[HISTORY: Adopted by the Borough Council of the Borough of
Pine Grove 5-16-2011 by Ord. No.
416.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
90, Curfew, adopted 9-7-1978 by Ord. No. 236, as amended.
A.
Short title. This chapter shall be known as and may be cited as the
"Minor's Curfew Ordinance."
B.
Intent.
(1)
This chapter is created for the protection of minors from each other
and from other persons, the enforcement of parental control over,
and responsibility for, children, the protection of the general public
from nocturnal criminal mischief by minors, and the reduction of the
incidence of juvenile criminal activities, all for the good of minors,
for the furtherance of family responsibility, and for the public good,
safety, and welfare.
(2)
Those under the age of 18 can become particularly susceptible, because
of their lack of maturity, judgment, and experience, to participate
in unlawful and gang-related activities and to be the victims of older
perpetrators of crime.
(3)
This chapter is not intended to infringe upon the freedoms of resident
youth, but rather to ensure that minors have adequate parental/guardian
supervision during focal times of the day, and to offer support to
minors and parents/guardians experiencing curfew concerns.
(4)
Adequate indoor living space in the Borough permits minors to healthfully
occupy their time.
(5)
Commercial recreational facilities are almost nonexistent, and there
is little or nothing for minors to do outdoors but roam the streets
after the curfew hours.
(6)
The Borough is a stable family community. Parental responsibility
for the whereabouts of children is the norm, legal sanctions to enforce
such responsibility have had a demonstrated effectiveness over the
years, as parental control increases likelihood of juvenile delinquency
decreases, and there is a continuing need for the nocturnal curfew
for minors which has achieved and will continue to achieve under local
conditions the purposes hereinbefore stated.
(7)
A comprehensive Minors Curfew Ordinance for those under the age of
18 can serve the best interests of the public health, safety, and
general welfare of the Borough and will help to attain these objectives
and to diminish the undesirable impact of criminal conduct on the
citizens of the Borough.
(a)
Reducing the likelihood that minors will be the victims of criminal
acts during the curfew hours;
(b)
Reducing the likelihood that minors will become involved in
criminal acts or exposed to narcotics trafficking during the curfew
hours; and
(c)
Aiding parents or guardians in carrying out their responsibility
to exercise reasonable supervision of minors entrusted to their care.
(8)
The Borough hereby finds, determines, and declares that this chapter
is necessary for the immediate preservation of the public health,
safety, and welfare of the citizens residing within the Borough and
to provide for the protection of the welfare of minors within the
Borough of Pine Grove.
C.
Applicability. This chapter shall apply uniformly to all persons
within the Borough of Pine Grove, and shall be binding upon the officials
of the Borough of Pine Grove as specified hereinafter.
D.
Definitions and word usage.
(1)
Unless specifically defined, words or phrases used herein shall be
interpreted so as to give them the same meaning as they have in common
usage and so as to give this chapter its most reasonable application
consistent with the intent and applicability herein expressed.
(2)
The word "shall" is always mandatory and not merely directory.
(3)
Words used in the present tense include the future and past, words
in the plural number include the singular, words in the singular number
include words in the plural, and words either in the feminine, masculine,
or neuter shall include words of the other two genders; EXCEPT where
the context dictates that only the stated tense, number or gender
should apply.
(4)
BOROUGH
COURT
ESTABLISHMENT
MINOR
OPERATOR
PARENT
PUBLIC PLACE
TIME
Throughout this chapter, the following words and phrases shall have
the specific definitions provided:
Pine Grove Borough, Schuylkill County, Pennsylvania, with
administrative offices at One Snyder Avenue, Pine Grove, Pennsylvania,
17963.
Any Magisterial District Justice Office or the Schuylkill
County Court of Common Pleas.
Any organization or place of business carried on for profit
or for nonprofit purposes, or any place of amusement or entertainment
in which the public is invited.
Any person under the age of 18 years of age.
Any individual, firm, association, partnership, or corporation
operating, managing, conducting or working for 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 as well as employees or agents thereof, and as applied to
corporations, shall include officers of the corporation thereof, and,
in the case of any business or other entity operating under a fictitious
name, shall include the owner, and his or her employees or other agents.
Any person having legal custody of a minor:
Any public street, highway, road, alley, park, playground,
sidewalk, vacant lot, or other area generally open to the public.
As referred to herein, is based on the prevailing standard
of time in the Borough, whether Eastern Standard Time or Eastern Daylight
Saving Time, prima facie the time then observed in the Borough administrative
offices and police station.
E.
Application of statutes and ordinances. The provisions of Borough
Code and the Laws, as aforementioned and any other related and applicable
Laws of the Commonwealth of Pennsylvania, including any amendments
thereto, shall apply within the Borough of Pine Grove; except, the
specific provisions of this chapter shall be read to clarify those
provisions. All provisions herein are to be construed, whenever possible,
to be consistent with the provision of the Laws of the Commonwealth
of Pennsylvania; and all provisions herein shall be construed as clarified,
and augmented by applicable provisions of said Laws. Notwithstanding
anything herein provided, the provisions of all the Borough Ordinances
shall apply, except such ordinances are herein or hereafter specifically
amended or repealed.
F.
Repealer. All prior Ordinances, or parts of Ordinances, expressly
inconsistent herewith, or dealing with the same or similar subject
matter of this chapter, are expressly repealed. Specifically repealed,
effective on even date with the effective date of this chapter, are
all provisions, sections, sentences, clauses and parts of Ordinance
Nos. 150, 236, 280, 370 and 375.
A.
Enforcement. The Mayor, through the Borough Police Department under
his control, and in cooperation with any other Borough appointed or
designated official, shall enforce the provisions of this chapter.
B.
Additional remedies.
(1)
In addition to the assessment and fines provided for in this chapter,
a person convicted hereunder shall pay all costs of prosecution.
(2)
In addition to the assessments, fines and costs all other actions
are hereby reserved, including in equity for the proper enforcement
of this chapter.
(3)
The imposition of a fine or other penalty for any violation of, or
noncompliance with, provision of this chapter shall not excuse the
violation or noncompliance or permit to continue; and all persons
shall be required to correct or remedy such violation or noncompliance.
The assessments, fines, penalties, and other actions provided for
in this chapter shall be cumulative and resorting to any one remedy
shall not preclude the Borough from pursuing other remedies provided
for herein or by applicable Laws of this Commonwealth.
A.
No operator of any establishment shall permit any minor to remain
upon the premises of said establishment between the hours of 11:00
p.m. and 6:00 a.m. unless the minor is accompanied by a parent/guardian.
Additionally, all operators of such establishments within the boundaries
of the Borough must post notice in a readily readable size and location
within their establishment stating that all patrons under the age
of eighteen who are not accompanied by a parent/guardian must vacate
the premises at 10:30 p.m. Furthermore, all operators of such establishments
must make a verbal announcement at 10:30 p.m. stating that all patrons
under the age of eighteen who are not accompanied by a parent/guardian
must vacate the premises immediately.
B.
It shall be unlawful for any minor to be at or remain in or upon
any public place during scheduled school hours on any day in which
school is in session in the School District of Pine Grove Area or
other school district, including any charter or private school in
which the child resides and/or is enrolled, unless such minor is on
a scheduled vacation or holiday observed by the school district or
school or that child has permission to be absent from school or to
be in a public place or establishment from an authorized school official.
In case the minor is educated through a home school program pursuant
to Pennsylvania Home Education Program, 24 P.S. § 13-1327.1,
the minor's custodian shall be deemed an authorized school official.
The provisions of this chapter shall not apply to:
A.
Any minor attending an activity sponsored by school, religious, nonprofit,
governmental, or similar organization in which the activity is supervised
by adults, and when returning home by a direct route from (and within
30 minutes of the termination of) such activity.
B.
Any minor or operator of an establishment in which the minor is employed
in lawful employment during curfew hours.
C.
A minor operating a vehicle during nighttime curfew hours, if the
minor possesses a valid senior driver's license.
D.
Any minor traveling directly from their lawful place of employment to their home after working past curfew hours, or is immediately traveling from an activity described in Subsection A, which occurred past curfew hours, and is not engaged in any other activity.
E.
Any minor on active duty in the United States Armed Forces.
F.
When accompanied by an adult authorized, in writing, by a parent
of such minor to take said parent's place in accompanying said
minor for a designated period of time and purpose within a specified
area, which adult shall be 21 years of age or more.
G.
When 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. Such minor shall evidence the bona fides
of such exercise by first delivering to the Borough Council a written
communication, signed by the minor and countersigned by the minor's
parent with their home address and telephone number, specifying when,
where and in what manner said minor will be on the streets or public
property at night in the exercise of a First Amendment right specified
in such communication.
A.
A minor and/or parent may be cited with a summary criminal offense
if the minor is found in violation of curfew. The fine for the first
offense shall be up to $50 and the costs of prosecution. Upon second
violation of this chapter (including situations wherein the first
violation had occurred in another jurisdiction), the fine shall be
a minimum of $50 and a maximum of $200 and the costs of prosecution.
Upon third or subsequent violations of this chapter (including situations
wherein the first or second violation had occurred in other jurisdictions),
the fine shall be a minimum of $100 and a maximum of $1,000 and the
costs of prosecution.
B.
The court is encouraged, when appropriate, to consider counseling
and/or community service or other diversionary programs as an alternative
sentence to the penalties prescribed above.
C.
The court is encouraged to refer unpaid curfew fines and/or sentences
to Juvenile Probation.
D.
Any operator of an establishment knowingly allowing minors to be
upon their premises between the hours of 11:00 p.m. and 6:00 a.m.,
or failing to post notice/make announcement as required by this chapter,
shall pay a fine not exceeding $1,000, or a term of imprisonment not
exceeding 90 days, or both for each minor found to be in violation
of curfew upon the establishment and/or for each day not in compliance
with the posting notice/making verbal announcement stipulation.
E.
Any minor found upon the street or public property within the Borough
in violation of this chapter shall be taken into police custody and
to the Borough police station and/or appropriate curfew center, where
a parent shall be notified immediately to come for such minor. When
a parent has come to take charge of the minor and the appropriate
information has 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 released to the
juvenile authorities.
A.
Severability.
(1)
In the event any provision, section, sentence, clause, or part of
this chapter shall be held to be invalid, such invalidity shall not
affect or impair any remaining provision, section, sentence, clause
or part of this chapter, it being the intent of the Borough Council
that such remainder shall be and shall remain in full force and effect
and for this purpose the provisions of this chapter are hereby declared
to be severable.
(2)
In the event any Legislation by the Commonwealth of Pennsylvania
or by the United States or any regulation promulgated by a duly authorized
agency of the commonwealth or the federal government shall be or become
effective dealing with the same or similar subject matter as that
included in any provision, section, sentence, clause or part of this
chapter, such shall remain in full force and effect if it is more
restrictive, and not inconsistent, with such legislation or regulation,
the more restrictive provision, section, sentence, clause or part
of this chapter shall be interpreted according to such legislation
or regulation and not superseded by it. However, all the remaining
parts of this chapter shall be and shall remain in full force and
effect and for this purpose the provisions of this chapter are declared
to be severable, and, also consist herewith. The provisions of this
chapter may be superseded and automatically amended by any more restrictive
state or federal legislation or any regulations promulgated by a duly
authorized state or federal agency.
B.
Effective date. This chapter shall become fully effective and applicable
on the 15th day after enactment by the Pine Grove Borough Council.
C.
Warning. The degree of protection sought by the provisions of this
chapter is considered reasonable for regulatory purposes.
