[HISTORY: Adopted by the Board of Supervisors
of the Township of Conewago 7-7-1997 by Ord. No. 1997-J. Amendments noted where
applicable.]
This chapter shall be known as the "Conewago
Township Curfew Ordinance."
The Board of Township Supervisors of Conewago
Township, Adams County, Pennsylvania, finds that the adoption of this
chapter is needed for the public health and safety for the following
reasons:
A.Â
Children of the community need protection from adult
members of the community as well as other minors who engage in inappropriate
behavior during nighttime hours.
B.Â
A need exists to protect minors as pedestrians and
as operators of motor vehicles from other minors and adults using
the streets, highways and other public places within the Township
during certain nighttime hours.
C.Â
A need exists to induce the parents to exercise the
right of parental control over minor children by controlling the nighttime
whereabouts and activities of minors under their control.
D.Â
A need exists to protect the public in general from
nocturnal mischief and inappropriate juvenile behavior by minors during
certain nighttime hours.
E.Â
A need exists to reduce crime rates by minors and
particularly crime by teenage children during certain nighttime hours.
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. 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 mandatory and not merely directive.
Any person under the age of 18 years.
Any person having custody of a minor as a natural or adoptive
parent, as a legal guardian or as a person to whom physical custody
has been given by order of court.
[Amended 8-2-1999 by Ord. No. 1999-H]
A way or place, of whatsoever nature, open to the use of
the public as a matter of right for purposes of vehicular travel or,
in the case of a sidewalk thereof, for pedestrian travel. The term
"public place" 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 the grounds found
within the legal right-of-way of a street. The term "public place"
also includes any public or private park, play group or parking lot,
public or private, including all routes of access thereto.
To stay behind, to tarry or to stay upon or within a public
place, as defined herein.
Based upon the prevailing standard of time, i.e., Eastern
standard time or Eastern daylight saving time.
The Township of Conewago, Adams County, Pennsylvania, with
administrative offices at 350 Third Street, Hanover, Pennsylvania.
From one birthday, such as the 17th, to (but not including
the day of) the next, such as the 18th birthday.
It shall be unlawful for any minor to be or
remain in or upon any public place within the Township during the
following times:
A minor who remains upon a public place during
times prohibited by the terms of this chapter shall not be deemed
in violation of this chapter in the following circumstances:
A.Â
When accompanied by a parent of such minor.
B.Â
When accompanied by an adult authorized by a parent
of such minor to take said parent's place in accompanying said minor,
provided that the adult so authorized shall have a written signed
statement from the parent, dated within 30 days of the date the exception
is to apply, granting such authority.
C.Â
When exercising rights protected by the United States
Constitution or its amendments, such as the free exercise of religion,
freedom or speech, and the right of assembly. The minor shall first
deliver to the Police Department at the Township Municipal Building
at 350 Third Street, Hanover, Pennsylvania, a letter signed by such
minor and countersigned by a parent of such minor stating their home
address, telephone number and specifying where and when and in what
manner the minor will be on the streets during hours when this chapter
is otherwise applicable.
D.Â
Minor lawfully employed making it necessary to be
in a public place during curfew hours and possessing a letter certifying
the same and signed by the employer or parent. This exception shall
apply only to travel directly between the minor's place of employment
and the minor's home or activity directly related to his or her employment.
E.Â
When the minor is on an errand that is in fact an
emergency. When requested to do so, the minor shall provide a written
statement signed by the minor or the minor's parent detailing and
verifying the nature of the emergency errand within seven days of
the date of the request. Otherwise, this exception shall not apply.
F.Â
When the minor is engaged in interstate travel while
passing through Conewago Township where such travel begins or ends
in Conewago Township during the times of curfew.
G.Â
When the minor travels to and from church, school
or municipal activities with a signed and dated parental permission
statement authorizing such travel. Such statement must specify the
date of the approved travel.
It shall be unlawful for a parent of a minor
knowingly to permit or allow such minor to be or remain upon any Township
street in violation 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 custody. A parent shall
not be prosecuted under the provisions of this chapter unless the
parent has been notified of a past curfew violation. Notice shall
be by personal service or by first class mail to the parent's home
address. A receipt of mailing of the required notice to said home
address shall be conclusive proof that notice of a prior offense was
provided to the parent.
A.Â
A policeman of the Township, upon finding or having
attention called to any minor on the streets in prima facie violation
of this chapter, may take the minor to the Township Police Department
office, where a parent shall immediately be notified to come for such
minor, or may deliver the minor to the minor's home. In the absence
of convincing evidence, such as a birth certificate, a police officer
shall in the first instance use his best judgment in determining age.
It is not the intent of this provision to require the officers to
transport the child at all if other duties or calls prevent the officer
from doing so at the officer's discretion.
B.Â
In situations where an officer in his discretion decides
to transport the minor and a parent takes charge of the minor and
the identity, address and age of the minor and the identity and address
of the minor's parents have 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 temporarily
be entrusted to a relative, neighbor or other person who will on behalf
of a parent assume responsibility of caring for the minor pending
the availability or arrival of a parent.
Any person who violates the provisions of this
chapter shall be charged with a summary criminal offense before the
Magisterial District Judge having jurisdiction in the same manner
provided for the enforcement of summary criminal offenses under the
Pennsylvania Rules of Criminal Procedure. Upon conviction, the person
convicted shall pay a fine of no less than $100 nor more than $1,000
for each violation and may be sentenced to incarceration of up to
90 days as permitted by law, plus the costs of prosecution.
