For the purpose of this Curfew Chapter, the
following terms, phrases and words and their derivation shall have
the meanings given herein:
BOROUGH
The Borough of Wilkinsburg, Allegheny County, Pennsylvania,
with administrative offices at 605 Ross Avenue, Wilkinsburg, Pennsylvania
15221.
MINOR
Any person under the age of eighteen (18), or, in equivalent
phrasing often herein employed, any person seventeen (17) or fewer
years of age.
PARENT
Any person having legal custody of a minor:
A.
As a natural or adoptive parent.
C.
As a person who stands in loco parentis.
D.
As a person to whom legal custody has been given
by order of court.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the
streets, including congregating in 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.
STREET
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 a 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 grass plots 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.
TIME OF NIGHT
Based upon the prevailing standard of time, whether Eastern
standard time or Eastern standard daylight saving time, generally
observed at that hour by the public in the borough, prima facie at
the time when observed in the borough administrative offices and police
station.
YEAR OF AGE
Continues from one birthday, such as the 17th, to (but not
including the day of) the next, such as the 18th 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."
It shall be unlawful for any person seventeen
(17) or fewer years of age [under age eighteen (18)] to be or remain
in or upon the streets, alleys, parks, athletic fields, business places
or any other public places within the Borough of Wilkinsburg between
the hours of 10:30 p.m. and 6:00 a.m. the following day, except that
on Fridays and Saturdays the hours shall be from 11:30 p.m. to 6:00
a.m. the following days.
In the following exceptional cases, a minor on the street within the borough during the nocturnal hours, for which §
131-2 is intended to provide the maximum limits of regulation and a clear general guide for minors, their parents or custodian, and their fellow citizens, shall not, however, be considered in violation of the curfew chapter:
A. When such minor is accompanied by a parent, guardian
or other person having legal custody of such minor.
B. 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.
C. When such minor is going directly home from a school,
church or borough-sponsored activity.
D. When such minor is engaged in gainful lawful employment
during the curfew hours or is traveling to or from such employment.
It shall be unlawful for a person having legal
custody of a minor knowingly to permit or, by insufficient 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 the curfew ordinance. The term "knowingly" includes
knowledge which a person should reasonably be expected to have concerning
the whereabouts of a minor in that person's legal custody. It is intended
to continue to keep neglectful or careless parents or custodians up
to a reasonable community standard of parental responsibility through
an objective test. It shall be no defense that a parent or custodian
was completely indifferent to the activities or conduct or whereabouts
of such minor.
Each violation of the provisions of this chapter
shall constitute a separate offense. Any minor who shall violate any
of the provisions of this chapter more than three times shall be reported
by the Police Department to the appropriate juvenile authorities.