Township of Derry, PA
Mifflin County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Derry 12-19-2005 by Ord. No. 2005-6. Amendments noted where applicable.]
This chapter should be known as the "Derry Township Curfew Ordinance."
The purpose of this chapter is to establish certain hours of the day during which children under the age of 16 years are not to be in a public place or outdoors at a place not owned or leased by a parent, guardian, or adult person then having temporary custody of said children under the age of 16 years or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said children under the age of 16 years, unless accompanied by a parent, guardian or adult person then having temporary custody of said children under the age of 16 years or to whom the parent or legal guardian has expressly or impliedly entrusted the temporary care or charge of said children under the age of 16 years. The curfew hereby established is in order to protect younger children, specifically those children who are under the age of 16 years, during nighttime hours, to reduce mischief by children under the age of 16 years, and to assure the health, safety and welfare of children under the age of 16 years by mandating that said children are in the care, custody and control of a parent, guardian, or adult person then having temporary custody of said children under the age of 16 years or to whom the parent or guardian has expressly or impliedly entrusted the temporary care or charge of said children under the age of 16 years, to require adults to assume responsibility for the care and safety of children under the age of 16 years then in their care or charge and to otherwise provide for the health, peace and safety of children under the age of 16 years and the residents of the Township of Derry.
The following terms shall have the meaning set forth hereinafter for purposes of this chapter:
ADULT
A person 18 years of age or older.
CHILD or CHILDREN
A person less than 18 years of age.
CURFEW PERIOD
The time during which, per this chapter, children under the age of 16 years are enjoined and required to withdraw from public places or the outdoors at a place not owned or leased by a parent, guardian, or adult person then having temporary custody of said children under the age of 16 years or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said children under the age of 16 years.
OFFICIAL TIME
The time then prevailing, be it Eastern standard time or daylight savings time.
PUBLIC PLACE
Any public street, highway, road, alley, park, public sidewalk, public playground, public building or a vacant lot.
The curfew period for children under the age of 16 years within the Township of Derry, Mifflin County, Pennsylvania, shall begin at 10:30 p.m. each night and shall continue until 5:00 a.m. on the immediately following morning, at which time it will end.
The time when the curfew period begins under § 102-4 of this chapter may be suspended by the Chairman of the Board of Supervisors of the Township of Derry after formal action duly taken by the Board of Supervisors of the Township of Derry on a day when there is an evening school event, an evening civic event, an evening public event or the like during which, in the opinion of the Board of Supervisors of the Township of Derry, acting through the Chairman of the Board of Supervisors, it is deemed reasonable to suspend or delay the beginning time of the curfew period. In such cases, if the time in which the curfew period is to begin is suspended or delayed, the curfew period shall begin 1/2 hour after the concluding time of the event, which concluding time of the event shall be publicly announced by the Chairman of the Board of Supervisors at the time that he or she proclaims the suspension or delay of the curfew period. Due notice of the suspension or delay of the curfew period shall be given, in writing, to the Chief of the Police Department at the time of the public announcement thereof.
As a public service or accommodation, the Township of Derry may cause or arrange for a warning whistle to be sounded, such as a fire whistle or the like, 1/2 hour prior to the beginning of the curfew period. If the beginning of the curfew period is suspended or delayed as per § 102-5 of this chapter, the warning whistle shall be sounded at the concluding time of the event as announced by the Chairman of the Board of Supervisors of the Township of Derry at the time of the public announcement of the suspension or delay of the curfew period. Nonetheless, failure of the Township of Derry to cause or arrange for a warning whistle to sound or otherwise the failure of a warning whistle to sound shall not delay the beginning of the curfew period.
It shall be the duty of every parent, guardian, or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of a child under the age of 16 years to ensure that during the curfew period the child is not to be at any public place or outdoors within the Township of Derry at a place which is not owned or leased by that parent, guardian, or adult person then having temporary custody of said child under the age of 16 years, or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years (whether on foot, on a means of transport such as a bicycle, or the like, or in a motor vehicle), unless:
A. 
The child under the age of 16 years is accompanied by a parent, guardian, or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years; or
B. 
The child under the age of 16 years (or the parent, guardian, or adult person then having temporary custody of the child under the age of 16 years or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years) has a reason which is believed by a police officer to be a justification for the child under the age of 16 years being at such place and at such time not otherwise permitted per § 102-4 and otherwise per this chapter (the reason being such that a person of ordinary intelligence and prudence with an understanding of common everyday affairs and events would deem to be a justification).
A. 
Should a police officer find that a child under the age of 16 years is outdoors within the Township of Derry at a place which is not owned or leased by a parent, guardian, or adult person then having temporary custody of said child under the age of 16 years or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years or at a public place during the curfew period and determine that there has been a violation of this chapter, the police officer shall deliver (or make arrangements to deliver) the child under age of 16 years to the parent, guardian, or adult person then having temporary custody of said child under the age of 16 years or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, and shall maintain a record of the violation. Should the police officer not be able to contact or locate the parent, guardian, or adult person then having temporary custody of said child under the age of 16 years or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, or if it is determined that it is not reasonable or practical to contact or locate the parent, guardian, or adult person then having temporary custody of said child under the age of 16 years or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, the police officer may deliver or release the child under the age of 16 years to a relative or to a friend of the child who is 18 years of age or older and whom the police officer reasonably determines to be a responsible adult person.
B. 
Within seven days after the violation, a copy of the report of the violation and a statement of the number of prior reports of violation involving the same child under the age of 16 years shall be mailed by United States Mail, first-class, postage prepaid, or hand delivered by a police officer to the parent, guardian, or other adult person who has legal custody of said child under the age of 16 years or charge of the child under the age of 16 years. The Police Department shall note on the report of the violation kept at the Police Department the following:
(1) 
The fact that a copy of the report of violation has been mailed or hand delivered to the parent, guardian, or other adult person who has legal custody or charge of the child under the age of 16 years and the name and address of the person to whom it was mailed or hand delivered; and
(2) 
The date of mailing and post office where mailed or the date, time and place of hand delivery of a copy of the report and to whom it was delivered, as applicable.
C. 
A record of the report(s) of violation(s) in relation to this chapter shall be maintained by the Police Department in a log book, a file or file system, or other like recordkeeping and record retention system (such as a computerized police administration or management software program or system or the like) for recording, maintaining and tracking reports of curfew violations.
D. 
A police officer shall require positive proof of age or, in default thereof, shall use his discretion in determining age of the child until such time as positive proof of age is provided.
A. 
Upon two reports of violations being on file with the Police Department, as per § 102-8 aforesaid, in relation to the same child, the second and each and every subsequent violation shall be a summary offense and each violation shall constitute a separate offense. A citation or a summary offense complaint, as applicable, may be filed with the Magisterial District Judge:
(1) 
Against the parent, guardian or other person having legal custody of the child under the age of 16 years or who was in charge of the child under the age of 16 years at the time of the second or any subsequent violation; and/or
(2) 
Against the child under the age of 16 years, if, at the time of the second or subsequent violation, the child was 13 years of age or older.
B. 
Upon conviction of a violation under the provisions of this chapter, the parent, guardian or other person having legal custody or charge of the child under the age of 16 years shall be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment of said fine and costs, shall be sentenced to imprisonment for a term not to exceed 90 days.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Upon conviction of a violation under the provisions of this chapter, the child under the age of 16 years convicted of the offense shall be sentenced to pay a fine of not more than $50 and the costs of prosecution.
D. 
In addition to or in lieu of any fine imposed under this section, the Magisterial District Judge, as applicable, may order that the parent, guardian or other person having legal custody or charge of the child to perform community service and, also, may order the child under the age of 16 years to perform community service.