[HISTORY: Adopted by the Borough Council of the Borough of
Wilmerding 3-5-1996 by Ord. No. 946 (Ch. 6, Part 1, of the 1989 Code).
Amendments noted where applicable.]
This chapter shall be known and cited as the "Curfew Ordinance."
It is declared to be the intent of the 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 Council that this curfew ordinance
is in the furtherance of family responsibility and for the health,
safety and welfare of the residents of the Borough of Wilmerding and
those traveling through or visiting within the Borough of Wilmerding.
[Amended 3-5-1996 by Ord. No. 946]
A.
Council finds that there is a need for updating the present Curfew
Ordinance in the Borough of Wilmerding in order to curb and minimize
juvenile delinquency.
B.
Council further finds that the Borough of Wilmerding 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.
C.
Council further finds that parental guidance in the Borough of Wilmerding
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 meets with community standards.
For purposes of this chapter, the following terms shall have
the following meanings:
The curfew sounded at various times 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
as 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, car way, traffic lanes, curbs, sidewalks and grassy areas adjacent
to the legal right-of-way.
The prevailing standard of time during any part of the year,
whether it be Eastern standard time or Eastern daylight saving time.
That 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 his 18th birthdate.
There is hereby ordained to be a curfew in the Borough of Wilmerding
for persons 17 years of age or under to be or remain upon the streets
or public places within the Borough of Wilmerding at night during
the period of time commencing at 10:00 p.m. and ending at 5:00 a.m.
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:
A.
When accompanied by a parent of a minor.
B.
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.
C.
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 at the Municipal Building of
the Borough of Wilmerding a statement regarding the activities to
be conducted, the time they are to be conducted and demonstrating
the purpose 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.
D.
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.
E.
When the minor is on public streets or public ways immediately adjacent
to the minor's residence.
F.
When returning home by a direct route and within one hour of the
termination of any school activity, religious activity 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.
G.
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 purpose
of the trip. This exception shall be applicable for school activities,
voluntary associations and necessary trips during the prohibited periods
of time.
H.
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.
I.
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 Wilmerding Borough by any person.
J.
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.
K.
The foregoing exceptions shall be several. If any of the same 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 too narrow or too broad,
it is the intent of 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 reasonably
be expected to have concerning the whereabouts of a 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.
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 facie 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.
A.
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.
B.
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.
C.
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.
The following penalties are hereby subscribed for violations
of this chapter:
A.
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 may, upon conviction, be fined up to $100, 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 of prosecution
and, upon failure or refusal to so pay, to imprison the parent in
the Allegheny County Jail for a period not exceeding 10 days.
B.
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.
It is also deemed to be a summary violation for a minor to violate
this chapter, and it shall be punishable as follows:
(1)
For the first violation by a minor, the provisions hereinabove prevailing
shall apply. 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.
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. 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.
