[HISTORY: Adopted by the Borough Council of the Borough of Mount
Oliver at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Amendments noted where applicable.]
GENERAL REFERENCES
Curfew during state of emergency — See Ch. 101.
This chapter shall be known and may be cited as the "Curfew Ordinance."
A.
This chapter is an updating of the Borough Curfew Ordinance
of 1966 prescribing, in accordance with prevailing community standards, regulations
for the conduct of minors on streets at night, effectively enforced, taught
in the homes, internalized and adhered to for generations, all for the good
of minors, for the furtherance of family responsibility and for the public
good, safety and welfare.
B.
The Council finds that the curfew meets a very real local
need, has been, over the years, a significant factor in minimizing juvenile
delinquency and should be updated and amplified in the light of Mount Oliver's
local situation and facts.
A.
BOROUGH
MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
YEAR OF AGE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given herein:
The Borough of Mount Oliver, Allegheny County, Pennsylvania, with
administrative offices at 150 Brownsville Road, Pittsburgh, Pennsylvania 15210.
Any person under the age of eighteen (18) or, in equivalent phrasing
often herein employed, any person seventeen (17) or fewer years of age.
Any person having legal custody of a minor:
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four (4) or more persons, in which any minor involved would not be using the streets for ordinary or serious purposes, such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 92-5. More and more exceptions become available with increasing years as appropriate in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain" found constitutional in Baker v. Borough of Steelton, 17 Dauph. 17 (1912).
A way or place, of whatever nature, open to the use of the public
for purposes of vehicular travel or, in the case of a sidewalk thereof, for
pedestrian travel. The term "street" includes the legal right-of-way, including
but not limited to the cartway of traffic lanes, the curb, the sidewalks,
whether paved or unpaved, and any grass plots or other grounds found within
the legal right-of-way of a street. The term "street" also applies, for curfew
purposes, to ways the public is privileged to use over private property so
long as the owner permits, including sidewalks and grassplots similarly open
at the time to public use, and to parking areas of any type (residential,
municipal or commercial) open to public use or from such "street" or any type
of street. The term "street" applies irrespective of what it is called or
formally named, whether alley, avenue, court, road or otherwise, or whether
it is maintained by the borough and irrespective of whether it is open to
the use of the public as a matter of right.
Based upon the prevailing standard of time, whether Eastern standard
time or Eastern daylight saving time, generally observed at that hour by the
public in the borough, prima facie the time then observed in the borough administrative
offices and police station.
Continues from one birthday, such as the seventeenth, to (but not
including the day of) the next, such as the eighteenth birthday, making it
clear that seventeen (17) or fewer years of age is herein treated as equivalent
to the phrase "under eighteen (18) years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken thought
that eighteen-year-olds might be involved. Similarly, for example, eleven
(11) or fewer years of age means "under twelve (12) years of age."
B.
When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include the
singular, and words in the singular number include the plural. The word "shall"
is always mandatory and not merely directory.
It shall be unlawful for any person seventeen (17) or fewer years of
age [under eighteen (18)] to be or remain in or upon the streets within the
Borough of Mount Oliver at night during the period ending at 6:00 a.m. and
beginning:
A.
In the following exceptional cases, a minor on a street within the borough during the nocturnal hours for which § 92-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
(1)
When accompanied by a parent of such minor.
(2)
When accompanied by an adult authorized by a parent of
such minor to take said parent's place in accompanying said minor for a designated
period of time and purpose within a specified area.
(3)
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. Such minor shall evidence the bona fides
of such exercise by first delivering to communications center personnel at
the Borough Municipal Building at 150 Brownsville Road, where and by whom
high priority messages to the Mayor are regularly received, a written communication
signed by such minor and countersigned, if practicable, by a parent of such
minor, with their home address and telephone number, addressed to the Mayor
of the borough specifying when, where and in what manner said minor will be
on the streets at night (during hours when this chapter is otherwise applicable
to said minor) in the exercise of a First Amendment right specified in such
communication.
(4)
In case of reasonable necessity, but only after such
minor's parent has communicated to the borough police station personnel the
facts establishing such reasonable necessity, relating to specified streets
at a designated time for a described purpose, including points of origin and
destination. A copy of such communication or of the police record thereof,
duly certified by the Chief of Police to be correct, with an appropriate notation
of the time it was received and of the names and address of such parent and
minor shall be admissible evidence.
(5)
When the minor is on the sidewalk of the place where
such minor resides or on the sidewalk of either next-door neighbor not communicating
an objection to the police officer.
(6)
When returning home, by a direct route from [and within
thirty (30) minutes of the termination of] a school activity or an activity
of a religious or other voluntary association of which prior notice, indicating
the place and probable time of termination, has been given in writing to and
duly filed for immediate reference by the Chief of Police or the officer assigned
by him on duty at the police station, thus encouraging (here as in other exceptional
situations) conduct on the part of minors involved in such activities and
striking a fair balance for any somewhat conflicting interests.
(7)
When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows. When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, then recourse may be had to the Mayor of the borough, either for a regulation as provided in Subsection A(8) or for a special permit as the circumstances warrant. Upon the Mayor's finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 161 P. 2d 498, 502 - 503, Cal. App. 1945), signed by a minor and by a parent of such minor, if feasible, stating the name, age and address of such minor; the name, address and telephone number of a parent thereof; the height, weight, sex, color of eyes and hair and other physical characteristics of such minor; the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable; and the street or route and the beginning and ending of the period of time involved by date and hour, the Mayor may grant a permit, in writing, for the use by such minor of such streets at such hours as, in the Mayor's opinion, may reasonably be necessary. In an emergency, this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously, either to the Mayor or, if unavailable, to the police officer authorized by the Mayor to act on his behalf in an emergency at the police station.
(8)
When authorized by regulation issued by the Mayor, in
other similar cases of reasonable necessity, similarly handled but adapted
to necessary nighttime activities of more minors than can readily be dealt
with on an individual special permit basis. Normally such regulation by the
Mayor permitting use of the streets should be issued sufficiently in advance
to permit appropriate publicity through news media and through other agencies
such as the schools and shall define the activity, the scope of the use of
the streets permitted, the period of time involved, not to extend more than
thirty (30) minutes beyond the time for termination of such activity, and
the reason for finding that such regulation is reasonably necessary and is
consistent with the purposes of this chapter.
(9)
When the minor carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated or
reissued not more than forty-five (45) days previously, signed by the Chief
of Police and briefly identifying the minor, the addresses of his home and
of his place of employment and his hours of employment.
(10)
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. From excess of caution, this clearly
exempts bona fide interstate movement through Mount Oliver, particularly on
normal routes. This also exempts interstate travel beginning or ending
in Mount Oliver.
(11)
When the minor is seventeen (17) years of age, if and
when the Mayor shall have determined by formal rule first reported to the
Borough Council, spread upon its minutes and so reported in the press, finding
the facts as to the extent (minimal) of juvenile delinquency in such age group
permitting such rule, currently, in the best interest of said minors and of
the borough, then the Mayor, by such formal rule, covering a period of time
designated therein or until rescission thereof, not exceeding one (1) year
from the date thereof, may take appropriate action excepting designated minors,
minors in a defined group or area or all minors (as the current facts may
warrant) seventeen (17) years of age at the date or attaining seventeen (17)
years of age during the period that such formal rule is and remains in effect.
B.
Each of the foregoing exceptions and their several limitations,
such as provisions for notification, are severable as hereinafter provided
but here re-emphasized; and additional, also severable, exceptions, broadening
with the progress toward maturity of minors enrolled respectively in elementary,
junior high and high schools, will be considered by the Council as warranted
by future experience illuminated by the views of student government associations;
school personnel; citizens; associations; ward, precinct and neighborhood
spokesmen; parents; officers; and persons in authority concerned positively
with minors as well as with juvenile delinquency.
It shall be unlawful for a parent having legal custody of a minor knowingly
to permit or by inefficient control to allow such minor to be or remain upon
any street within the borough under circumstances not constituting an exception
to or otherwise beyond the scope of this chapter. The term "knowingly" includes
knowledge which a parent should reasonably be expected to have concerning
the whereabouts of a minor in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It shall, a
fortiori, be no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
A.
A policeman of the borough, upon finding or having attention
called to any minor on the streets in prima facie violation of this chapter,
normally shall take the minor to the borough police station, where a parent
shall immediately be notified to come for such minor, whereupon they shall
be interrogated. This is intended to permit ascertainment, under constitutional
safeguards, of relevant facts and to centralize responsibility in the Sergeant
there and then on duty for accurate, effective, fair, impartial and uniform
enforcement and recording, thus making available experienced supervisory personnel,
the best of facilities and access to information and records. In the absence
of convincing evidence, such as a birth certificate, a policeman on the street
shall, in the first instance, use his best judgment in determining age.
B.
Police procedures shall constantly be refined in the
light of experience and may provide, inter alia, that the policeman may deliver
to a parent thereof a minor under appropriate circumstances, for example a
minor of tender age near home whose identity and address may readily be ascertained
or are known.
C.
In any event, such policeman shall, within twenty-four
(24) hours, file a written report with the Chief of Police or shall participate,
to the extent of the information for which he is responsible, in the preparation,
by himself and the Sergeant involved in such case, and in the filing of such
report within twenty-four (24) hours.
D.
When a parent, immediately called, has come to take charge
of the minor and the appropriate information has been recorded, the minor
shall be released to the custody of such parent. If the parent cannot be located
or fails to take charge of the minor, then the minor shall be released to
the juvenile authorities, except to the extent that in accordance with police
regulations approved in advance by juvenile authorities, the minor may temporarily
be entrusted to a relative, neighbor or other person who will, on behalf of
a parent, assume the responsibility of caring for the minor pending the availability
or arrival of a parent.
E.
In the case of a first violation by a minor, the Chief
of Police shall, by certified mail, send to a parent written notice of said
violation with a warning that any subsequent violation will result in full
enforcement of this chapter, including enforcement of parental responsibility
and of applicable penalties.
Prevailing community standards and the real internalization thereof
or interpersonal sanctions therefor that, in practice, count for much as to
when minors should be off the streets, reflected in this chapter, are hereby
undergirded with the following legal sanctions:
A.
If, after the warning notice pursuant to § 92-7 of a first violation by a minor, a parent violates § 92-6 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense, a parent shall be fined twenty-five dollars ($25.), and for each subsequent offense by a parent, the fine shall be increased by an additional twenty-five dollars ($25.) [e.g., fifty dollars ($50.) for the second, seventy-five dollars ($75.) for the third offense]. The District Justice, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Allegheny County for a period not exceeding ten (10) days.
B.
Any minor who shall violate any of the provisions of
this chapter more than three (3) times shall be reported by the Mayor to a
society or organization whose purpose it is to take charge of incorrigibles
and delinquents, and proceedings shall then be taken, under the Juvenile Act,
42 Pa.C.S.A. § 6301 et seq., before the juvenile court for the treatment,
supervision and rehabilitation of such minor.
C.
A like procedure before the juvenile authorities shall
be followed in any case where the imposing of a fine or fines upon a parent
shall not be effective or where, for any other reason, the provisions of this
chapter cannot be made effective by the imposing of penalties under this section.
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 thereof to any person or circumstance 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. From excess of caution, the Mayor is authorized to give
advisory opinions, in writing or immediately reduced to writing, which shall
be binding and shall be adhered to by the police until this chapter is amended
in such respect, interpreting terms, phrases, parts or any provisions. Normally
such advisory opinions shall be in response to good faith, signed letters,
addressed to him at the borough administration building, questioning as ambiguous,
as having a potentially chilling effect on constitutional rights specifically
invoked or as otherwise invalid, in all three (3) categories with respect
to proposed conduct definitely described. This administrative remedy must
be exhausted prior to presenting to any court a question in any of said three
(3) categories. The Borough Council does not intend a result that is absurd,
impossible of execution or unreasonable. It is intended that this chapter
be held inapplicable in such cases, if any, where its application would be
unconstitutional. A constitutional construction is intended and shall be given.
The Council does not intend to violate the Constitution of the Commonwealth
of Pennsylvania or the Constitution of the United States of America.
The Borough Council will continue its evaluation and updating of this
chapter.
A.
Accordingly, there shall be compiled and informally reported
to the Borough Council through effective channels (such as the normal monthly
distribution by the Borough Manager and Borough Secretary to each Councilman,
the Mayor and the Borough Solicitor of noteworthy material) all exceptional
cases hereunder of reasonable necessity, the notices of school and other activities,
the Mayor's special permits and the Mayor's regulations hereinbefore authorized,
and the Mayor's advisory opinions, for consideration by the appropriate committee
and by the Borough Council in further updating and continuing evaluation of
this chapter.
B.
For the same reasons, as well as for the implementation
beyond these legal aspects of the basic purposes hereof, the Mayor and relevant
committees of the Borough Council through their respective Chairmen, in coordinated
efforts, shall work with existing and may organize voluntary groups and shall
stimulate volunteer leadership in programs of research and of action dealing
constructively, on neighborhood and local bases, with juvenile delinquency
and the prevention, control or containment thereof in all its ramifications
and with practicable steps toward the good life and a better life for minors
seventeen (17) or fewer years of age and with the working of this chapter,
community-wise and in individual cases, as one much needed legal tool toward
that end as well as for continuing present protection of minors and of other
persons and of property and other interests important to the welfare of the
people of the Borough of Mount Oliver.
