[HISTORY: Adopted by the Town Council of the Municipality of Kingston 12-2-2002 by Ord. No. 2002-6. Amendments noted where applicable.]
The purpose of this chapter is to promote the safety and good order of the community by helping to eradicate rowdiness, excessive noise, vandalism, harassment, graffiti, drug dealing and other behavior caused by juveniles that adds to the disorder in the community, and to encourage school attendance and parental responsibility.
This chapter shall be known as and shall be cited as the "Curfew Ordinance."
For the purpose of the Curfew Ordinance, the following terms, phrases, words and their derivations shall have the meanings set forth hereinafter. When not inconsistent with the context, words used in the present tense shall include the past tense, words in the singular shall include the plural and the use of the feminine pronoun shall include the masculine pronoun. The word "shall" as used hereinafter is to be construed as mandatory and not directory.
- An unexpected situation or sudden occurrence of a serious and urgent nature that demands immediate action.
- A privately owned placed of business operated for profit, or any place of amusement or entertainment to which the public is invited.
- Having actual knowledge 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.
- The Municipality of Kingston, Luzerne County, Pennsylvania, with offices located at 500 Wyoming Avenue, Kingston, PA.
- Any individual under the age of 18 years.
- Any person having legal custody of a minor as:
- To delay, to tarry and/or to stay upon the streets or in public places or establishments within the Municipality in situations in which the minor involved would not be using the streets, public places or establishments for 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 § 72-6 of this Curfew Ordinance.
- 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" 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 which 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 limitation, sidewalk and grass plots open to public use) and to parking areas of any types (including by way of example but not limitation, 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, street, avenue or otherwise, or whether it is maintained by the Municipality 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 Saving Time, as observed at that hour (or minute) by the public in the Municipality; prima facie evidence of the time for purposes of this chapter shall be the time actually observed in the Municipality's administrative offices or in the Municipal Police Department.
- YEAR OF AGE
- The age of an individual as established on the day of any infraction alleged hereunder. For the 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.
Evening curfew. It shall be unlawful for any minor under the age of 18 years to remain in or upon any street, public place or establishment in the Municipality during the following hours: June 1 to September 14, the hours of 12:00 midnight and 6:00 a.m. and September 15 to May 31, the hours of 11:00 p.m. and 6:00 a.m.
It shall be unlawful for any parent, guardian or person in parental relation having control of any minor under the age of 18 years to allow such minor to remain in or upon any public street within the Municipality between the hours specified in § 72-4.
In the following cases, a minor remaining in or upon a public street, public place or in an establishment during the hours set forth in § 72-4 above shall not be considered to be in violation of the evening curfew:
When the minor is lawfully employed, and in the course of which employment it is necessary to use such public street or other public place for such employment.
In the case of reasonable necessity, provided that the minor shall, upon request of any police officer, provide to such police officer a written statement identifying:
When the minor is returning from a school, religious or job activity, provided that the minor shall, upon request of any police officer, provide to such officer a written statement identifying:
Such minor is on an emergency errand authorized by their parent, guardian or other person in parental relation having the legal custody, control or charge of such minor.
Any police officer, upon finding or having attention called to the presence of any minor on the streets, in public places or establishments within the Municipality, in prima facie violation of this chapter, specifically § 72-4, is empowered to immediately obtain from the minor the minor's:
Upon obtaining this information, and in order to safeguard the person of the minor, the police officer is empowered to take the minor to the Municipality of Kingston Police Department and shall immediately notify the parent or parents of the minor and instruct the parent or parents to come to the Municipality of Kingston Police Department and take custody of the minor. Upon the arrival of the parent or parents at the Municipality of Kingston Police Department, the minor shall be released to the custody of the parent or parents.
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 Luzerne County, except that the minor may temporarily be entrusted to a relative, neighbor or other person who, on behalf of the minor's parent, will assume the responsibility of caring for the minor pending the availability or arrival of the minor's parent.
Any minor in violation of this chapter, specifically § 72-4, shall be cited for a summary violation and a fine of $25, plus court costs, shall be imposed for the first offense.
Any minor who shall fail to comply with the provisions of this chapter, specifically, § 72-4, for a second offense shall be sentenced on a summary conviction to pay a fine of $100, plus court costs.
Any minor who shall fail to comply with the provisions of this chapter, specifically, § 72-4, for a third offense shall be sentenced on a summary conviction to pay a fine of $300, plus court costs.
Any minor who shall fail to comply with the provisions of this chapter, specifically, § 72-4, more than four times within a one year period, shall be sentenced on a summary conviction to pay a fine of $500, plus court costs.
Every parent, guardian or person in parental relations, having control or charge of any child who shall fail to comply with the provisions of this chapter, specifically § 72-4, shall upon summary conviction thereof, be sentenced: