[HISTORY: Adopted by the Borough Council of the Borough of Sayre 8-26-2002
by Ord. No. 813. Amendments noted where applicable.]
This chapter shall be entitled "An Ordinance of the Borough of Sayre,
Bradford County, Pennsylvania, Establishing a Curfew During Nocturnal Hours
for Minor Children Under the Age of 18 Years."
A.
It is hereby declared to be the policy of the Borough
of Sayre to minimize nocturnal crime, juvenile delinquency and criminal mischief
and to prevent the destruction and damage of both public and private property.
By this chapter, the Borough of Sayre seeks to promote the safety and general
welfare of the residents of the Borough of Sayre by prescribing, in accordance
with prevailing community standards, regulations concerning the presence of
minors on streets, roads, highways, establishments, or other public areas
of the Borough at night, all for the good of minors, for the furtherance of
family responsibility and for the public good, safety and welfare.
B.
Borough Council finds that a curfew for minors meets
a very local need and will be a significant factor in minimizing juvenile
delinquency. This chapter also takes into consideration the danger hours for
nocturnal crime and accumulations of minors with potential risks incident
to immaturity. Parental responsibility for the whereabouts of children is
the norm. Further, as parental control increases, the likelihood of juvenile
delinquency decreases. Therefore, the Borough of Sayre finds there is a need
for a nocturnal curfew for minors, to achieve under local conditions the purposes
herein stated.
C.
The Borough has the authority to arrest individuals in
violation of this chapter under 53 P.S. § 46121 of the Borough Code.
That statute provides that Borough police officers can arrest without a warrant
any and all persons guilty of breach of the peace, vagrancy, riotous or disorderly
conduct or drunkenness, or who may be engaged in the commission of any unlawful
act tending to imperil the personal security or endanger the property of the
citizens, or for violating any ordinance of the Borough for the violation
of which a fine or penalty is imposed, and notwithstanding any statute pertaining
to the same or similar offenses.
A.
BOROUGH or BOROUGH OF SAYRE
MINOR
PARENT
PUBLIC AREAS
REMAIN and LOITER
STREET, ROAD and HIGHWAY
TIME OF NIGHT and TIME OF MORNING
YEARS OF AGE
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
The Borough of Sayre, Bradford County, Pennsylvania.
Any person under the age of 18, or in equivalent phrasing often herein
employed, any person 17 or less years of age.
Any person having legal custody of a minor as a natural or adoptive
parent, as a legal guardian, as a person who stands in loco parentis or as
a person to whom legal custody has been given by court order.
Includes, but is not limited to, recreational and other places, whether
privately or publicly owned and open to the public, and those places visited
by many persons and accessible to the public.
To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, establishments, public parks or any other public area, including congregating in groups (or of interacting minors) in which any minor involved would not be using the streets, roads, highways, establishments, public parks or other public areas for ordinary or serious purposes such as mere passage or proceeding home. (To implement this definition with additional precision and precaution, numerous exceptions are expressly set forth in § 58-5 hereof so that this is not a mere prohibitory-type curfew local law.)
A way or place, of whatever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or, in the case of a
sidewalk thereof, for pedestrian travel. The terms "street" "road," and "highway"
include the legal right-of-way, including but not limited to traffic lanes,
curbs, sidewalks, whether paved or unpaved, and any grass plots or other ground
found within the legal right-of-way of a "street," "road" or "highway." The
terms "street," "road" and "highway" apply irrespective of what they are called
or formally named, whether an alley, avenue, court, drive, boulevard or otherwise.
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.
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 17 or
less years of age is herein treated as equivalent to the phrase "under 18
years of age."
B.
The word "shall" is mandatory, the word "may" is permissive.
It shall be unlawful and a violation of this chapter for any person
17 or less years of age (under 18) to be or loiter or remain in or upon the
streets, roads, highways or other public areas within the Borough of Sayre
at night during the following periods of time.
A.
Week nights when school is in session, which shall consist
of that time beginning at 11:00 p.m. on Sunday, Monday, Tuesday, Wednesday
or Thursday night through 6:00 a.m. on the following morning.
B.
Week nights when school is not in session, which shall
consist of that time beginning at 12:00 midnight on Sunday, Monday, Tuesday.
Wednesday or Thursday night through 6:00 a.m. on the following morning of
the day when school is not in session.
C.
Weekends, which shall consist of that time beginning
at 12 midnight on Friday or Saturday night through 6:00 a.m. on the following
morning.
In the following exception cases, a minor on or upon a Borough street, road, highway, establishment or other public areas during the nocturnal hours for which § 58-4 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:
A.
When the minor is on the sidewalk abutting the minor's
residence, and either next door neighbor has not communicated an objection
to a police officer.
B.
When the minor is traveling in a direct route to or from
his or her residence to or from his or her place of employment and carries
a signed statement from the employer briefly identifying the minor, the address
of the minor's residence, the name and address of the minor's place
of employment, the name and title of the minor's employer who signed
the statement and the minor's hours of employment.
C.
When the minor is traveling in a direct route to or from
his or her residence to or from an adult-supervised or adult-sponsored religious,
school, civic, recreational or entertainment activity or adult-supervised
or adult-sponsored organized dance.
D.
When the minor, while a bona fide member of a volunteer
fire department or organization, is traveling in a direct route to or from
his or her residence to or from the scene of a fire or other fire department
authorized emergency incident and carries an authentic membership card denoting
the minor's active membership in that volunteer fire department or organization.
E.
When the minor is attending or traveling in a direct
route to or from his or her residence to or from an assembly involving the
exercise of First Amendment rights protected by the Constitution of the United
States of America.
F.
When the minor is accompanied by his or her parent or
guardian.
G.
When the minor is accompanied by an adult authorized
by the parent or guardian of the minor.
H.
When the minor is upon an emergency errand.
A.
It shall be unlawful and a violation of this chapter
for a parent, as defined herein, having legal custody of a minor, knowingly
to permit or by inefficient control to allow such minor to be or remain or
loiter upon any street, road, highway, establishment, public park or other
public areas of the Borough under circumstances not constituting an exception
to, or otherwise beyond the scope of this chapter.
B.
The term "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the location or 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 be no defense
that a parent was completely indifferent to the activities or conduct or whereabouts
of such minor.
Any police officer who finding or having attention called to any minor on or upon the streets, roads, highways, establishments, public parks, or any other public areas of the Borough in prima facie violation of the provisions of § 58-4, Hours of establishment shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:
A.
Shall obtain information from such minor as to his or
her name, address, age, and the name of his or her parent or parents; and
B.
Instruct the minor to proceed to his or her home forthwith;
or
C.
Transport the minor to his or her home forthwith; or
D.
Transport the minor to the appropriate police station, where without unnecessary delay, the officer or a superior officer may issue a citation. The officer shall immediately notify the parent, guardian or other custodian of the minor's whereabouts. When a parent, guardian or other custodian arrives at the station, the minor will be released to the custody of said parent, guardian or other custodian, who shall thereupon be issued written notice that the minor has violated the provisions of § 58-4. If a parent or guardian or custodian cannot be located within a reasonable time, the minor may be released, unless other action is warranted under and pursuant to the pertinent provisions of the Juvenile Act (42 Pa. C.S.A. § 6301 et seq.).
A parent or guardian or operator who violates this chapter shall, upon
the first violation, be issued a warning notice; upon the second violation,
be subject to a fine of not more than $25; upon the third violation, be subject
to a fine of not more than $100; upon the fourth violation and every offense
thereafter, be subject to a fine of not more than $300.
