Borough of Lewistown, PA Chapter 115 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Lewistown 7-9-2012 by Ord. No. 2012-6. Amendments noted where applicable.]

§ 115-1 Purpose.

The purpose of this chapter is to:

A. Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough;

B. Promote the safety and well-being of the Borough's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and

C. Foster and strengthen parental responsibility for children.

§ 115-2 Curfew period; curfew warning signal.

The curfew period in the Borough of Lewistown for minor children under 18 years of age (hereafter "minors") is the period beginning at 11:00 p.m. each day and ending at 5:00 a.m. the next day. As a public accommodation or public service, the Borough may cause a curfew warning signal (such as a fire whistle, civil defense siren, or the like) to be sounded at 10:30 p.m.

§ 115-3 Prohibited conduct.

A. It shall be unlawful for a minor, during curfew hours, to remain in or upon any place within the Borough to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, apartment houses, office buildings, transportation facilities and shops; to remain in any motor vehicle operating or parked therein or thereon; or to remain in or upon the premises of any privately owned place of business within the Borough operated for a profit, to which the public is invited, including, but not limited to, any place of amusement, unless:

(1) The minor is accompanied by a parent, a person judicially appointed as a legal guardian of the minor, or a person 18 years of age or older standing in loco parentis. As used in this chapter, the phrase "in loco parentis" refers to a person who puts himself in the situation of the lawful parent by assuming the obligations incident to the parental relationship without going through the formality of legal adoption;

(2) The minor is involved in an emergency, defined as unforeseen circumstances or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property, such as fires, natural disasters, automobile accidents, or other similar circumstances;

(3) The minor is engaged in an employment activity or is going to or returning home from such activity, without detour or stop;

(4) The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop;

(5) The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s), and the hours the minor is authorized to be engaged in the errand;

(6) The minor is involved in interstate travel through, or beginning or terminating in, the Borough; or

(7) The minor is 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.

B. It shall be unlawful for a minor's parent, a person judicially appointed as a legal guardian of the minor, or a person 18 years of age or older standing in loco parentis to knowingly permit, allow or encourage such minor to violate the above Subsection A.

C. It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of the above Subsection A.

D. It shall be unlawful for any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) of any privately owned place of business within the Borough operated for a profit, to which the public is invited, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave.

E. It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this chapter.

§ 115-4 Enforcement.

A. Before taking any enforcement action hereunder, a police officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or business establishment within the Borough during curfew hours is in violation of the above § 115-3, Prohibited conduct.

B. If a police officer determines that there has been a violation of the above § 115-3, Prohibited conduct, the police officer shall deliver (or make arrangements to deliver) the minor to a parent, a person judicially appointed as a legal guardian of the minor, or a person 18 years of age or older standing in loco parentis. If a minor refuses to give a police officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours or, if located, no parent appears to accept custody of the minor, the minor may be placed in the custody of juvenile authorities to be dealt with in the manner and pursuant to such procedures as required by law.

C. If a police officer determines that there has been a violation of the above § 115-3, Prohibited conduct, the police officer may issue a summary citation to the minor or such other person, firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) as may be applicable.

§ 115-5 Violations and penalties.

A. A minor who violates any provision of this chapter shall be guilty of a summary offense and, upon conviction before a Magisterial District Judge of appropriate jurisdiction, shall be sentenced to pay a fine of not more than $600 and the costs of prosecution and, upon failure to pay such fine and costs, shall be referred to the appropriate juvenile authorities.

B. An adult, firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) who violates any provision of this chapter shall be guilty of a summary offense and, upon conviction before a Magisterial District Judge of appropriate jurisdiction, shall be sentenced to pay a fine of not more than $600 and the costs of prosecution and, upon failure to pay such fine and costs, shall be imprisoned for a term not to exceed 10 days.