This chapter shall be known and may be cited
as the "Curfew Ordinance."
It shall be unlawful for any person 17 or fewer
years of age (under 18) to be or remain in or upon the streets within
the Township of Penn at night during the period ending at 6:00 a.m.
and beginning:
A. At 10:00 p.m. for minors 11 or fewer years of age.
B. At 10:30 p.m. for minors 12 or 13 years of age.
C. At 11:00 p.m. for minors 14 or more years of age.
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 township
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.
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 §
81-6 of a first violation by a minor, a parent violates §
81-5 (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 $25, and for each subsequent offense by a parent, the fine shall be increased by an additional $25. (e.g., $50 for the second, $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 county jail for a period not exceeding 10 days.
B. Any minor who shall violate any of the provisions
of this chapter more than three times shall be reported by the Board
of Commissioners 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 Board of Commissioners
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 township administration building, questioning as ambiguous,
as having a potentially chilling effect on constitutional rights specifically
invoked or as otherwise invalid, in all three 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 categories. The Board of Commissioners 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 Board does not intend
to violate the Constitution of the Commonwealth of Pennsylvania or
the Constitution of the United States of America.
The Board of Commissioners will continue its
evaluation and updating of this chapter.
A. Accordingly, there shall be compiled and informally
reported to the Board of Commissioners through effective channels
all exceptional cases hereunder of reasonable necessity, the notices
of school and other activities, special permits and regulations hereinbefore
authorized and advisory opinions for consideration by the appropriate
committee and by the Board of Commissioners 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 Board
of Commissioners and relevant committees of the Board of Commissioners,
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 17 or fewer years of age and with the working of this chapter,
communitywise 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 Township of Penn.