[HISTORY: Adopted by the Mayor and Council of the City of Washington 9-8-1983 by Ord. No. 1317 (Ch. 6, Part 1, of the 1986 Code of Ordinances). Amendments noted where applicable.]
Warrantless arrests — See Ch. 72.
This chapter shall be known and may be cited as the "Ordinance Regulating the Presence and Conduct of Minors on Streets and Public Places."
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings 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 number, and words in the singular number, the plural number. The word "shall" is always mandatory and not merely directory.
- The City of Washington, Pennsylvania.
- Any person over the age of 18 who is in loco parentis to a juvenile.
- Any person other than a parent who has legal guardianship of a minor.
- Any person under the age of 18.
- The natural or adoptive parent of a minor.
- PUBLIC PLACE
- Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A public place shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise about without a set destination in any vehicle in, about or upon any place in the City between the hours of 11:00 p.m. and 5:00 a.m. Sunday through Thursday and between the hours of 12:00 midnight and 5:00 a.m., Friday through Saturday, unless accompanied by a parent, guardian or custodian having custody or control of such minor or unless the minor is on an emergency errand or specific business or activity directed or permitted by his parent, guardian or other adult person having the care and custody of the minor or where the presence of such minor is connected with or required by some legitimate employment, trade, profession or occupation.
It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday, and between the hours of 12:00 midnight and 5:00 a.m., Friday through Saturday, unless accompanied by a parent, guardian or custodian having custody or control.
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to suffer or permit or to allow such person to be on the streets or sidewalks or on or in any public property or public place within the City of Washington between the hours of 11:00 p.m. and 5:00 a.m., Sunday through Thursday, and 12:00 midnight and 5:00 a.m., Friday through Saturday. However, the provisions of this section do not apply to a minor accompanied by his parent, guardian or custodian having the care, custody or control of the minor, or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor or if the parent, guardian or custodian herein has made a missing person notification of the Police Department.
Any minor attending a special function or entertainment of any church, school, club or other organization that requires such minor to be out at a later hour than that called for in § 136-3 shall be exempt from the provisions of § 136-3 of this chapter, provided the minor has an excuse from his parent, guardian or custodian or an excuse from the church, school, club or other organization where the function was held. A minor who attends a function shall be required to be in his home or usual place of abode within 1/2 hour after the function is ended.
First offense. Any police officer, upon finding a minor in violation of § 136-3, shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode, or the police officer may issue a citation to the minor if the police officer in his judgment believes the violation to be sufficient to justify the issuance of a citation.
Second offense or failure to heed warning.
If such minor refuses to heed a warning or direction by any police officer or refuses to give such police officer his correct name and address, or if the minor has been warned on a previous occasion or issued a prior citation for violation of curfew, he or she shall be taken into custody and the parent, guardian or other adult person having care and custody shall be notified to come and take charge of the minor. If the parent, guardian or other adult person cannot be located or fails to come and take charge of the minor, the minor shall be turned over to the proper authorities.
If a minor is found to be in violation of § 136-7B, then a citation shall be issued to the minor and a citation shall also be issued to the parent, guardian or other adult person having the care and custody of said minor for failure to take charge of and to maintain proper control over said minor.
Third offense. Any minor who is found to be in violation of this chapter for a third time shall be taken into custody and turned over to the juvenile authorities. Citations shall be issued to the minor and his parent, guardian or legal custodian.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
Any individual, person, firm, corporation or other entity who shall violate any provision of this chapter shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.
Each day that a violation of this chapter shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.
Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this chapter. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include, but not be limited to, an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the chapter or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the chapter.