[HISTORY: Adopted by the City Council of the City of New Kensington 3-12-2007
by Ord. No. 3-07. Amendments noted where applicable.]
This chapter part shall be known as "the Curfew Ordinance of 2007 of
the City of New Kensington."
The City Council for the City of New Kensington, Westmoreland County,
Pennsylvania, charged by law with the responsibility of providing for the
health, safety, morals and general quality of life in the City, and of the
residents thereof, believes that the incidence of vandalism, thievery and
juvenile delinquency in the City can be substantially reduced by regulating
the hours that minors under the age of 18 years may remain in public places
and private establishments without parental supervision.
Unless the context otherwise requires, in this chapter, the following
words and terms shall have these meanings:
The period of time from 10:00 p.m. to 6:00 a.m. Sunday through Thursday
and 11:00 p.m. to 6:00 a.m. Friday and Saturday, whether or not Eastern standard
time or Eastern daylight saving time be then in effect in the City.
The siren which shall be sounded each night 15 minutes prior to the
curfew hours.
Any person who has not attained his or her 18th birthday.
Any person, corporation, partnership or association owning, operating,
managing, conducting, or in charge of, at any time, any private establishment.
The natural parent or legal guardian of any minor or adult person
21 years of age or over who is entrusted with and responsible for the custody
or care of any minor at a given time and place and for a given purpose.
Any privately operated mercantile establishment, store, shop, restaurant,
place of entertainment or recreation and the parking lots adjacent thereto,
or similar place.
Any highway, street, road, alley, sidewalk, public property, vacant
lot, playground, schoolyard or similar place, or any place contiguous to said
places.
It shall be unlawful for minors:
A.Â
To loiter in motor vehicles or on foot, in or upon a
public place in the City of New Kensington during curfew hours;
B.Â
To walk, stroll or wander in or upon a public place in
the City of New Kensington during curfew hours; or
C.Â
To be or remain in a private establishment in the City
of New Kensington during curfew hours.
In the following cases, a minor in or upon a public place or in a private
establishment shall not be considered in violation of the Curfew Ordinance.
A.Â
When such minor is accompanied by a parent, legal guardian,
a person having legal custody of such minor or adult authorized by parent
or legal guardian.
B.Â
When such minor is going directly to or from a school,
church or City activity.
C.Â
When such minor is engaged in gainful lawful employment
during curfew hours or is traveling to or from such employment; in which case
such minor shall carry written proof of such employment.
It shall be unlawful for any operator of any private establishment in
the City of New Kensington to knowingly admit, serve or permit the presence
of any minor, unaccompanied by a parent, guardian or other authorized adult,
in said establishment during the curfew hours, provided that this shall not
prohibit the otherwise lawful employment of minors in said establishment.
It shall be unlawful for any parent, guardian or any other adult having legal custody to knowingly permit, or by insufficient control, to allow such minor to be on or remain upon any street within the City of New Kensington under circumstances not constituting an exception under § 98-5.
Any person violating this chapter, minor, parent or private operator,
shall upon pleading guilty or upon conviction thereof be sentenced to pay
a fine of not less than $50 not more than $300 plus cost of prosecution for
each offense and in default of payment of said fine and costs to a term of
imprisonment for such a period of time as may be fixed by the Magisterial
District Judge, not, however exceeding 30 days for each offense.
All ordinances or parts of ordinances which are inconsistent herewith
are hereby repealed.
This chapter shall become effective beginning July 1, 2007.
