[HISTORY: Adopted by the Borough Council of the Borough of
Munhall 10-21-1998 by Ord. No. 1435. Amendments noted where applicable.]
This chapter shall be known as the "Curfew Ordinance."
It is declared to be the intent of Borough Council that this
chapter was enacted in accordance with community standards prevailing
in the community relating to the conduct of minors on streets and
public places at night. It is found by Borough Council that this chapter
is in the furtherance of family responsibility and for the health,
safety and welfare of the residents of the Borough of Munhall and
those traveling through or visiting within the Borough of Munhall.
Borough Council further finds that there is a need for updating
of the present Curfew Ordinance in the Borough in order to curb and
minimize juvenile delinquency.
Borough Council further finds that the Borough is largely residential
and that there are significant numbers of senior citizens within the
Borough. The prevailing sense and attitude in the Borough is that
nocturnal activities should be restricted or reduced for the health,
safety and welfare of the residents of the community and to reduce
the potential for crime and serious risk of injury to immature persons.
Borough Council further finds that parental guidance in the
Borough demands that parents be responsible for their children, be
apprised and cognizant of where they are at any given time and that
adherence to the standards expressed in this chapter meet with community
standards.
For purposes of this chapter, the following terms shall have
the meanings indicated:
Shall be deemed to be that time of day or night when minors
may not be on public streets or places as set forth in this chapter.
Persons under the age of 18 years.
Persons having legal custody of a minor as a natural or adopted
parent, as legal guardian, as one who stands in loco parentis or one
to whom legal custody has been given by order of any court of competent
jurisdiction.
To stay behind, to tarry or to stay unnecessarily upon the
streets or public places and shall be deemed to include congregating
in groups of persons and shall include interacting minors. A group
shall be deemed to exist where four or more persons exist and are
interacting together in any specific area. "Remain" shall further
be intended to include where minors, as defined herein or groups of
minors interacting as defined herein, are using the streets for purposes
which would not be ordinary or usual, such as for mere passage. It
is not intended that this chapter be defined to be an ordinance which
is prohibitive so as to prohibit the mere presence of minors on streets.
Exceptions are defined herein when the presence of minors on the streets
is valid. However, it is the intent of this chapter to define and
prohibit the loitering or remaining behind type of activity of minors,
which activity is not a reasonable use of streets for the purposes
for which streets are ordinarily intended.
A way or place open to use by the public as a matter of right
for purposes of vehicular or for pedestrian travel. This term shall
include the entire legal right-of-way, including, but not limited
to, traffic lanes, curbs, sidewalks and grassy areas adjacent to the
legal right-of-way.
Prevailing standard of time during any part of the year whether
it be Eastern Standard Time or Eastern Daylight Saving Time.
The number of chronological years which a person has at a
specific point in time. The year of age shall continue from one birthday
until, but not including, the day of the next birthday. Hence, one
is 17 years of age until the date of birth of his 18th birth date.
[Amended 9-15-2010 by Ord. No. 1550]
There is hereby ordained to be a curfew in the Borough of Munhall
for persons 17 years of age and under. After the curfew time, it shall
be unlawful for any person 17 years of age or under to be or remain
upon the streets or public places within the Borough of Munhall at
night during the period of time commencing at 10:00 p.m. and ending
at 6:00 a.m., prevailing time.
A.Â
There are hereby created certain exceptions to the curfew rules provided
in the immediately foregoing section. Under the circumstances described
in the following subsections, it shall not be deemed to be a violation
of this chapter for a minor to be or to remain upon public streets
or places:
(1)Â
When
accompanied by a parent of a minor.
(2)Â
When
accompanied by an adult authorized by the parent of such minor and
deemed to take the place of the parent in accompanying the minor for
a designated period of time and for a designated purpose and area.
(3)Â
When
exercising First Amendment Rights protected by the United States Constitution,
i.e., freedom of religion, freedom of speech or right of assembly.
Proof of such bona fide endeavor to exercise said constitutional rights
shall be evidenced by the minor having previously delivered to the
office of the Chief of Police of the Borough at the municipal building
a statement regarding the activities to be conducted, the time they
are to be conducted and demonstrating the purposes of the presence
of the minor following the curfew regulatory time. Said statement
shall be signed by the parent or guardian of the minor and shall state
the date, time and place when the minor will be upon the public streets
exercising these constitutional rights.
(4)Â
In
case of reasonable necessity which shall be deemed to exist only when
the minor's parent has communicated to the Borough Police Station
telephone operator a recital of the facts establishing such reasonable
necessity. The reasonable necessity must include the times, area,
purpose and points of origin and destination.
(5)Â
When
the minor is on public streets or public ways immediately adjacent
to the minor's residence.
(6)Â
When
returning home by a direct route and within one hour of the termination
of any school activity, religious or other voluntary association.
For this exception to apply there must have been prior written notice
to the Borough police indicating the place, times to be covered, dates,
name of the organization and supervisor of the organization. Said
notice must be submitted and signed by the parent or guardian of the
minor. Written notice shall not be necessary for local school sports
events.
(7)Â
When
authorized by special permit to be issued by the Borough Chief of
Police or his representative. The Borough Chief of Police or his representative
shall be authorized to issue permits when requested by a parent or
guardian specifying the date, time, place and purposes of the trip.
This exception shall be applicable for school activities, voluntary
associations and necessary trips during the prohibited periods of
time.
(8)Â
When
the minor carries a certified employment card demonstrating that he
is employed and that his employment necessitates his being out later
than the curfew. The employment card shall set forth the name of the
employer, the minor's name, address, description so as to enable
the police officer to reasonably identify the minor, the nights that
he or she is to be employed and the time when the minor shall cease
his employment. An employment card shall only be valid for a three-month
duration and must be renewed if employment continues.
(9)Â
When
the minor is, with parental consent, in a motor vehicle. This shall
be deemed to constitute normal travel. Exempted is all interstate
travel through Munhall Borough by any person.
B.Â
All written applications and permits provided in this section shall
contain a description of the minor so as to enable police officers
to reasonably identify the minor, the minor's address, parents'
names and phone number.
C.Â
The foregoing exceptions shall be several. If any of the same shall
not be valid, then it is intended that the balance of the exceptions
shall have been enacted irrespective of said invalid exceptions. In
addition, if a court should find that any exceptions are to narrow
or too broad, it is the intent of the Borough Council that it would
have enacted the exceptions in accordance with the court's opinion
as to render the same reasonable and valid.
It shall hereinafter be unlawful for any parent or person having
legal custody of a minor child to knowingly permit or to inefficiently
control or to allow such minor to be or remain upon any Borough street
or public place under circumstances not constituting an exception
to this chapter or to otherwise permit a minor to remain upon a public
street or place in violation of this chapter. "Knowingly" would include
actual knowledge which a parent would have or which should be reasonably
be expected to have concerning the whereabouts of minor in that parent's
legal custody. It is the purpose of this chapter to prevent neglectful
or careless parents from violating community standards and the standards
of parental responsibility by providing an objective test. It shall
not be a defense to a violation of this chapter that a parent was
indifferent or did not endeavor to ascertain the whereabouts of his
minor children.
A.Â
Any police
officer of the Borough, upon finding or having his or her attention
called to any minor on the streets in circumstances which would indicate
a prima facia violation of this chapter, shall take the minor to the
Borough Police Station. The police shall thereupon notify the parents
of the minor to call for said minor. The police are instructed and
directed by this chapter to interrogate the parents of the minor.
The purpose of this interrogation shall be to determine all relevant
facts and to determine whether or not the presence of the minor is
valid or not. In the absence of convincing evidence, such as birth
certificate, driver's license, etc., the Borough hereby relies
upon the judgment of the police officer on duty as having the best
and final judgment for determining the age of the minor.
B.Â
Following the apprehension and call to the minor's parents,
the police officer shall make a written report to the Chief of Police.
A report regarding the minor's activities shall be retained by
the Chief, who shall be responsible for retaining all of said records.
C.Â
When a parent has been called to take charge of a minor and the appropriate
information ascertained and recorded, the minor shall be released
into the custody of the parent. If a parent cannot be located or fails
to take charge of the minor, then the minor shall be released to juvenile
authorities. However, the police shall have discretion to release
juveniles so taken to neighbors, relatives or other persons who police
may reasonably believe will be responsible and have the ability to
be responsible for the minor pending the availability or arrival of
a parent.
D.Â
In the case of a first violation by a minor, the Chief of Police
shall send a certified letter to the parents and the minor advising
them that subsequent violations will result in full enforcement of
this chapter.
A.Â
Parents. If, after the first warning provided in the immediately
preceding section, a minor commits a second violation of this chapter,
it shall be treated as a first offense by the parent. For such parental
offense, the parent, upon conviction thereof, shall be sentenced to
pay a fine of not more than $100 plus costs and, for each subsequent
offense by a parent, the fine shall be increased by an additional
$25. The Magisterial District Judge, upon finding a parent guilty,
shall sentence the parent to pay such fine and costs and, in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days.
B.Â
Minors. Any minor who shall violate any of the provisions of this
chapter more than three times shall be reported by the Chief and shall
be taken to the juvenile authorities for the purpose of having said
minor deemed to be incorrigible and delinquent. The Chief of Police
is hereby authorized to institute proceedings to have the minor declared
to be incorrigible and delinquent.
C.Â
It is also deemed to be a summary violation for a minor to violate
this chapter and it shall be punishable as follows:
(1)Â
For the first violations by a minor, the provisions hereinabove prevailing
shall apply.
(2)Â
For each and every subsequent violation, it may be deemed to be a
summary offense and the police are hereby authorized to prosecute
the same before the Magisterial District Judge having jurisdiction.
(3)Â
For each such offense by the minor, the Magisterial District Judge
shall hereby be authorized to impose a fine up to the amount of $100,
and, for the second and further offenses, an additional $25 for each
subsequent offense.
(4)Â
The Magisterial District Judge, upon a finding of guilty, shall sentence
the minor to pay such fine and costs of prosecution and, upon failure
or refusal, shall have authority to direct that the child be taken
to the Juvenile Court of Allegheny County.
