and shall be subject to imprisonment for a term not to
exceed 90 days.
This chapter and the need for it shall be reviewed annually. By November
1, 2001, and each year thereafter, the Mayor and/or the Chief of Police of
the City of Lancaster shall review this chapter and report and make recommendations
to the Council of the City of Lancaster concerning the effectiveness of and
the continuing need for this chapter. The 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 Bureau of Police of the City of Lancaster.
B. The impact of this chapter and support programs on juvenile
crime statistics.
C. Number of juveniles taken into custody for curfew violations.
D. Number of official citizen complaints filed regarding
the enforcement of this chapter.
The provisions of this chapter are severable, and if any section, sentence,
clause, part or provision hereof shall be held to be illegal, invalid or unconstitutional
by any court of competent jurisdiction, such decision of the Court shall not
effect or impair the remaining sections, sentences, clauses, parts or provisions
of this chapter. It is hereby declared to be the intent of the Council of
the City of Lancaster, Lancaster County, Pennsylvania, that this chapter would
have been enacted if such illegal, invalid or unconstitutional section, sentence,
clause, part or provision had not been included herein.
Any and all ordinances or parts of ordinances inconsistent herewith
shall be and hereby are repealed.
This chapter shall become effective immediately.