CHAPTER 130: CURFEW
Section
   130.01   Short title
   130.02   Purposes and findings
   130.03   Definitions
   130.04   Curfew for minors
   130.05   Parental responsibility
   130.06   Exceptions
   130.07   Enforcement
   130.08   Construction
 
   130.99   Penalty
§ 130.01 SHORT TITLE.
   This chapter shall be known and may be cited as “the curfew ordinance.”
(Prior Code, Ch. 6, Pt. 1, § 101) (Ord. 2-86, passed 7-7-1986)
§ 130.02 PURPOSES AND FINDINGS.
   This is an updating of the borough curfew ordinance of August 1, 1966. It prescribes, in accordance with prevailing community standards, regulations for the conduct of minors on streets and in other public places at night, all for the good of minors, furtherance of parental responsibility, and the public good, safety, and welfare.
   (A)   Council finds that the curfew meets a very real local need, has been over the years a significant factor in minimizing juvenile delinquency, and should be updated and amplified in light of the borough’s local situation.
   (B)   The community sense of the proper time for cessation of outdoor activities by minors on streets and other public places is reflected in the curfew hours declared by this chapter which takes into consideration also the danger hours for nocturnal crime and for accumulations of minors with potential risks incident to their immaturity.
   (C)   Parental responsibility for the whereabouts of their children is the norm; legal sanctions to enforce such responsibility have had a demonstrated effectiveness over the years; as parental control increases, likelihood of juvenile delinquency decreases, and there is a continuing need for nocturnal curfew for minors which has achieved, and will continue to achieve under local conditions, the purposes hereinbefore stated.
(Prior Code, Ch. 6, Pt. 1, § 102) (Ord. 2-86, passed 7-7-1986)
§ 130.03 DEFINITIONS.
   For the purposes of this chapter, the following terms, phrases, words, and their derivations 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 number include singular and words in the singular include the plural. The word “shall” is always mandatory and not merely directory.
   BOROUGH. The Borough of Bedford, Bedford County, Pennsylvania, with administrative offices at 244 West Penn Street, Bedford, Pennsylvania 15522.
   MINOR. Any person under the age of 18 years.
   PARENT. Any person having legal custody or control of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis, or as a person to whom legal custody has been given by order of court.
(Prior Code, Ch. 6, Pt. 1, § 103) (Ord. 2-86, passed 7-7-1986)
§ 130.04 CURFEW FOR MINORS.
   Except as provided in § 130.06 hereof, it shall be unlawful for any person under the age of 18 years to be, or remain in or upon any of the streets, alleys, parks, or other public places in the borough between the hours of 11:30 p.m. and 5:00 a.m.
(Prior Code, Ch. 6, Pt. 1, § 104) (Ord. 2-86, passed 7-7-1986) Penalty, see § 130.99
§ 130.05 PARENTAL RESPONSIBILITY.
   (A)   (1)   Except as provided in § 130.06, it shall be unlawful for any parent, as defined in this chapter, to knowingly permit, or by inefficient control to allow, any minor to be or remain in or upon any of the streets, alleys, parks, or other public places in the borough between the hours of 11:30 p.m. and 5:00 a.m.
      (2)   The term KNOWINGLY includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent’s legal custody or control.
   (B)   It 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.
(Prior Code, Ch. 6, Pt. 1, § 105) (Ord. 2-86, passed 7-7-1986) Penalty, see § 130.99
§ 130.06 EXCEPTIONS.
   (A)   In the following exceptional cases, a minor shall not be considered in violation of this chapter:
      (1)   When accompanied by a parent of such minor;
      (2)   When going to or returning home from such minor’s place of gainful employment; provided, that such minor uses a direct route and proceeds with reasonable diligence;
      (3)   When going to or returning home from attendance at a school of instruction, a function sponsored by a religious or civic organization, or a school athletic event; provided that such minor uses a direct route and proceeds with reasonable diligence;
      (4)   When an emergency arises making it a reasonably necessity that a minor be on or in the borough streets, alleys, parks or other public places; provided that the minor shall have in his or her possession a note signed by such minor’s parent stating the nature of the emergency, the place to which the minor is to go, the time and date such note was issued and the time required therefor or such minor’s parent shall have communicated in advance to the borough police station personnel fact establishing such emergency, the place to which the minor is to go, and the time required therefor;
      (5)   When authorized by special permit from the Mayor, carried on the person of the minor thus authorized, as follows: when reasonably necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, recourse may be had to the Mayor for a special permit. Upon the Mayor’s finding of reasonable necessity, the Mayor may grant a permit in writing for the use by such minor of such streets or other public places at such hours as in the Mayor’s opinion may reasonably be necessary; or
      (6)   When authorized, by regulation issued by the Mayor, in other similar cases of reasonable necessity, adopted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Such regulation shall define the activity, the scope of the use of streets or other public places permitted, the period of time involved, and a statement that the regulation is reasonably necessary and is consistent with the purposes of the this chapter.
   (B)   Each of the foregoing exceptions shall constitute a defense to a prosecution under §§ 130.04 and 130.05; provided, however, that the burden of proof shall be on the person or persons claiming such exception.
(Prior Code, Ch. 6, Pt. 1, § 106) (Ord. 2-86, passed 7-7-1986)
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