City of Williamsport Curfew Ordinance

SECTION 01         Title

SECTION 02         Legislative Intent
SECTION 03         Definitions
SECTION 04         Unlawful Conduct of Minors
SECTION 05         Unlawful Conduct of Parent or Guardian
SECTION 06         Unlawful Conduct of Establishment Operator
SECTION 07         Penalties
SECTION 08         Police Procedure
SECTION 09         Exceptions
SECTION 10         Annual Review

SECTION 01 TITLE

This ordinance shall be known as the "City of Williamsport Curfew Ordinance".

SECTION 02 LEGISLATIVE INTENT

The City of Williamsport recognizes that there is a health, safety, and welfare concern relating to crimes committed by, and committed against minors during nighttime hours; and believes that this problem can be dealt with more effectively by regulating the hours during which minors 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 care of such minors. Therefore, the City of Williamsport hereby enacts this ordinance to enhance the health, safety, and welfare of minors within the City of Williamsport, whose youth and inexperience renders them particularly vulnerable to becoming participants in criminal activity and in being victimized by perpetrators of crime, to foster and strengthen parental responsibility for such minors, and to protect and promote the welfare of the general public through reduction of juvenile crime and violence within the City of Williamsport.

SECTION 03 DEFINITIONS

For purposes of this ordinance, the following terms, phrases, and words shall have the meaning given herein:

CITY - The City of Williamsport, Lycoming County, Pennsylvania. ESTABLISHMENT - Any privately owned place of business operated for profit to which the public is invited, including but not limited to any place of amusement or entertainment.

MINOR - Any person under the age of 18.

 

CITY OF WILLIAMSPORT, PA

FILE OF CITY COUNCIL

AN ORDINANCE

OPERATOR - Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of the corporation.

PARENT - Any person having legal custody of a minor as a natural or adoptive parent or as a person to whom legal custody has been given by order of court.

PUBLIC PLACE - Any place to which the public or a substantial group of the public has access and includes, but is not limited to, the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.

REMAIN - To linger or unnecessarily stay, or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.

STREETS - A way or place, of whatsoever nature, open to use by the public as a matter of right for purposes of vehicular travel, or in the case of a sidewalk thereof, for pedestrian travel. This includes the legal right-of-way, including but not limited to the cartway or traffic lanes, the curb, the sidewalks, whether paved or unpaved, and any grass plots or other grounds found within the legal right-of-way of a "street". The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise.

SECTION 04 UNLAWFUL CONDUCT OF MINORS

No minor shall be or remain upon any public place, street, or any establishment between the hours of 11 p.m. and 5 a.m., unless such minor is accompanied by a parent, guardian or a person who stands in Ioco parentis,subject to the exceptions specified in section 09 of this ordinance.

SECTION 05 UNLAWFUL CONDUCT OF PARENT OR GUARDIAN

No parent, guardian, or custodian of a minor shall allow or permit said minor to remain in or upon any public place, street, or any establishment in violation of section 04 of this ordinance.

SECTION 06 UNLAWFUL CONDUCT OF ESTABLISHMENT OPERATOR

No operator of an establishment, firm, or corporation, or in charge of any place of amusement, entertainment or refreshment, or other place of business, shall allow or permit any minor to remain in or upon any public place or establishment in violation of section 04 of this ordinance.
 

CITY OF WILLIAMSPORT, PA

FILE OF CITY COUNCIL

AN ORDINANCE

SECTION 07 PENALTIES

A. Any minor who violates section 04 of this ordinance, and any parent or guardian who violates section 05 of this ordinance, is guilty of a summary offense and, upon

conviction, shall be sentenced to pay a fine and other action as follows:

1. First offense: up to $25.

2. Second offense: up to $50.

3.   Third or subsequent offense: up to $300. Minors are subject to referral to the juvenile court system or Lycoming County Children and Youth Services.

B.        Any operator who violates section 06 of this ordinance is guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of not less than $50 dollars, nor more than $1,000 dollars, for each minor present in violation this ordinance.

SECTION 08 POLICE PROCEDURE

A.    Every police officer while on duty upon finding or having attention called to any minor upon a public place, street, or establishment in prima facie violation of this ordinance is hereby authorized to detain said minor.

B.    Upon determination of a violation, a minor in possession of valid photo identification or for whom a parent or guardian has verified the minor's name, date of birth, and address, may be issued a summary citation. The minor may be released from the scene of detention either into the custody of a parent or guardian or to return directly home.

C.    A minor so detained for whom no identification can be verified may be taken into custody and transported to police headquarters. Once identified, said minor may be issued a summary citation and released to a parent, guardian, or responsible adult. If no one can be contacted to take custody of said minor, the police officer shall contact Lycoming County Children and Youth Services for placement of said minor.

SECTION 09 EXCEPTIONS

A. The provisions of this ordinance shall not apply to any minor who is engaged in gainful, lawful employment during the curfew hours or who is traveling to or from such employment.

B.    The provisions of this ordinance shall not apply to any minor who is on active duty in the United States Armed Forces.

C. The provisions of this ordinance shall not apply to any minor who is attending any scheduled school, artistic, civic, cultural, educational, religious, or sporting event.

CITY OF WILLIAMSPORT, PA

FILE OF CITY COUNCIL

AN ORDINANCE

D.    The provisions of this ordinance shall not apply to a minor who is returning home from, by a direct route and within thirty (30) minutes of the termination of any event mentioned in (C).

E.    The provisions of this ordinance shall not apply to a minor who is married or emancipated by State law.

F. The provisions of this ordinance shall not apply to a minor who is on the sidewalk of the place where the minor resides or on the sidewalk abutting the minor's residence.

SECTION 10 ANNUAL REVIEW

This ordinance and the need for it shall be reviewed annually. By October 31stof each year, the Mayor and/or the Police Chief of the City of Williamsport shall review this ordinance and report and make recommendations to the Williamsport City Council concerning the effectiveness of and the continuing need for this ordinance. This report shall include the following information:

1.    The practicality of enforcing this ordinance and any problems with enforcement identified by the Williamsport Bureau of Police.

2.    The impact of this ordinance on "juvenile crime".

3.         The number of citations issued to minors.

4. The number of minors referred to the juvenile court system and Lycoming County Children and Youth Services.

5.    The number of official complaints filed regarding the enforcement of this ordinance and the disposition and/or resolution of any such complaints.