[HISTORY: Adopted by the Town Council of the Borough of Bellevue 6-6-1995 by Ord. No.
95-18. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew
Ordinance."
A.
The enactment of this chapter is in accordance with prevailing community
standards for the regulation of the conduct of minors on streets at
night for the good of all minors, for furtherance of family responsibility,
and for the public good, safety and welfare.
B.
Council finds that a curfew will meet a real local need and will
be a significant factor in minimizing juvenile delinquency and should
be implemented in the light of Bellevue's local situation and
facts, including the following:
(1)
Bellevue is an older community in Allegheny County with clearly defined
boundaries, with Ross Township on the north and east, the City of
Pittsburgh on the east and south, and the Ohio River and the Borough
of Avalon on the west.
(2)
Bellevue has a compact built-up area of just under one square mile,
with a substantial business district which draws its patrons and visitors
from other North Hills communities and the City of Pittsburgh, and
Bellevue has a substantial residential area.
(3)
The largest portion of the Borough of Bellevue is devoted to single-family
dwellings and it has parks, a library, a municipal building and a
hospital.
(4)
Council finds that there are 1,604 minors, the 1990 census figure
for persons under 18 years of age residing in Bellevue. Council further
finds that the Bellevue area is attractive to minors from adjoining
communities, which causes accumulations of minors during the dangerous
nocturnal hours with potential risks incident to immaturity.
(5)
There are 9,126 persons residing in Bellevue (1990 census) with 4,443
households. Of the 1,604 minors, a great majority are classified in
the 1990 census as members of the household.
(6)
Bellevue is a stable family community and parental responsibility
for the whereabouts of children is the norm, and legal sanctions to
enforce such responsibilities, it is believed, will be effective to
increase parental control, which will decrease the likelihood of juvenile
delinquency; and there is a substantial need for a nocturnal curfew
for minors to minimize juvenile delinquency.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meaning 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 always mandatory and not merely directory.
The Borough of Bellevue, Allegheny County, Pennsylvania,
a home rule charter municipality, with administrative offices at 537
Bayne Avenue, Bellevue, Pennsylvania 15202.
Any person under the age of 18 or, in 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.
Any highway, street, road, alleyway, sidewalk, public property,
playground, schoolyard, public park or any similar place. As to highway,
street, road and alleyway, it is intended to include a way or place
of whatsoever nature open to the use of the public as a matter of
right for purposes of vehicular traffic and, in the case of a sidewalk
thereof, for pedestrian travel. The terms "highway," "street," "road"
and "alleyway" include the legal right-of-way, including, but not
limited to, the cartway or traffic lanes, the curb, the sidewalk,
whether paved or unpaved, and any grass plots or other grounds within
the legal rights-of-way and further includes alley, avenues, courts,
ways or otherwise.
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 mere
passage or going home. "Remain," as used in this chapter, means "be
or remain" as construed by the court in the Bykofsky vs. Middletown
case, 401 Federal Supplement 1242 (1975) and includes "loitering,"
that is to remain idle in essentially one location, to be dilatory,
to tarry, to dawdle, and shall include, but not be limited to, standing
around, hanging out, sitting, kneeling, sauntering and prowling.
Is based upon the prevailing standard of time, whether Eastern
standard time or Eastern daylight saving time, generally observed
at that hour by the public in the Borough, prima facie the time then
observed in the Borough administrative offices and police station.
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 latter 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 public places within the Borough
of Bellevue at night during the period beginning at 10:00 p.m., prevailing
time, Sunday through and including Thursday, and at 11:00 p.m., prevailing
time, Friday and Saturday, and ending at 6:00 a.m. prevailing time.
In the following exceptional cases, a minor on a Borough street during the nocturnal hours for which § 104-4 is intended to provide the maximum limits of regulation shall not be considered in violation of this chapter:
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 communications center personnel
at the Borough Municipal Building at 537 Bayne Avenue, where and by
whom high priority messages to the Mayor are regularly received, a
written communication, signed by such minor and countersigned by a
parent of such minor with their home address and telephone number,
addressed to the Mayor of the Borough, specifying when, where and
in what manner said minor will be on the streets at night (during
hours when this chapter 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 in writing to the Borough 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 thereof, 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 of 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 Mayor carried on the person
of the minor thus authorized as follows:
(1)
When necessary nighttime activities of a minor may be inadequately provided for by other provision of this chapter, then application may be made to the Mayor of the Borough of Bellevue either for a regulation as provided in Subsection H below or for a special permit as the circumstances warrant. Such application must be presented to the Mayor not less than 24 hours prior to the activity which it authorizes.
(2)
Upon the Mayor's finding of necessity for the use of the streets
to the extent warranted by a written application, signed by the minor
and by a parent of such minor, stating: a) the name, age and address
of such minor; b) the name, address and telephone number of a parent
thereof; c) the height, weight, sex, color of eyes and hair and other
physical characteristics of such minor; d) the necessity which requires
such minor to remain upon the streets during the curfew hours otherwise
applicable; and e) the street or route and the beginning and ending
of the period of time involved by date and hour, the Mayor may grant
a permit in writing for the use by such minor of such streets at such
hours as in the Mayor'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 Mayor or, if unavailable, to the police officer authorized
by the Mayor to act on his behalf in an emergency at the police station.
H.
When authorized, by regulation issued by the Mayor, in other 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 Mayor
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 chapter.
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 90 days previously, signed by the Chief of Police and
briefly identifying the minor, the addresses of his home and 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. Bona fide interstate movement through
Bellevue, particularly on normal routes such as Ohio River Boulevard
(H.R. 65), Lincoln Avenue and North Star and South Star Avenues, is
exempted. This also exempts interstate travel beginning or ending
in the Borough of Bellevue.
K.
In the event the Mayor shall have determined and by written statement
reported to the Town Council of the Borough, spread upon its minutes
and so reported in the press, as to the low extent of juvenile delinquency
of minors at the age of 17; the Mayor having made a finding of fact
that, in the best interest of said minors and the Borough of Bellevue,
the Borough may, by formal rule, relax the provision of this chapter
for a designated period or until rescission thereof, not exceeding
90 days, except designated minors, minors in a defined group or area
or all minors, as the current facts may warrant, 17 years of age at
the date of the formal rule or attaining 17 years of age during the
period that such formal rule is and remains in effect.
L.
Each of the foregoing exceptions and their several limitations, such
as provisions for notification, are severable, as hereinafter provided,
but here reemphasized; and additional, also severable, exceptions
broadening with the progress toward maturity of minors enrolled respectively
in elementary, junior high and high schools will be considered by
Council as warranted by future experience illuminated by the views
of student government associations, school personnel, citizens, associations,
ward, precinct and neighborhood spokesmen, parents, officers and persons
in authority concerned positively with minors as well as with juvenile
delinquency.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by ineffective control to allow such
minor to be or remain upon any Borough street under circumstances
not constituting an exception to or otherwise beyond the scope 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 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 be no defense that a parent was completely indifferent to the
activities or conduct or whereabouts of such minor.
A police officer of the Borough, upon finding or having attention
called to any minor on streets in prima facie violation of this chapter
normally shall take the minor to the Borough 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 safeguards of relevant facts and to centralize
responsibility in the Sergeant or Lieutenant 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.
A.
Police procedures shall constantly be refined in the light of experience
and may provide that the police officer may deliver to a parent thereof
a minor under appropriate circumstances, for example, a minor of tender
age near home whose identity and address may be readily ascertained
or are known.
B.
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 or Lieutenant involved in such case and
in the filing of such report within 24 hours.
C.
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 the parent, assume
the responsibility of caring for the minor pending the availability
or arrival of a parent.
D.
In the case of a first violation by a minor, the Chief of Police
shall, by certified mail, send to a parent written notice with a warning
that any subsequent violation will result in full enforcement of this
chapter, 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 chapter, are hereby undergirded with the following sanctions:
A.
If, after the warning notice pursuant to § 104-7 of the first violation by a minor, a parent violates § 104-6 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense a parent shall be fined $100, and for each subsequent offense by a parent the fine shall be increased by an additional $50, e.g., for the second, $150, and $200 for the third offense. The Magisterial District Judge, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned for a period not exceeding 30 days.
B.
Any minor who shall violate any of the provisions of this chapter
more than three times may be reported by the Mayor to a society or
organization whose purpose it is to take charge of incorrigibles and
delinquents 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 chapter cannot be made effective by the imposing of penalties
under this section.
The Town Council will continue its evaluation and updating of
this chapter.
A.
Accordingly, there shall be complied and informally reported to the
Town Council through effective channels (such as the normal monthly
distribution by the Director of Administrative Services to each Councilman,
the Mayor and the Borough Solicitor of noteworthy material) all exceptional
cases hereunder of reasonable necessity, the notices of school and
other activities, the Mayor's special permits and the Mayor's
regulations hereinbefore authorized and the Mayor's advisory
opinions, for consideration by the appropriate committee and by Town
Council in further updating and continuing evaluation of this chapter.
B.
For the same reasons, as well as for the implementation beyond these
legal aspects of the basic purposes hereof, the Mayor and relevant
committees of Town Council through their respective chairmen in coordinated
effort shall work with existing and may organize voluntary groups
and shall stimulate volunteer leadership in programs of research and
of action dealing constructively on neighborhood and local bases with
juvenile delinquency and the prevention, control and containment thereof,
in all its ramifications and with practicable steps toward a better
life for minors 17 or less years of age and with the working of this
chapter, community-wise and in individual cases, as one much needed
legal tool toward that end, as well as for continuing present protection
of minors and of other persons and of property and other interests
important to the welfare of the people of the Borough.
