[HISTORY: Adopted by the Board of Supervisors
of the Township of Allegheny 7-9-1990 (§§ 6.40 to 6.47 of the 1986 Code). Amendments
noted where applicable.]
This is a Curfew Ordinance prescribing, in accordance
with prevailing community standards, regulations for the conduct of
minors in a public place at night, for the protection of younger children
in the Township of Allegheny from each other and from other persons
in public places during nighttime hours, for the enforcement of parental
control and responsibility for their children, for the protection
of the public from nocturnal mischief by minors and for the reduction
of the incident of juvenile criminal activity, all for the good of
minors, for the furtherance of family responsibility and for the public
good, safety and welfare.
As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined or a guardian
or any adult person responsible for the care and custody of a minor.
When used in this chapter, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building, shopping center, mall, parking lot or vacant lot in the
Township.
To stay behind, to tarry or to stay unnecessarily in a public
place, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using public places for emergencies or ordinary purposes.
The Township of Allegheny, County of Westmoreland and Commonwealth
of Pennsylvania.
It shall be unlawful for any minor to be or
to remain in or upon any public place within the Township between
the hours of 10:00 p.m. and 6:00 a.m., prevailing time, on the following
day. Exceptions to the above are the following:
A.
Minor accompanied by parent, guardian, or other person
having legal care or custody of such minor.
B.
Minor lawfully employed making it necessary to be
on or in a public place.
C.
Minor traveling to or from a special events program
or function sponsored by properly organized and supervised organizations
to advance legitimate recreation, character development, religious
training or school activities in the building of good citizenship
in young people, whereupon the Allegheny Township Police Department
will grant special consideration in such cases upon receipt of notice
thereof and the minors will be permitted to proceed directly home
from the special event without being in violation of this chapter.
The police officers of the Township in taking
minors into custody shall use their discretion in determining age
and in doubtful cases may require positive proof of age. Until such
proof is furnished, the officer's judgment shall prevail.
It is hereby made unlawful for any parent, guardian
or the person having the legal care or custody of a minor to allow
or permit such minor to violate any of the provisions of this chapter
without legal justification therefor.
A.
Any minor found in a public place within the Township in violation of § 92-3 may be taken into custody by the Township police or a legally deputized individual.
(1)
If said minor is taken into custody and if said minor
is a resident of Allegheny Township, said minor shall be turned over
to or delivered to his or her parent(s), guardian or person having
the legal custody of said minor.
(2)
If said minor is taken into custody and if said minor
is not a resident of Allegheny Township, said minor shall be detained
at the police station until his or her parent, guardian or person
having legal custody of said minor appears at the police station,
at which time said minor shall be turned over to or delivered to the
parent, guardian or person having legal custody appearing at the police
station. If, within a reasonable time not to exceed two hours after
the police have taken said minor into custody, no parent, guardian
or person having legal custody of said minor has appeared to take
delivery of said minor, then the police shall turn over to or deliver
said minor to the juvenile authorities of Westmoreland County.
B.
If any minor found in a public place within the Township in violation of § 92-3 does not immediately disclose his or her identity or place of residence, the Allegheny Township police may take such minor into custody for questioning and investigation to determine said minor's identity and residence. If, within a reasonable time not to exceed two hours after the police have taken said minor into custody, the police have not determined the identity and residence of said minor, then the police shall turn over to or deliver said minor to the juvenile authorities of Westmoreland County.
C.
A report of the violation and action taken shall be
filed and kept in a book for that specific purpose.
D.
If said parent, guardian or person having the legal
custody of said minor shall again allow said minor to be in a public
place in violation of the purposes and provisions of this chapter,
said parent, guardian or person having the legal custody of said minor
so offending may, upon the second offense, be called along with the
minor offender and be so advised as to the penalty provisions contained
in this chapter.
E.
Upon the third violation, said parent, guardian or
person may be remanded to the District Justice for disposition.
Any minor who shall violate this chapter more
than three times may be reported to a society, governmental agency
or organization, the purpose of which is to take charge of incorrigibles
and delinquents, and proceedings shall then be taken in the proper
court for the permanent welfare of such minor and a like procedure
may be taken in cases where the arrest of the parent is not effective,
or where for any reason the purposes and provisions of this chapter
cannot be made effective by the imposition of fines and penalties.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600, and/or to imprisonment for a term not
to exceed 90 days.
