[Ord. 2009-09-02, 9/14/2009]
This Part shall be known and may be cited as the "Red Lion Borough
Curfew Ordinance."
[Ord. 2009-09-02, 9/14/2009]
1. The York County Curfew Task Force, a subcommittee of the York County
Truancy Task Force, has recommended uniformity among municipal curfew
ordinances. Red Lion Borough adopts the recommendations of the task
force by reference, summarized by finding that this Part is necessary
to regulate the conduct of minors during nighttime hours because minors
are at a higher risk of becoming victims of crime, engaging in illegal
behavior, and being truant.
2. Red Lion Borough also adopts the task force position that parents
who are negligent in monitoring their children's whereabouts
should also be held accountable, and businesses that encourage or
permit unsupervised minors to patronize their establishments during
late night hours should also be held accountable.
3. The purpose of this Part is to protect the public from nocturnal
mischief by minors, for the reduction of incidence of juvenile criminal
activity, for furtherance of family responsibility, and promotion
of public good, health, safety and welfare of the residents of Red
Lion Borough.
[Ord. 2009-09-02, 9/14/2009]
1. The following words and phrases, when used in this Part, shall have
the following meanings except where the context or language clearly
indicates or requires a different meaning:
BOROUGH
The Borough of Red Lion, York County, Pennsylvania.
ESTABLISHMENT
Any privately owned place of business carried on for a profit,
or any place of amusement or entertainment in which the public is
invited.
MINOR
Any person under the age of 18 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator," as
applied to associations or partnerships shall include members or partners
thereof and as applied to corporations, shall include officers thereof.
The term "operator" shall also include the manager or any employee
in charge of the operation of the establishment.
PARENT
Any natural parent of a minor, as herein defined, or a guardian,
or any adult responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground,
sidewalk, vacant lot, or other area generally open to the public,
including a parked vehicle and any of the said locations in Red Lion
Borough.
REMAIN
To stay behind; to stay unnecessarily.
2. In this Part the singular shall include the plural, the plural shall
include the singular, the masculine shall include the feminine and
the neuter gender.
[Ord. 2009-09-02, 9/14/2009]
1. Unless accompanied by a parent/guardian, it shall be unlawful for
any minor to be or remain in or upon any public place between the
hours of 12 midnight and 6:00 a.m.
2. No owner or operator of an establishment shall permit any minor to
remain upon the premises of said establishment between the hours of
12 midnight and 6:00 a.m., unless accompanied by a parent.
3. No parent shall allow or permit a minor to violate the provisions
of this Part without legal justification therefor.
4. Exceptions.
A. Approved adult chaperones, coaches, mentors, etc., may substitute
for a parent/guardian in situations where the minor is attending an
activity sponsored by a school, religious, nonprofit, government,
athletic, or similar organization.
B. Circumstances wherein minors are legally employed or serving as junior firefighters or ambulance personnel shall constitute exemptions from Subsection
1 and/or Subsection
2 above.
C. Minors possessing a senior driver's license and legally operating a vehicle for the purposes of Subsection
1 and/or Subsection
2 above shall be exempt from Subsection
1 above.
D. Minors possessing a written document, dated that same day and signed by a parent/guardian, specifying the starting/ending times, place(s), purpose, and necessity of the minor being in a public place shall constitute exemption from Subsection
1 and/or Subsection
2 above.
[Ord. 2009-09-02, 9/14/2009]
Police officers shall use their discretion when taking minors
into custody in determining age. In any doubtful case, police may
require positive proof of age, and until such proof is furnished,
the judgment of the police officer shall prevail.
[Ord. 2009-09-02, 9/14/2009]
1. Minors and/or negligent parents/guardians who shall violate this
Part shall, upon conviction thereof, pay a fine as follows:
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First offense—not more than $100.
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Second or subsequent offenses—not more than $300.
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2. Operators and/or owners of establishments who knowingly or negligently violate §
6-304, Subsection
2, above, shall, upon conviction, pay a fine of not more than $300 for each minor found to be upon their premises in violation of §
6-304, Subsection
1, above.
3. All offenders who are convicted under this Part shall also pay the
costs of prosecution, and in default of said payment of fines and
costs, shall undergo imprisonment for a period not to exceed 30 days,
or the period provided by law for summary offenses, whichever is less.
4. The Court may authorize diversionary and/or other alternative penalties
(community service, counseling, educational classes, etc.) in lieu
of imposed fines for minors, parents/guardians, or business operators.