CHAPTER 10-300. MINORS 55

 

Notes

55	Source: 1955 Ordinances, p. 83.

§ 10-301. Legislative Findings.

   (1)   The Council finds that:

      (a)   An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the City, and this has created a menace to the preservation of public peace, safety, health, morals and welfare;

      (b)   The increase in juvenile delinquency has been caused in part by the large number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision;

      (c)   The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision, and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors.

§ 10-302. Definitions.

   (1)   In this Chapter the following definitions apply:  56

      (a)   Compulsory School Age. The period of a child's life during which the child is required to attend school as established by the Philadelphia School Reform Commission pursuant to 24 P.S. § 21-2103(8), unless the provisions of 24 P.S. § 13-1326 are otherwise applicable. 57

      (b)   Establishment. Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.

      (c)   Minor. Any person under the age of eighteen (18) years. 58

      (d)   Official City Time. Eastern Standard Time except from the last Sunday in April to the last Sunday in September, it shall be Eastern Daylight Saving Time.

      (e)   Operator. Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty the term "operator" as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof.

      (f)   Parent. Any natural parent of a minor, a guardian, or any adult person, 21 years of age or over, responsible for the care and custody of a minor.

      (g)   Public Place. Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.

      (h)   Remain. To loiter, idle, wander, stroll or play in or upon.

      (i)   Roadway. The definition of this term is as defined in 75 Pa. C.S. § 102, The Vehicle Code of the Commonwealth of Pennsylvania. 59

 

Notes

56	Amended, Bill No. 060441 (approved January 23, 2007); subsections (1)(j) through (1)(m) deleted, Bill No. 210503 (approved August 5, 2021).
57	Added and subsequent subsections renumbered, Bill No. 080750 (approved April 1, 2009).
58	Amended, 1977 Ordinances, p. 243.
59	Added and subsequent subsections renumbered, Bill No. 070949 (approved December 18, 2007).

§ 10-303. Unlawful Conduct of Minors. 60

   (1)   No minor shall remain in or upon any public place or any establishment from the Evening Curfew Time indicated in the following chart until 6 a.m. the following day, unless said minor is engaged in one or more of the activities listed in subsection (1)(a) (Exceptions), below.  61

 

	Evening Curfew Time
Minors 14 and older	10:00 p.m.
Minors 13 and under	9:30 p.m.

 

      (a)   Exceptions. Evening Curfew Time set forth in subsection (1), above, shall not apply if the minor is:

         (.1)   accompanied by a parent, guardian or custodian;

         (.2)   engaged in an errand or other legitimate business as directed by a parent, guardian or custodian of the minor;

         (.3)   engaged in gainful lawful employment at the time, or going to or from such employment;

         (.4)   in a vehicle involved in interstate travel;

         (.5)   involved in dealing with an emergency;

         (.6)   on the sidewalk that abuts the minor's or the next-door neighbor's residence, if the neighbor has not complained to the police;

         (.7)   in attendance at an official school, religious, or other recreational activity sponsored by the City, a civic organization, or another similar entity that takes responsibility for the minor, or going to or from such an activity supervised by adults; or

         (.8)   exercising First Amendment rights.

   (2)   No minor shall commit a willful tortious act which results in injury to any person or which results in the theft, destruction or loss of property to another.

 

Notes

60	Amended, 1977 Ordinances, p. 243; amended, Bill No. 980712 (approved October 29, 1998); amended, Bill. No. 060441 (approved January 23, 2007); amended, Bill No. 110633 (approved November 14, 2011). Pursuant to Section 2 of Bill No. 110633, the amendments from Bill No. 110633 lapsed on December 15, 2013 and are no longer included in the Code.
61	Amended, Bill No. 210503 (approved August 5, 2021); amended, Bill No. 220577 (approved July 6, 2022). Section 2 of Bill No. 220577 provides: "The changes to The Philadelphia Code as authorized by this Ordinance, shall lapse on September 29, 2022." Amended, Bill No. 220654-A (approved December 14, 2022).

§ 10-304. Unlawful Conduct of Parents. 62

   (1)   No parent shall knowingly permit any minor to remain in or upon any public place or any establishment in violation of Section 10-303.

 

Notes

62	Amended, 1977 Ordinances, p. 243; amended, Bill No. 980712 (approved October 29, 1998); amended, Bill. No. 060441 (approved January 23, 2007).

§ 10-305. Unlawful Conduct of Owners or Operators of Establishments. 63

   (1)   No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of said establishment in violation of Section 10-303.

 

Notes

63	Amended, Bill. No. 060441 (approved January 23, 2007).