[HISTORY: Adopted by the Board of Supervisors of the Township of
West Hempfield: Art. I, at time of adoption of Code (see Ch. 1, General Provisions,
Art. I); Art. II, 10-6-1992 as Res. No. 12-92. Amendments noted where applicable.]
This Article shall be known and may be cited as the "West Hempfield
Township Curfew Ordinance."
This is an updating of the township's Curfew Ordinance prescribing,
in accordance with prevailing community standards, regulations for the conduct
of minors on streets at night, effectively enforced, taught in the homes,
internalized and adhered to for generations, all for the good of minors, for
the furtherance of family responsibility and for the public good, safety and
welfare.
A.
The Board of Supervisors finds that the curfew meets
a very real local need, has been over the years a significant factor in minimizing
juvenile delinquency and should be updated and amplified in the light of West
Hempfield Township's local situation and facts, including the following: It
is a residential community in an area traditionally classified as Pennsylvania
Dutch. After 9:00 p.m. in this quiet community, as the people say, the sidewalks
are rolled up. This community sense of the proper time for cessation of outdoor
activities by minors on the streets is reflected in the curfew hours declared
by this Article which takes into consideration also the danger hours of nocturnal
crime and for accumulations of minors with potential risks incident to immaturity.
B.
The Board of Supervisors further finds that West Hempfield
Township is a stable family community. Parental responsibility for the whereabouts
of children is the norm, legal sanctions to enforce such responsibility have
had a demonstrated effectiveness over the years, since as parental control
increases likelihood of juvenile delinquency decreases, and there is a continuing
need for the nocturnal curfew for minors, which has achieved and will continue
to achieve under location conditions the purposes hereinbefore stated.
A.
When not inconsistent with the context, words used in
the present 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.
B.
MINOR
PARENT
REMAIN
STREET
TIME OF NIGHT
TOWNSHIP
YEAR OF AGE
For the purposes of this Article, the following terms,
phrases, words and their derivations shall have the meanings given herein:
Any person under the age of 18 or, in the equivalent phrasing often
herein employed, any person 17 or less years of age.
Any person having legal custody of a minor as a natural or adoptive
parent, as a legal guardian, as a person who stands in loco parentis or as
a person to whom legal custody has been given by order of court.
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 passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 60-5 so that this is not a mere prohibitory or presence-type curfew ordinance. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulation.
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 "street" includes the legal
right-of-way, including but not limited to the cartway or 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"
applies irrespective of what it is called or formally named, whether "alley,"
"avenue," "court," "road" or otherwise.
Based on 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.
West Hempfield Township, Lancaster 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
less years of age is herein treated as equivalent to the phrase "under 18
years of age," the later 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 less years of age" means "under
12 years of age."
It shall be unlawful for any person 17 or less years of age (under 18)
to be or remain in or upon the streets within the Township of West Hempfield
at night during the period ending at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on a township street during the nocturnal hours for which § 60-5 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 Article.
A.
When accompanied by a parent of such minor.
B.
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.
C.
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 the Township Office at 3401 Marietta
Avenue, where and by whom high priority messages to the Chief of Police 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 Chief of Police of the township, specifying when,
where and in what manner said minor will be on the streets at night (during
hours when this Article is otherwise applicable to said minor) in the exercise
of a First Amendment right specified in such communication.
D.
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 therefor, 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.
E.
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.
F.
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.
G.
When authorized by special permit from the Chief of Police, 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 Article, then recourse may be had to the Chief of Police of the township either for a regulation as provided in Subsection H or for a special permit as the circumstances warrant. Upon the Chief's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor, if feasible, stating the following, the Chief of Police may grant a permit, in writing, for the use by such minor of such streets at such hours as in the Chief of Police's 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 Chief of Police or, if unavailable, to the police officer authorized by the Chief of Police to act on his behalf in an emergency, at the police station.
(1)
The name, age and address of such minor.
(2)
The name, addresses and telephone number of a parent
thereof.
(3)
The height, weight, sex, color of eyes and hair and other
physical characteristics of such minor.
(4)
The necessity which requires such minor to remain upon
the streets during the curfew hours otherwise applicable.
(5)
The street or route and the beginning and ending of the
period of time involved by date and hour.
H.
When authorized, by regulation issued by the Chief of
Police 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. Such regulation by the
Chief of Police 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 Article.
I.
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.
J.
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 West Hempfield Township. This
also exempts interstate travel beginning or ending in West Hempfield.
K.
When the minor is 17 years of age, if and when the Chief
of Police shall have determined, by formal rule first reported to the Board
of Supervisors, 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 the
township, finding that this Article should be relaxed, then the Chief of Police
by such formal rule, covering a period of time designated therein or until
recision 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 that date or
attaining 17 years of age during the period that such formal rule is and remains
in effect.
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 township street under circumstances not constituting an exception to or
otherwise beyond the scope of this Article. 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
Article, 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
safeguard, of relevant facts and to centralize responsibility in the Sergeant
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 circumstance, 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 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 Article, 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 Article, are hereby
undergirded with the following legal sanctions:
A.
If, after the warning notice pursuant to § 60-8 of a first violation by a minor, a parent violates § 60-7 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. Any parent who has violated or permitted the violation of any provision of this chapter shall, upon conviction thereof in a summary proceeding commenced by the township, pay a fine of not less than $25 for the first violation, not less than $50 for the second violation, and not less than $75 nor more than $1,000 for the third and successive violations, plus all court costs. Any fine and award of costs shall be in addition to the remedies provided in § 60-9B of this article.
[Amended 9-3-1996 by Ord.
No. 3-96; 5-6-1997 by Ord.
No. 6-97]
B.
Any minor who shall violate any of the provisions of
this Article more than three times shall be reported by the Chief of Police
to the appropriate agency whose purpose it is to take charge of dependent
and delinquent children 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
Article cannot be made effective by the imposing of penalties under this section.
From excess of caution, the Chief of Police 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 Article 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 Supervisors does not intend a result that is absurd,
impossible of execution or unreasonable. It is intended that this Article
shall 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.
[Adopted 10-6-1992 as Res.
No. 12-92]
A.
The officials of West Hempfield Township believe that
it is desirable for trick or treat night activities to occur on the same day
and at the same time in the municipality; and the officials believe it is
most appropriate to celebrate trick or treat night on Halloween, October 31.
B.
The officials believe, however, that it is not desirable
for trick or treat night to be on a Saturday or Sunday, due to greater pedestrian
risk on those nights.
Trick or treat night activities shall occur in West Hempfield Township
from 6:00 p.m. to 8:00 p.m. on Halloween, October 31, of each year, unless
October 31 falls on a Saturday or Sunday, in which case trick or treat night
activities should occur from 6:00 p.m. to 8:00 p.m. on the Friday prior to
October 31.
