[HISTORY: Adopted by the Council of the City
of Coatesville 6-27-1994 by Ord. No. 970-94. Amendments noted where
applicable.]
This chapter shall be known and may be cited
as the "Curfew Ordinance."
This chapter is an updating of the city curfew
ordinance, and in accordance with prevailing community standards,
prescribes regulations for the presence of minors on streets, in public
places and other locations in the city during certain hours, all for
the welfare and protection of minors, the furtherance of parental
responsibility and for public health, safety and welfare. Accordingly,
the City Council finds as follows:
A.
A curfew can reduce the extant problem of juvenile
delinquency by regulating the hours during which minors may remain
in public streets, places and certain establishments without adult
supervision.
B.
A curfew meets a local need of the city and has over
the years been a significant factor in minimizing juvenile delinquency
and disorderliness by imposing additional duties and responsibilities
upon the parents of minors.
C.
The City of Coatesville is a stable family community
in which parental responsibility for the whereabouts of minors is
the norm, and legal sanctions to enforce parental responsibility have
demonstrated their effectiveness over the years.
D.
As parental control increases, the likelihood of juvenile
delinquency decreases.
E.
There is a continuing need for the curfew and the
regulations attendant thereto as established by the following chapter.
A.
CITY
ESTABLISHMENT
KNOWINGLY
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
STREET
TIME
YEAR OF AGE
For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings set forth
hereinafter:
The City of Coatesville, Chester County, Pennsylvania, with
offices located at 1 City Hall Place, Coatesville, Pennsylvania.
Any privately owned place of business operated, any place
of amusement or entertainment to which the public is invited or any
nonprofit entity operating within the city.
Having actual knowledge and including such knowledge which
a parent should reasonably be expected to have, under all attendant
circumstances, concerning the whereabouts of a minor in that parent's
legal custody. It shall be no defense for purposes of this chapter
that a parent is indifferent to the activities or conduct or whereabouts
of a minor.
Any individual under the age of 18 years.
[Amended 9-11-1995 by Ord. No. 1001-95]
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment, and,
whenever used in any clause prescribing a penalty, the term "operator"
as applied to associations or partnerships shall include all members
or partners thereof and, as applied to corporations, shall include
the officers, thereof.
Any person having legal custody of a minor as:
Any public street (as defined herein) and all city parks,
playgrounds, public buildings or vacant lots located in the city,
whether such vacant lots are owned by the city or are owned privately.
To stay behind, to tarry and to stay unnecessarily upon the streets or in public places or establishments, including the congregating of groups totaling four or more persons, in which any minor involved would not be using the streets, public places or establishments for ordinary or serious purposes, such as mere passage or going home. To implement this definition with additional precision and precaution, numerous exceptions hereto are expressly contained in and defined in § 92-5 of this chapter.
A way or place of whatever nature, open to the use of the
public for purposes of vehicular travel or, in the case of sidewalk
thereof, for pedestrian travel. The term "street" as used herein includes
the legal right-of-way, including, but not limited to, the cartway
of traffic lanes, the curb and sidewalks (whether paved or unpaved)
and any grass plots or other grounds found within the legal right-of-way
of a street. For purposes of this chapter, "street" also applies to
ways the public is privileged to use over private property as long
as the owner thereof permits such public use (including, by way of
example but not limited to, sidewalks and grass plots open to public
use) and to parking areas of any types (including, by way of example
but not limited to, residential, municipal or commercial parking areas)
which are open to and available for public use whether or not accessed
by any street. In addition, the term "street" shall apply irrespective
of what it is named or was formerly named, whether "alley," "avenue,"
"court," "road," or otherwise, or whether it is maintained by the
city and irrespective of whether it is open to the public as a matter
of right.
The prevailing standard of time, whether Eastern Standard
Time or Eastern Daylight Savings Time, as observed at that hour (or
minute) by the public in the city; prima facie evidence of the "time"
for purposes of this chapter shall be the "time" actually observed
in the city's administrative offices or in the City of Coatesville
Police Department.
The age of an individual as established on the day of any
infraction alleged hereunder. For purposes of this chapter, the "year
of age" shall be the period of time between the previous birthday
of an individual and the next consecutive birthday (but not including
the day of such birthday) of an individual.
B.
When not inconsistent with the context, words used
in the present tense shall include the future, words in the plural
number shall include the singular, words in the singular number shall
include the plural and the masculine pronoun shall include the feminine
pronoun. The word "shall" as used hereinafter is to be construed as
mandatory and not directory.
[Amended 9-11-1995 by Ord. No. 1001-95; 8-8-2005 by Ord. No. 1253-2005; 6-25-2007 by Ord. No. 1287-2007; 10-13-2008 by Ord. No. 1310-2008; 2-9-2009 by Ord. No. 1321-2009; 9-27-2010 by Ord. No. 1338-2010]
It shall be unlawful for any person under the
age of 18 to remain in or upon any street, public place or establishment
in the City between 9:00 p.m. prevailing time and 6:00 a.m. prevailing
time, Sunday through Thursday, and between 10:00 p.m. prevailing time
and 6:00 a.m. prevailing time, Friday and Saturday, except when the
curfew hours established hereunder are temporarily suspended or modified
by proclamation of the City Council of the City of Coatesville. In
addition, for those children under the age of 12, the foregoing prohibition
against remaining in or upon any street, public place or establishment
in the City shall be effective between 9:00 p.m. prevailing time and
6:00 a.m. prevailing time Sunday through Saturday.
In the following cases, a minor remaining on a public street, public place or in an establishment during the hours set forth in § 92-4 above, shall not be considered to be in violation of this chapter:
B.
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. Any minor desiring to
avail himself or herself of the provisions of this exception shall
establish the validity of such exercise by first delivering to the
City Police Department a letter, dated and signed by the minor and
a parent of the minor, containing the following information:
(1)
The minor's name.
(2)
The minor's age.
(3)
The minor's address.
(4)
The minor's telephone number.
(5)
The parents' name.
(6)
The parents' address.
(7)
The parents' telephone number.
(8)
A statement specifying when, where and in what manner
the minor will be in or on the streets, a public place or an establishment
(during the hours when this chapter is otherwise applicable) in the
exercise of the First Amendment rights specified in the letter.
C.
In the case of reasonable necessity, provided that
the minor's parents shall have first delivered to the City Police
Department a written notice stating:
(1)
The facts establishing the reasonable necessity.
(2)
A description of the specified streets, public place
or establishment at designated times for a described purpose, including
points of origin and destination.
(3)
The written notice has been countersigned and dated
by the Chief of the City of Coatesville Police Department (or other
police officer authorized by the Chief to sign such notices).
D.
When the minor is on the sidewalk of the minor's place
of residence, or on the sidewalk of any premises immediately adjacent
to the premises in which the minor resides, provided that the owner
of the adjacent premises does not object to the minor's presence.
E.
When returning home, by a direct route from (and within
30 minutes after the termination of) a school activity or an activity
of a religious or other voluntary association, provided that the minor
shall, upon request of any police officer, provide to such police
officer a written statement identifying:
F.
When the minor is employed and carries a card signed
by the minor's employer, dated (or issued) not more than 45 days previous
to the date shown on such card. Such card shall:
G.
When the minor, with parental consent, is in a motor
vehicle and such motor vehicle is involved in bona fide interstate
travel through the city or such interstate travel begins or ends in
the city.
A.
It shall be a violation of this chapter for the operator (or their agents or employees) of any establishment to knowingly permit any minor to remain upon the premises of the establishment during the hours specified in § 92-5 hereof.
B.
Each violation of the provisions of this subsection
shall constitute a separate offense.
A.
Any police officer, upon finding or having attention
called to the presence of any minor on the streets, in public places
or establishments of the city in prima facie violation of the provisions
of this chapter shall immediately obtain from the minor the minor's:
B.
Upon obtaining this information, and in order to safeguard
the person of the minor, the police officer shall take the minor to
the City of Coatesville Police Department and shall immediately notify
the parent or parents of the minor and instruct the parent or parents
to come to the City of Coatesville Police Department and take custody
of the minor. Upon the arrival of the parent or parents at the City
of Coatesville Police Department, the minor shall be released to the
custody of the parent or parents after a written copy of the violation
has been issued to them.
[Amended 11-9-1998 by Ord. No. 1089-98]
C.
If a parent cannot be located, or fails to take charge
of the minor, then the minor shall be released to the juvenile authorities
of Chester County, except that the minor may temporarily be entrusted
to a relative, neighbor or other person who will, on behalf of the
minor's parent, assume the responsibility of caring for the minor
pending the availability or arrival of the minor's parent.
D.
In the case of a first violation of this chapter by a minor, and the parents did not make contact with the Coatesville Police Department to receive the written copy of the violation, the Chief of the Coatesville Police Department shall within 72 hours after the time of the taking of the minor into custody send to the minor's parents by certified mail, return receipt requested, a written notice of the violation of the provisions of this chapter, accompanied by a written warning that any subsequent violation will result in full enforcement of the provisions of this chapter, including enforcement of the parental responsibility provision of § 92-6 and the penalties contained in § 92-8.
[Amended 11-9-1998 by Ord. No. 1089-98]
E.
If, after the written warning notice sent pursuant to Subsection D above of a first violation by a minor, a parent violates the provisions of this chapter, such violation shall be treated as a first offense by the parent. For such offense, the parent, upon conviction thereof, shall be sentenced to pay a fine of not less than $250, and not more than $500, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. As an alternative or in addition to a sentence to pay such fine and costs, such parent may be sentenced to complete community service in the City of Coatesville, in a community service program offered by the Police Department or other appropriate agency, organization or program, for a minimum of 25 hours and a maximum of 40 hours of community service. In default of payment of such fine and costs, or satisfactory completion of said community service, the parent shall be sentenced to a term of imprisonment for a term of at least two days and not to exceed 30 days. Such sentence shall be in addition to any sentence of imprisonment originally imposed for such offense. For each subsequent violation, the parent, upon conviction thereof, shall be sentenced to pay a fine of not less than $500, and not more than $1,000, together with costs of prosecution, or to imprisonment for a term not to exceed 30 days. As an alternative or in addition to a sentence to pay such fine and costs, such parent may be sentenced to complete community service in the City of Coatesville, in a community service program offered by the Police Department or other appropriate agency, organization or program, for a minimum of 40 hours and a maximum of 80 hours of community service. In default of payment of such fine and costs, or satisfactory completion of said community service, the parent shall be sentenced to a term of imprisonment for a term of at least five days and not to exceed 30 days. Such sentence shall be in addition to any sentence of imprisonment originally imposed for such offense.
[Amended 10-13-2008 by Ord. No. 1311-2008]
F.
Any minor who violates any provision of this chapter
more than three times within a one-year period shall be referred to
the appropriate county or state entity established pursuant to the
provisions of the Act of July 9, 1976, P.L. 586, No. 142, Section
2, et seq., as amended (42 Pa.C.S.A. § 6301 et seq.), i.e.,
the Juvenile Act, for disposition.
G.
Any operator of an establishment and any agents or
employees of that operator who violate the provisions of this chapter
shall, upon conviction thereof, be sentenced to pay a fine of not
more than $500, together with costs of prosecution, or to imprisonment
for a term not to exceed 30 days, or both.
