Part 3
Nighttime Curfew for Minors
§6-301 Definitions.
As used in this Part, the following terms shall have the meanings indicated:
Establishment–any privately owned place or business carried on for a profit, or any place of amusement or entertainment to which the public is invited.
Official Borough time–Eastern Standard Time (EST) or Eastern Daylight Time (EDT), whichever is in effect.
Parent–any natural parent of a minor, a guardian or any adult person, 18 years of age or over, responsible for the care and custody of a minor. [Ord. 597]
Public place–any public street, highway, road, alley, park, playground, swimming pool, wharf, dock, public ground, public building or vacant lot.
Remain–to loiter, idle, wander, stroll or play in or upon.
(Ord. 434, 10/4/1976, §70-1; as amended by Ord. 597, 12/4/1989, §I; and by Ord. 608, 9/10/1990, §I)
§6-302 Unlawful Conduct of Minors.
1. It shall be unlawful for any minor under the age of 18 years to remain in or upon any public place or any establishment in accordance with the following schedule of hours:
A. Between the hours of 11 p.m. and 6 a.m. on Sunday nights through Thursday nights.
B. Between the hours of 1 a.m. and 6 a.m. on Friday nights and Saturday nights.
Provided, however, that the provisions of this Section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legitimate business directed by such minor’s parent or to any minor who is engaged in gainful, lawful employment during the curfew hours. For purposes of this Section, the term “night” is the span of time from sundown on one day and sunup on the following day.
2. Each violation of the provisions of this Section shall constitute a separate offense.
(Ord. 434, 10/4/1976, §70-2; as amended by Ord. 597, 12/4/1989, §I; by Ord. 608, 9/10/1990, §I; and by Ord. 809, 9/3/2013, §3)
§6-303 Unlawful Conduct of Parents.
1. It shall be unlawful for any parent knowingly to permit any minor under the age of 18 years to remain in or upon any public place or establishment in accordance with the following schedule of hours:
A. Between the hours of 11 p.m. and 6 a.m. on Sunday nights through Thursday nights.
B. Between the hours of 1 a.m. and 6 a.m. on Friday nights and Saturday nights.
Provided, however, that the provisions of this Section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business directed by such minor’s parent or to any parent of a minor engaged in gainful, lawful employment during the curfew hours. For purposes of this Section, the term “night” is the span of time from sundown on one day and sunup on the following day.
2. Each violation of the provisions of this Section shall constitute a separate offense.
(Ord. 434, 10/4/1976, §70-3; as amended by Ord. 597, 12/4/1989, §I; and by Ord. 608, 9/10/1990, §I; and by Ord. 809, 9/3/2013, §3)
§6-304 Enforcement; Violations and Penalties.
1. Any police officer who finds a minor violating the provisions of this Part shall obtain information from such minor as to his name, age, and address and the name and address of his parent or parents. The police officer shall thereupon instruct the minor to proceed to his home forthwith; and/or if the police officer deems it advisable, the police officer shall accompany the said minor to his or her home. The police officer shall ascertain, if possible, if the parent or parents are at home and, if so, shall notify them verbally of the violation. In all cases, the police officer shall make a written report of the violation or violations to his superior officer. A written notice shall be mailed to the parent or parents of the minor advising them of the violation of this Part.
2. Any minor who is convicted of violating §6-302 above, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and of court for each violation together with reasonable attorney fees incurred by the Borough in the enforcement proceeding. [Ord. 825]
3. Any parent who is convicted of violating §6-303 above, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and of court for each violation together with reasonable attorney fees incurred by the Borough in the enforcement proceeding. [Ord. 825]
4. Any parent who shall permit a minor to violate the provisions of this Part after having received written notice of one prior violation or who has himself or herself been convicted of violating §6-303 within the previous 5 years, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs of prosecution and of court for each violation together with reasonable attorney fees incurred by the Borough in the enforcement proceeding. [Ord. 825]
5. Prosecutions shall be before the magisterial district judge for the Borough of Selinsgrove, and all fines imposed; imposed and collected shall be paid into the Treasury of the Borough of Selinsgrove for the general use of the Borough of Selinsgrove. [Ord. 825]
(Ord. 434, 10/4/1976, §70-5; as amended by Ord. 608, 9/10/1990, §I; by Ord. 809, 9/3/2013, §3; and by Ord. 825, 10/3/2016, §5(B))