[HISTORY: Adopted by the Board of Commissioners
of the Township of Penn at time of adoption of Code (see Ch. 1, General
Provisions, Art. I). Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Curfew Ordinance."
A.
MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
TOWNSHIP
YEAR OF AGE
For the purposes of this chapter, the following terms,
phrases, words and their derivations shall have the meanings given
herein:
Any person under the age of 18 or, in equivalent phrasing
often herein employed, any person 17 or fewer years of age.
Any person having legal custody of a minor:
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four 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. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 81-4. More and more exceptions become available with increasing years as appropriate in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain," found constitutional in Baker v. Borough of Steelton, 17 Dauph. 17 (1912).
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 the 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 township and irrespective
of whether it is open to the use of the public as a matter of right.
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 township, prima facie the time then
observed in the township administrative offices and police station.
The Township of Penn, Westmoreland County, Pennsylvania.
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 fewer years of age is herein treated as equivalent
to the phrase "under 18 years of age," the latter phrase in practice,
unfortunately, having confused a number of persons into the mistaken
thought that eighteen-year-olds might be involved. Similarly, for
example, 11 or fewer years of age means "under 12 years of age."
B.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural number
include the singular, and words in the singular number include the
plural. The word "shall" is always mandatory and not merely directory.
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.
In the following exceptional cases, a minor on a street within the township during the nocturnal hours for which § 81-3 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:
(1)
When accompanied by a parent of such minor.
(2)
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.
(3)
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. Such minor shall evidence
the bona fides of such exercise by first delivering to communications
center personnel at the township offices, where and by whom high priority
messages to the Board of Commissioners are regularly received, a written
communication, signed by such minor and countersigned, if practicable,
by a parent of such minor, with their home address and telephone number,
addressed to the Board of Commissioners of the township, specifying
when, where and in what manner said minor will be on the streets at
night (during hours when this chapter is otherwise applicable to said
minor) in the exercise of a First Amendment right specified in such
communication.
(4)
In case of reasonable necessity, but only after such
minor's parent has communicated to the township police station personnel
the facts establishing such reasonable necessity, relating to specified
streets at a designated time for a described purpose, including points
of origin and destination. A copy of such communication or of the
police record thereof, duly certified by the Chief of Police to be
correct, with an appropriate notation of the time it was received
and of the names and address of such parent and minor, shall be admissible
evidence.
(5)
When the minor is on the sidewalk of the place where
such minor resides or on the sidewalk of either next-door neighbor
not communicating an objection to the police officer.
(6)
When returning home, by a direct route from (and within
30 minutes of the termination of) a school activity or an activity
of a religious or other voluntary association of which prior notice,
indicating the place and probable time of termination, has been given
in writing to and duly filed for immediate reference by the Chief
of Police or the officer assigned by him on duty at the police station,
thus encouraging (here as in other exceptional situations) conduct
on the part of minors involved in such activities and striking a fair
balance for any somewhat conflicting interests.
(7)
When authorized, by special permit from the Board of Commissioners, carried on the person of the minor thus authorized, as follows. When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, then recourse may be had to the Board of Commissioners of the township, either for a regulation as provided in Subsection A(8) or for a special permit as the circumstances warrant. Upon the Board of Commissioners' finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 161 P. 2d 498, 502 — 503, Cal. App. 1945), signed by a minor and by a parent of such minor, if feasible, stating the name, age and address of such minor; the name, address and telephone number of a parent thereof; the height, weight, sex, color of eyes and hair and other physical characteristics of such minor; the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable: and the street or route and the beginning and ending of the period of time involved by date and hour, the Board of Commissioners may grant a permit, in writing, for the use by such minor of such streets at such hours as, in the Board of Commissioners' opinion, may reasonably be necessary. In an emergency, this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously, either to the Board of Commissioners or, if unavailable, to the police officer authorized by the Board of Commissioners to act on his behalf in an emergency at the police station.
(8)
When authorized, by regulation issued by the Board
of Commissioners, in other similar cases of reasonable necessity,
similarly handled but adapted to necessary nighttime activities of
more minors than can readily be dealt with on an individual special
permit basis. Normally such regulation by the Board of Commissioners
permitting use of the streets should be issued sufficiently in advance
to permit appropriate publicity through news media and through other
agencies such as the schools and shall define the activity, the scope
of the use of the streets permitted, the period of time involved,
not to extend more than 30 minutes beyond the time for termination
of such activity, and the reason for finding that such regulation
is reasonably necessary and is consistent with the purposes of this
chapter.
(9)
When the minor carries a certified card of employment,
renewable each calendar month when the current facts so warrant, dated
or reissued not more than 45 days previously, signed by the Chief
of Police, and briefly identifying the minor, the addresses of his
home and of his place of employment and his hours of employment.
(10)
When the minor is, with parental consent, in a motor
vehicle. This contemplates normal travel. From excess of caution,
this clearly exempts bona fide interstate movement through the township.
This also exempts interstate travel beginning or ending in the township.
(11)
When the minor is 17 years of age, if and when the
Board of Commissioners shall have determined, by formal rule first
reported to the Board of Commissioners, spread upon its minutes and
so reported in the press, finding the facts as to the extent (minimal)
of juvenile delinquency in such age group permitting such rule, currently,
in the best interest of said minors and of the township, then the
Board of Commissioners, by such formal rule, covering a period of
time designated therein or until rescission thereof, not exceeding
one year from the date thereof, may take appropriate action excepting
designated minors, minors in a defined group or area or all minors
(as the current facts may warrant) 17 years of age at the date or
attaining 17 years of age during the period that such formal rule
is and remains in effect.
B.
Each of the foregoing exceptions and their several
limitations, such as provisions for notification, are severable, as
hereinafter provided but here reemphasized; and additional, also severable,
exceptions, broadening with the progress toward maturity of minors
enrolled respectively in elementary, junior high and high schools,
will be considered by the Board as warranted by future experience
illuminated by the views of student government associations; school
personnel; citizens; associations; ward, precinct and neighborhood
spokesmen; parents; officers; and persons in authority concerned positively
with minors as well as with juvenile delinquency.
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.
A.
A police officer of the township, upon finding or
having attention called to any minor on the streets in prima facie
violation of this chapter, normally shall take the minor to the township
police station, where a parent shall immediately be notified to come
for such minor, whereupon they shall be interrogated. This is intended
to permit ascertainment, under constitutional safeguards, of relevant
facts and to centralize responsibility in the officer there and then
on duty for accurate, effective, fair, impartial and uniform enforcement
and recording, thus making available experienced supervisory personnel,
the best of facilities and access to information and records. In the
absence of convincing evidence, such as a birth certificate, a police
officer on the street shall, in the first instance, use his best judgment
in determining age.
B.
Police procedures shall constantly be refined in the
light of experience and may provide, inter alia, that the police officer
may deliver to a parent thereof a minor under appropriate circumstances,
for example a minor of tender age near home whose identity and address
may readily be ascertained or are known.
C.
In any event, such police officer shall, within 24
hours, file a written report with the Chief of Police or shall participate,
to the extent of the information for which he is responsible, in the
preparation, by himself and the Sergeant involved in such case, and
in the filing of such report within 24 hours.
D.
When a parent, immediately called, has come to take
charge of the minor and the appropriate information has been recorded,
the minor shall be released to the custody of such parent. If the
parent cannot be located or fails to take charge of the minor, then
the minor shall be released to the juvenile authorities, except to
the extent that, in accordance with police regulations, approved in
advance by juvenile authorities, the minor may temporarily be entrusted
to a relative, neighbor or other person who will, on behalf of a parent,
assume the responsibility of caring for the minor pending the availability
or arrival of a parent.
E.
In the case of a first violation by a minor, the Chief
of Police shall, by certified mail, send to a parent written notice
of said violation, with a warning that any subsequent violation will
result in full enforcement of this chapter, including enforcement
of parental responsibility and of applicable penalties.
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.