[HISTORY: Adopted by the Borough Council
of the Borough of South Waverly 6-3-2002 by Ord. No. 6-3-2002. Amendments
noted where applicable.]
This chapter shall be entitled "An Ordinance
of the Borough of South Waverly, Bradford County, Pennsylvania, Establishing
a Curfew During Nocturnal Hours for Minor Children Under the Age of
18 Years."
A.
It is hereby declared to be the policy of the Borough
of South Waverly to minimize nocturnal crime, juvenile delinquency
and criminal mischief and to prevent the destruction and damage of
both public and private property. By this chapter, the Borough of
South Waverly seeks to promote the safety and general welfare of the
residents of the Borough of South Waverly by prescribing, in accordance
with prevailing community standards, regulations concerning the presence
of minors on streets, roads, highways, establishments, or other public
areas of the Borough at night, all for the good of minors, for the
furtherance of family responsibility and for the public good, safety
and welfare.
B.
Borough Council finds that a curfew for minors meets
a very local need and will be a significant factor in minimizing juvenile
delinquency. This chapter also takes into consideration the danger
hours for nocturnal crime and accumulations of minors with potential
risks incident to immaturity. Parental responsibility for the whereabouts
of children is the norm. Further, as parental control increases, the
likelihood of juvenile delinquency decreases. Therefore, the Borough
of South Waverly finds there is a need for a nocturnal curfew for
minors, to achieve under local conditions the purposes herein stated.
C.
The Borough has the authority to arrest individuals
in violation of this chapter under 53 P.S. § 46121 of the
Borough Code. That statute provides that Borough police officers can
arrest without a warrant any and all persons guilty of breach of the
peace, vagrancy, riotous or disorderly conduct or drunkenness, or
who may be engaged in the commission of any unlawful act tending to
imperil the personal security or endanger the property of the citizens,
or for violating any ordinance of the Borough for the violation of
which a fine or penalty is imposed, and notwithstanding any statute
pertaining to the same or similar offenses.
A.
As used in this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
- BOROUGH or BOROUGH OF SOUTH WAVERLY
- The Borough of South Waverly, Bradford County, Pennsylvania.
- MINOR
- Any person under the age of 18, or in equivalent phrasing often herein employed, any person 17 or less years of age.
- PARENT
- Any person having legal 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 legal custody has been given by court order.
- PUBLIC AREAS
- Includes, but is not limited to, recreational and other places, whether privately or publicly owned and open to the public, and those places visited by many persons and accessible to the public.
- REMAIN and LOITER
- To stay behind, to tarry or to stay unnecessarily upon the streets, roads, highways, establishments, public parks or any other public area, including congregating in groups (or of interacting minors) in which any minor involved would not be using the streets, roads, highways, establishments, public parks or other public areas for ordinary or serious purposes such as mere passage or proceeding home. (To implement this definition with additional precision and precaution, numerous exceptions are expressly set forth in § 53-5 hereof so that this is not a mere prohibitory-type curfew local law.)
- STREET, ROAD and HIGHWAY
- 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 terms "street," "road" and "highway" include the legal right-of-way, including but not limited to traffic lanes, curbs, sidewalks, whether paved or unpaved, and any grass plots or other ground found within the legal right-of-way of a "street," "road" or "highway." The terms "street," "road" and "highway" apply irrespective of what they are called or formally named, whether an alley, avenue, court, drive, boulevard or otherwise.
- TIME OF NIGHT and TIME OF MORNING
- 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 Borough.
- YEARS 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 less years of age is herein treated as equivalent to the phrase "under 18 years of age."
B.
The word "shall" is mandatory; the word "may" is permissive.
It shall be unlawful and a violation of this
chapter for any person 17 or less years of age (under 18) to be or
loiter or remain in or upon the streets, roads, highways or other
public areas within the Borough of South Waverly at night during the
following periods of time.
A.
Week nights when school is in session, which shall
consist of that time beginning at 11:00 p.m. on Sunday, Monday, Tuesday,
Wednesday or Thursday night through 6:00 a.m. on the following morning.
B.
Week nights when school is not in session, which shall
consist of that time beginning at 12 midnight on Sunday, Monday, Tuesday,
Wednesday or Thursday night through 6:00 a.m. on the following morning
of the day when school is not in session.
C.
Weekends, which shall consist of that time beginning
at 12 midnight on Friday or Saturday night through 6:00 a.m. on the
following morning.
In the following exception cases, a minor on or upon a Borough street, road, highway, establishment or other public areas during the nocturnal hours for which § 53-5 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
A.
When the minor is on the sidewalk abutting the minor's
residence, and either next-door neighbor has not communicated an objection
to a police officer.
B.
When the minor is traveling in a direct route to or
from his or her residence to or from his or her place of employment
and carries a signed statement from the employer briefly identifying
the minor, the address of the minor's residence, the name and address
of the minor's place of employment, the name and title of the minor's
employer who signed the statement and the minor's hours of employment.
C.
When the minor is traveling in a direct route to or
from his or her residence to or from an adult-supervised or adult-sponsored
religious, school, civic, recreational or entertainment activity or
adult-supervised or adult-sponsored organized dance.
D.
When the minor, while a bona fide member of a volunteer
fire department or organization, is traveling in a direct route to
or from his or her residence to or from the scene of a fire or other
Fire Department authorized emergency incident and carries an authentic
membership card denoting the minor's active membership in that volunteer
Fire Department or organization.
E.
When the minor is attending or traveling in a direct
route to or from his or her residence to or from an assembly involving
the exercise of First Amendment rights protected by the Constitution
of the United States of America.
F.
When the minor is accompanied by his or her parent
or guardian.
G.
When the minor is accompanied by an adult authorized
by the parent or guardian of the minor.
H.
When the minor is upon an emergency errand.
A.
It shall be unlawful and a violation of this chapter
for a parent, as defined herein, having legal custody of a minor,
knowingly to permit or by inefficient control to allow such minor
to be or remain or loiter upon any street, road, highway, establishment,
public park or other public areas of the Borough under circumstances
not constituting an exception to, or otherwise beyond the scope of
this chapter.
B.
The term "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the location or whereabouts
of a minor in that parent's legal custody. It is intended to continue
to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It
shall be no defense that a parent was completely indifferent to the
activities or conduct or whereabouts of such minor.
[Amended 6-2-2010 by Ord. No. 06-02-10-02[1]]
A.
Any officer of the contracting police force who finding or having attention called to any minor on or upon the streets, roads, highways, establishments, public parks, or any other public areas of the Borough in prima facie violation of the provisions of § 53-4, Hours of establishment, shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:
(1)
Shall
obtain information from such minor as to his or her name, address,
age, and the name of his or her parent or parents; and
(2)
Instruct
the minor to proceed to his or her home forthwith; or
(3)
Transport
the minor to his or her home forthwith; or
(4)
Transport the minor to the appropriate police station, where without unnecessary delay, the officer or a superior officer may issue a citation. The officer shall immediately notify the parent, guardian or other custodian of the minor's whereabouts. When a parent, guardian or other custodian arrives at the station, the minor will be released to the custody of said parent, guardian or other custodian, who shall thereupon be issued written notice that the minor has violated the provisions of § 53-4. If a parent or guardian or custodian cannot be located within a reasonable time, the minor may be released, unless other action is warranted under and pursuant to the pertinent provisions of the Juvenile Act. (42 Pa. C.S.A. 6301, et seq.)
B.
The contracting police force shall have the power
and duty to enforce the provisions of this chapter.
[1]
Editor’s Note: This ordinance also provided for an effective
time and date of midnight on 6-30-2010, further providing that the
South Waverly Borough Police Department be disbanded at that time
contemporaneously with the commencement of police services in South
Waverly Borough by Sayre Borough Police Department pursuant to an
agreement of 3-1-2010.
A parent or guardian who violates this chapter
shall, upon the first violation, be issued a warning notice; upon
the second violation, be subject to a fine of not more than $25; upon
the third violation, be subject to a fine of not more than $100; upon
the fourth violation and every offense thereafter, be subject to a
fine of not more than $300.
