[HISTORY: Adopted by the Borough Council
of the Borough of Homestead 10-14-1974 as Ch. 43 of the 1974 Code; amended in its entirety 9-11-2003 by Ord. No.
1146. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 130.
The purpose of this chapter is to: promote the
general welfare and protect the general public through the reduction
of juvenile violence and crime within the Borough; promote the safety
and well-being of the Borough's youngest citizens, persons under the
age of 18, whose inexperience renders them particularly vulnerable
to becoming participants in unlawful activities, particularly unlawful
drug activities, and to being victimized by older perpetrators of
crime; and foster and strengthen parental responsibility for children.
As used within this chapter, the following words
and phrases shall have the meanings ascribed to them below:
- CURFEW HOURS
- The hours of 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday
or Thursday through 5:00 a.m. on the following day, and the hours
of 11:00 p.m. on any Friday or Saturday through 5:00 a.m. on the following
day.[Amended 7-13-2006 by Ord. No. 1186]
- EMERGENCY
- Unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents or other similar circumstances.
- ESTABLISHMENT
- Any privately owned place of business within the Borough operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
- MINOR
- Any person under 18 years of age who has not been emancipated by court order.
- OFFICER
- A police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or the ordinances of the Borough of Homestead.
- A. A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement);
- B. A person who is the biological or adoptive parent with whom a minor regularly resides;
- C. A person judicially appointed as a legal guardian of the minor; and/or
- D.
- PERSON
- An individual, does not refer to any association, corporation or any other legal entity.
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of government buildings, schools, hospitals, apartment houses, office buildings, transportation facilities, shops.
It shall be unlawful for a minor, during curfew
hours, to remain in or upon any public place within the Borough, to
remain in any motor vehicle operating or parked therein or thereon
or to remain in or upon the premises of any establishment within the
Borough, unless:
A.
The minor is accompanied by a parent; or
B.
The minor is involved in an emergency; or
C.
The minor is engaged in an employment activity, or
is going to or returning home from such activity, without detour or
stop; or
D.
The minor is on the sidewalk directly abutting a place
where he or she resides with a parent; or
E.
The minor is attending an activity sponsored by a
school, religious or civic organization, a public organization or
agency or by another similar organization or entity, which activity
is supervised by adults, and/or the minor is going to or returning
from such an activity without detour or stop; or
F.
The minor is on an errand at the direction of a parent,
and the minor has in his or her possession a writing signed by the
parent containing the following information: the name, signature,
address and telephone number of the parent authorizing the errand,
the telephone number where the parent may be reached during the errand,
the name of the minor, and a brief description of the errand, the
minor's destination(s) and the hours the minor is authorized to be
engaged in the errand; or
G.
The minor is involved in interstate travel through,
or beginning or terminating in, the Borough of Homestead; or
H.
The minor is exercising rights protected by the First
Amendment to the United States Constitution, such as the free exercise
of religion, freedom of speech and the right to assembly.
It shall be unlawful for a minor's parent to knowingly permit, encourage or suffer or by negligent or inefficient control allow such minor to violate § 126-3.
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of § 126-3.
It shall be unlawful for the operator of any
establishment, or for any person who is an employee thereof, to knowingly
permit, allow or encourage a minor to remain upon the premises of
the establishment during curfew hours. It shall be a defense to prosecution
under this section that the operator or employee of an establishment
promptly notified the Police Department that a minor was present at
the establishment after curfew hours and refused to leave.
It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to any officer investigating a possible violation of § 126-3.
A.
Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of § 126-3.
(1)
If such investigation reveals that the presence of such minor is in violation of § 126-3, then:
(a)
If the minor has not previously been issued
a warning for any such violation, then the officer shall issue an
oral warning to the minor that the minor is in violation of curfew
and shall direct the minor to proceed at once to the minor's home
or usual place of abode. The oral warning shall be followed by a written
warning mailed by the Police Department to the minor and the minor's
parent(s); or
(b)
If the minor refuses to heed the warning or
has previously been issued a warning for any such violation, then
the officer shall charge the minor with a violation of this chapter
and shall issue a summons requiring the minor to appear in court.
(2)
As soon as practicable, the officer may:
(a)
Take the minor to the minor's parent(s); or
(b)
Bring the minor to the Police Department for
a period not to exceed the remainder of the curfew hours, and notify
the minor's parent(s) to come to the Police Department and take charge
of the minor; or
(c)
If a minor refuses to give an officer his or
her name and address, refuses to give the name and address of his
or her parent(s) or if no parent can be located prior to the end of
the applicable curfew hours, or if located, no parent appears to accept
custody of the minor, the minor may be taken to a nonsecure crisis
center or juvenile shelter and/or may be taken to a judge or intake
officer of the juvenile court to be dealt with in the manner and pursuant
to such procedures as required by law.
B.
Others. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the other is in violation of § 126-4, 126-5 or 126-6.
(1)
If an investigation by an officer reveals that a person has violated § 126-4, 126-5 and/or 126-6, and if the person has not previously been issued a warning with respect to any such violation, an officer shall issue a warning to the person, which shall be followed by a written warning mailed by the Police Department to the person;
(2)
If any such warning has previously been issued to
that person, then the officer shall charge the person with a violation
and shall issue a summons directing the person to appear in court.
A.
Any person who is convicted by a District Justice
of violating any provisions of this chapter shall be sentenced to
pay to the Borough an amount of:
B.
The convicted person shall also pay cost of prosecution,
including attorney's fees, and, in default of payment of such fine,
costs and/or fees, shall be imprisoned for a period not to exceed
30 days.
