[HISTORY: Adopted by the Board of Commissioners of Penn Township 6-15-1992 by Ord. No.
445 (Ch. 68 of the 1975 Code). Amendments noted
where applicable.]
This chapter shall be known and may be referred to as the "Curfew
Ordinance."
A.
The Penn Township Board of Commissioners deems it necessary to prescribe,
in accordance with prevailing community standards, regulations for
the conduct of minors on streets at night.
B.
The Board finds that a curfew meets a very real local need in minimizing
juvenile delinquency and should be adopted and amplified in light
of Penn Township's local situation. Penn Township was a rural
community that evolved into both a residential community and the home
of several major industries in southwestern York County. Over the
years, the Township has enjoyed a steady increase in population. Penn
Township is currently 13.2 square miles in size and is located adjacent
to the Borough of Hanover. The Township is 18 miles southwest of York
and 42 miles north of Baltimore, Maryland. The Municipal Offices and
Police Headquarters are located at 20 Wayne Avenue. Although the Township
has evolved into a mix of residential, commercial and industrial areas,
it is still primarily a suburban community. This community's
sense of the proper time for cessation of outdoor activities by minors
on the streets is reflected in the curfew hours declared by this chapter,
which takes into consideration the danger hours for nocturnal crime
and for accumulations of minors with potential risks incident to immaturity.
C.
The rate of growth in Penn Township has been fairly consistent with
growth trends throughout York County. Population density is 882 people
per square mile. The current trend appears to be toward rapid growth
in the southern region and is expected to continue and expand further
north.
D.
According to the Township's Comprehensive Plan of 1990, the
total area is 8,355 acres, with the following projected uses: 5,600
acres 67% for residential land use, 700 acres 8.4% for public/semipublic
uses and the remaining acreage 24.6% for a combination of commercial,
industrial, office and institutional use. The majority of the residential
land use is for medium density. Adequate indoor living space permits
minors in Penn Township to healthfully occupy their time. Commercial
recreation facilities are limited, and there is little or nothing
for minors to do outdoors after the curfew hours herein declared but
roam the streets.
E.
Based on the 2010 Census figure for persons under 18 years of age,
the Board finds that there are 3,602 minors residing in Penn Township.
There are about 300 minors for each school grade. Penn Township has
two elementary schools, one middle school for grades five through
eight and one high school. The middle school and the high school also
accommodate students from neighboring Manheim and West Manheim Townships.[1]
F.
Based on the 2010 Census figure, the Board further finds that the
Penn Township population is 15,612. There are 6,041 households averaging
2.94 persons per household and 3,397 heads of family households. In
2,953 households (87%), there are husbands and wives.[2]
G.
Penn Township is a stable family community. Parental responsibility
for the whereabouts of children is the norm. As parental control increases,
the likelihood of juvenile delinquency decreases, and it is appropriate
to enact a curfew ordinance to enhance and require parental control
over minors during nighttime hours.
A.
Word usage.
(1)
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 mandatory and not merely directive.
(2)
Time of night referred to herein 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 Township,
prima facie the time then observed in the Township Administrative
Offices and Police Department.
(3)
Year of age 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 fewer years of age is herein treated as equivalent
to the phrase "under 18 years of age."
B.
MINOR
PARENT
REMAIN
STREET
The definitions as set forth in Chapter 142, the Penn Township Ordinance of Definition, are hereby incorporated into this chapter. In addition, the following definitions shall apply:[1]
Any person under the age of 18 years.
Any person having 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 physical custody has been given by order of
court.
To stay behind, to tarry and to stay unnecessarily upon the
streets which any minor involved would not be using for ordinary or
serious purposes such as mere passage or going home.
A way or place, of whatever 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 of traffic lanes, the curb, the sidewalks, whether paved or
unpaved, and any grass plots or the 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.
[Amended 6-16-2003 by Ord. No. 596]
It shall be unlawful and a violation of this chapter for any
minor to be or remain in or upon the streets within the Township during
the period ending at 6:00 a.m. and beginning:
In the following exceptional cases, a minor on the Township street during the hours set forth in § 136-4 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.
C.
When exercising rights protected by the United States Constitution
or its Amendments, such as the free exercise of religion, freedom
of speech and the right of assembly. The minor shall first deliver
to the Police Department at the Township Municipal Building at 20
Wayne Avenue a letter signed by such minor and countersigned by a
parent of such minor stating their home address, telephone number
and specifying where and in what manner the minor will be on the streets
during hours when this chapter is otherwise applicable.
D.
In the case of reasonable necessity as determined by the Chief of
Police or his designee, but only after such minor's parent has
written to the Township Police Department stating their name, address,
telephone number and the facts establishing such reasonable necessity
and specifying streets and times for the described purpose, including
points of origin and destination.
E.
When the minor is on the sidewalk of the place where such minor resides
or on the sidewalk of either next-door neighbor, if this neighbor
does not object to the minor's presence.
F.
When proceeding by a direct route to or from home, work, a school
activity or an activity of religious or other voluntary association,
provided that it is within 1/2 hour of the start or end of the work
or activity.
G.
When authorized by the Chief of Police or his designee when necessary
nighttime activities of a minor may be inadequately provided for by
other provisions of this chapter.
H.
When the minor is in a motor vehicle engaged in normal travel and
with parent's consent, or if the minor is engaged in interstate
travel.
[Amended 6-16-2003 by Ord. No. 596]
It shall be unlawful and a violation of this chapter for a parent
of a minor knowingly to permit or, by inefficient control, to allow
such minor to be or remain upon any Township street in violation 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 custody.
A.
A policeman of the Township, upon finding or having attention called
to any minor on the streets in prima facie violation of this chapter,
normally shall take the minor to the Township Police Department office,
where a parent shall immediately be notified to come for such minor,
or at the officer's discretion may deliver the minor to the minor's
home. In the absence of convincing evidence, such as a birth certificate,
a police officer shall in the first instance use his best judgment
in determining age.
B.
When a parent has taken charge of the minor and the identity, address
and age of the minor and the identity and address of the minor's
parents have 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 temporarily be entrusted
to a relative, neighbor or other person who will on behalf of a parent
assume responsibility of caring for the minor pending the availability
or arrival of a parent.[1]
[1]
Editor's Note: Original Subsection C, regarding first
violations, which immediately followed this subsection, was repealed
6-16-2003 by Ord. No. 596.
[Amended 6-16-2003 by Ord. No. 596]
A.
In the case of a first violation by a minor, the Chief of Police
shall send to a parent written notice of said violation with a warning
that any subsequent violation will result in full enforcement of this
chapter. The Chief of Police shall retain a copy of the letter, or
the identifying information pertaining to the minor, for reference
in the event of a subsequent violation.
B.
In the case of a second or subsequent violation by a minor, the penalties for violation of this chapter shall be those set forth in Chapter 1, Article II, of the Penn Township Code. The penalties shall be imposed upon the parent of the minor and/or upon any minor who is 14 years of age or older at the time of the violation.
A.
It is intended that this chapter 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.
B.
Severability is intended throughout and within the provisions of
this chapter. If any provision, including inter alia any exception,
part, phrase or term or application thereof to any person or circumstance
is held invalid, the application to other persons or circumstances
shall not be affected thereby and the validity of this chapter in
any and all other respects shall not be affected thereby.
