[HISTORY: Adopted by the Borough Council
of the Borough of Columbia 5-12-2003 by Ord. No. 720 (Ch. 26 of the 1971 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Borough property — See Ch. 90.
This chapter shall be known as the Borough of
Columbia "Curfew Ordinance."
The Borough Council of the Borough of Columbia,
recognizing the problem of crimes committed by and committed against
juveniles during the nighttime and believing that it can be dealt
with more effectively by regulating the hours during which minors
less than 18 years of age may remain in public places and certain
establishments without adult supervision and by defining more clearly
certain duties and responsibilities upon those who have the custody
and responsibility for the care of such minors, hereby enacts this
chapter for the purpose of promoting the general welfare and protecting
the general public through reduction of juvenile violence and crime
within the Borough of Columbia, promoting the safety and welfare of
the Borough citizens under the age of 18 years whose youth and inexperience
renders them particularly vulnerable to becoming the participants
in criminal activity and in being victimized by perpetrators of crime,
and fostering and strengthening parental responsibility for children.
For purposes of this chapter, the following
terms, phrases, words and their definitions shall have the meaning
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural include
the singular and words in the singular include the plural. The word
"shall" is always mandatory and not merely directory.
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights and 11:00 p.m. and 6:00 a.m.
on Friday and Saturday nights.
The Borough of Columbia, Lancaster County, Pennsylvania,
with administrative offices located at 308 Locust Street, Columbia,
Pennsylvania 17512.
Shall refer to the Police Department Headquarters located
at 308 Locust Street, Columbia, Pennsylvania 17512, or any officially
designated precinct of said Department.
Refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life,
limb or property; the term includes, but is not limited to, fires,
natural disasters, automobile accidents, or other similar circumstances.
Any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment.
Any person under the age of 18 years.
Any individual, firm, association, partnership, corporation,
or other entity owning, operating, managing, or conducting any establishment.
Whenever used in any clause prescribing penalties for violations of
this chapter, "operator" shall include the members, partners, officers,
and managers of any such firm, association, partnership, corporation
or other entity.
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or older and who is authorized
by a minor's parent or legal guardian to be responsible, either temporarily
or permanently, for the custody or care of any minor or for the control
of such minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, highways, streets,
alleys, parks, playgrounds, vacant lots, public buildings or grounds,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
To stay behind, to tarry and to stay unnecessarily, to loiter, idle, wander, stroll, to congregate in groups totaling two or more persons in which any minor involved would not be using the public place for purposes accepted pursuant to § 101-5 hereof or to fail to leave the public place when requested to do so by a police officer or the operator or other person in control of the public place. To implement this thought with additional precision and precaution, numerous exemptions and exceptions are expressly set forth in § 101-5 so that this is not a mere prohibitory or presence type chapter.
That time generally observed at that hour in the Borough
administrative offices and Police Department.
Continues from one birthday, such as 17th, to (but not including
the day of) the next, making it clear that 17 or fewer years of age
is herein treated as equivalent to the phrase "under the age of 18
years," unless specifically defined differently herein.
A.
Unlawful conduct of minor. It shall be unlawful for any minor to be and/or remain in or upon any establishment or public place within the Borough of Columbia during the curfew hours, except as otherwise set forth in § 101-5 hereof. It shall further be unlawful for any minor to falsify any documents which said minor is required to carry or present hereunder.
B.
Unlawful conduct of parent. It shall be unlawful for
a parent of a minor to knowingly permit or to allow any minor to whom
he or she is deemed a parent to be and/or remain in or upon any establishment
or public place within the Borough of Columbia under circumstances
not constituting an exception to, or otherwise beyond the scope of,
this chapter. It shall further be unlawful for any parent to falsify
any documents required to be carried by or presented by said minor
hereunder. 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. This provision 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 child.
A.
The following shall constitute valid exceptions/exemptions
to the operation of this chapter and shall be deemed valid defenses
to any prosecution hereunder:
(1)
The minor is accompanied by said minor's parent;
(2)
The minor is on an errand directed by the minor's
parent without any detour or stop, provided that the minor has on
his or her possession written identification and dated evidence of
such parental direction, including a statement of the applicable date
and time;
(3)
The minor is involved in interstate travel through
or beginning or terminating in the Borough of Columbia, provided that
said minor has on his or her possession written identification and
dated evidence of such parental consent, including a statement of
the applicable date and time;
(4)
The minor is engaged in employment activity, or going
to or returning home from an employment activity, without any detour
or stop, provided that said minor has on his or her possession written
identification and dated evidence of such employment activity, including
a statement of the applicable date and time;
(5)
The minor is on the property of or on the sidewalk
abutting a place where he or she resides with a parent or abutting
the residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(6)
The minor is attending or returning from, without
any detour or stop, an official school, religious or other recreational
activity supervised by adults and sponsored by a public organization
or agency, or by another similar organization or entity;
(7)
The minor is involved in an emergency;
(8)
In the case of reasonable necessity, but only after
such minor's parent has communicated to the Police Department personnel
the facts establishing such reasonable necessity relating to specified
establishments or public places at a designated time for a described
purpose including place of origin and destination; a copy of such
communication, or the police record thereof, duly certified by the
Chief of Police to be correct, an appropriate notation of the time
it was received and of the names and addresses of such parent and
minor shall constitute evidence of qualification under this exception;
(9)
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; said minor shall evidence
the bona fides of such exercise and provide notice to Borough of Columbia
officials by first delivering to the Police Department a written communication,
signed by such minor, with his/her home address and telephone number,
addressed to the Mayor of the Borough of Columbia specifying when,
where and in what manner said minor will be in or upon a public place
or establishment during the curfew hours exercising such First Amendment
rights;
(10)
As to an operator, if an operator promptly notified
the Police Department that a minor was present on the premises of
the public place or establishment during curfew hours and refused
to leave upon request to do so by said operator, or his or her agents,
representatives or employees; and
B.
Each of the foregoing exceptions, and their several
limitations, such as provisions for notice and documentation, are
severable as hereinafter provided.
The Chief of Police of the Police Department
is hereby authorized from time to time to promulgate such rules and
regulations, including the extension of the curfew hours for special
occasions, as in his or her opinion shall be necessary or useful in
the enforcement of this chapter, provided, however, that any such
rules and regulations shall be first approved by the Council of the
Borough of Columbia.
A.
A police officer of the Borough of Columbia who has
probable cause to believe that a minor is in violation of this chapter
shall:
(1)
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place; the officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in § 101-5 hereof applies;
(2)
If the police officer ascertains that no violation
has occurred, he shall direct the minor to go promptly home by a direct
route; and
(3)
In the instance that a violation has occurred, unless
the minor is taken into custody, order the minor to go promptly home
by a direct route.
B.
Any minor or parent who violates the provisions of
this chapter for the first time may be issued a citation. The minor
may be taken into temporary custody in which his or her parents or
other appropriate person shall be notified and the minor shall be
released into the custody of the appropriate parent or parents of
the minor or to a brother or sister 18 years of age or older. If no
such person is available after reasonable efforts have been made to
locate such person, then the minor shall be released to such agencies
or institutions as are established for juvenile welfare. When the
parent or siblings arrive, he or she shall be given a copy of this
chapter.
C.
In the case of a violation as noted above by a minor,
the Chief of Police shall, by certified mail, send to the minor and
the minor's parent written notice of said violation. Said notice shall
be sent to the minor's parent at his or her last known address and
evidence of its mailing shall constitute sufficient notice of the
minor's violation.
D.
In the case of a violation as noted in Subsection A hereof by a minor, the Chief of Police shall, by certified mail, send to the minor and the minor's parent written notice of said violation. Said notice shall be sent to the minor's parent at his or her last known address and evidence of its mailing shall constitute sufficient notice of the minor's violation.
A.
Any minor or parent who violates any provisions of this chapter is guilty of a summary offense and, upon conviction thereof, which conviction shall not occur unless appropriate warning has been made pursuant to § 101-7D hereof, shall be fined $100 for the first conviction and be subject to imprisonment for not more than 30 days. Any minor or parent convicted of violating the provisions of this chapter for the second time shall be fined $200, and/or imprisoned for a term not to exceed 90 days. Any minor or parent convicted of violating the provisions of this chapter for the third time shall be fined $250 and/or imprisoned for a term not to exceed 90 days. Any minor or parent convicted of violating the provisions of this chapter for the fourth or subsequent time shall be fined $300 and/or imprisoned for a term not to exceed 90 days.
B.
Any operator convicted of violating the provisions
of this chapter for the first time shall be fined $100, and/or imprisoned
for a term not to exceed 90 days. Any operator convicted of violating
the provisions of this chapter for the second or subsequent time shall
be fined $300 and/or imprisoned for a term not to exceed 90 days.
C.
Each violation of the provisions of this chapter shall
constitute a separate offense.
Severability is intended throughout and within
the provisions of this chapter. If any provision, including inter
alia, any exception, part, phrase or term or the application to any
person or circumstances, 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. The Council of the Borough of Columbia does not intend a
result that is absurd, impossible to execute or unreasonable. It is
intended that this chapter be held inapplicable in such cases, if
any, and where its application would be unconstitutional. A constitutional
construction is intended and shall be given. The Council of the Borough
of Columbia does not intend to violate the Constitution of the Commonwealth
of Pennsylvania or the Constitution of the United States of America.
The Borough Secretary/Treasurer shall provide
notice of this chapter and of the curfew regulations established by
it by having copies of this chapter posted in, on or about such public
or quasi-public places as may be determined by the Mayor, the Borough
Council and Police Department in order that the public may be constantly
informed of the existence of this chapter and its amendments and regulations.
This chapter and the need for it shall be reviewed
annually. By November 1, 2003, and each year thereafter, the Committee
on Public Safety shall review this chapter and report and make recommendations
to the Council of the Borough of Columbia considering the effectiveness
of and the continuing need for this chapter. This report shall include,
but not be limited to, the following information:
A.
The practicality of enforcing the chapter and any
problems with enforcement identified by the Police Department for
the Borough of Columbia;
B.
The impact of this chapter and support programs on
juvenile crime statistics;
C.
The number of juveniles taken into custody for curfew
violations; and
D.
The number of official citizen complaints filed regarding
the enforcement of this chapter.
This chapter shall be cumulative and in addition
to any other laws in force.
