Article 3
Curfew
§8-301 Curfew for Minors.
The purpose of this Article is to:
A. Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough of Cornwall.
B. Promote the safety and well being of the Borough of Cornwall’s youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime.
C. Foster and strengthen parental responsibility for children.
(Ord. 2010-5, 10/11/2010, §1)
§8-302 Definitions.
As used within this Article, the following words and phrases shall have the meanings ascribed to them below:
Curfew hours–the hours of 10 p.m. through 6 a.m. the following day on Sunday through Thursday, and 11 p.m. through 6 a.m. the following day on Friday and Saturday.
Emergency–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.
Minor–any person under 18 years of age.
Officer–a police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or ordinances of the Borough of Cornwall.
Parent–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 Article, “parent” shall mean one or both parents.
Person–refers to an individual, not to any association, corporation, or any other legal entity.
Public place–any public street, alley, sidewalk, park, playground, public building or vacant lot in the Borough of Cornwall.
Remain–to stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets, for emergencies or ordinary purposes such as mere passage of going home.
(Ord. 2010-5, 10/11/2010, §2)
§8-303 Exceptions to Curfew.
It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the Borough of Cornwall, to remain in any motor vehicle operating or parked therein or thereon, unless:
A. The minor is accompanied by a parent.
B. The minor is involved in an emergency.
C. The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop.
D. The minor is on the sidewalk directly abutting a place where he or she resides with a parent.
E. The minor is attending an activity sponsored by a school, religious, or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop.
F. The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor’s destination(s) and the hours the minor is authorized to be engaged in the errand.
G. The minor is involved in interstate travel through, or beginning or terminating in, the Borough of Cornwall.
(Ord. 2010-5, 10/11/2010, §3)
§8-304 Unlawful for Parents to Permit Violations.
It shall be unlawful for a minor’s parent to knowingly permit, allow or encourage such minor to violate above §8-303.
(Ord. 2010-5, 10/11/2010, §4)
§8-305 Unlawful for Owner or Operator of Motor Vehicle to Permit Violations.
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of above §8-303.
(Ord. 2010-5, 10/11/2010, §5)
§8-306 Unlawful to Provide False Information.
It shall be unlawful for any person (including any minor) to give a false name, address, or telephone number to any officer investigating a possible violation of this Article.
(Ord. 2010-5, 10/11/2010, §6)
§8-307 Enforcement.
Any minor found upon the streets, alleys, parks or public places within the Borough of Cornwall in violation of §8-303 shall be taken into custody by the Borough of Cornwall police or legally deputized individual, and be delivered to his parent(s), guardian, or person having the legal custody of said minor, at which time both the minor and parent(s), guardian, or person having the legal custody of said minor shall be given and acknowledge in writing their receipt of a copy of this Article. A report of the foregoing, along with the written acknowledgment of receipt of the ordinance, shall be filed and kept in a book for that specific purpose. Upon the second violation by the said minor of §8-303, hereof, said minor shall be issued a citation and shall be remanded to the district justice for disposition. Additionally, said parent(s), guardian or person having the legal custody of said minor shall, having allowed him again to be on the streets, alleys, parks or public places in violation of §8-303, upon such second violation by the said minor of §8-303 hereof and having received a copy of this Article at the time of the first violation, be issued a citation for violation of §8-304 of this Article and shall be remanded to the district justice for disposition.
(Ord. 2010-5, 10/11/2010, §7)
§8-308 Penalties.
Any person who shall violate any provision of this Article shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, and/or to imprisonment for a term not to exceed 90 days.
(Ord. 2010-5, 10/11/2010, §8)
§8-309 Procedure in Case of Repeated Violations or Other Factors Interfering with Enforcement.
Any minor who shall violate this Article more than three times may, at the discretion of the proper Borough of Cornwall officials, be reported to a society 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 other reason for the provisions of §8-301 of this Article cannot be made effective by the imposition of fines and penalties.
(Ord. 2010-5, 10/11/2010, §9)
§8-310 Police Discretion in Age Determination.
The police officers of the Borough of Cornwall 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.
(Ord. 2010-5, 10/11/2010, §10)