§ 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).

§ 10-306. Enforcement and Penalties. 64

   (1)   Any police officer who finds a minor in prima facie violation of the provisions of subsection 10-303(1): 65

      (a)   Shall obtain information from such minor as to his or her name and address, age and the identity of the minor's parent, guardian or other custodian.

      (b)   Shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:

         (.1)   Transport the minor to his or her home forthwith; or

         (.2)   Transport the minor to such location as the Administration deems appropriate and immediately notify the parent, guardian or other custodian of the minor's whereabouts.  66

   (2)   The information taken from the minor pursuant to subsection 10-306(1)(a) shall be forwarded to the Juvenile Bureau which shall cause a written notice to be mailed to the parent, guardian or custodian advising of the violation and penalties of provision of subsection 10-303(1).

   (3)   Notwithstanding anything to the contrary in the Code, if a police officer determines that a minor is homeless, there shall be no penalty associated with the violation. 67

   (4)   Reserved.  68

   (5)   Upon violation of the provisions of subsection 10-303(2), any parent whose child under the age of eighteen (18) years is found liable or is adjudged guilty by a court of competent jurisdiction of a willful tortious act resulting in injury to the person, or theft, destruction or loss of property of another, shall be liable to the person who suffers the injury, theft, destruction or the loss to the extent set forth in Act of General Assembly No. 58, July 27, 1967, pertaining to Parent's Liability.

   (6)   Reserved.  69

   (7)   Reserved.  70

   (8)   Reserved.  71

   (9)   Reserved.  72

   (10)   Each violation of the provisions of this Chapter shall constitute a separate offense. 73

   (11)   Reporting.  74 Beginning January 1, 2023, the Police Department and Department of Human Services shall each provide a quarterly report to City Council on their implementation of this Chapter. The Police Department shall report the aggregate number of minors who violate curfew; their demographic information, including but not limited to age, race, and gender; the police district where the violation occurred; where the minor was taken; and if a parent or guardian was reached. The Department of Human Services shall report, for each community evening resource center, the aggregate number of minors served; their demographic information, including but not limited to age, race, and gender; and if the minor was brought in by police. If any category reported includes fewer than ten (10) minors, the department may so indicate if it determines that reporting the specific number of minors risks reidentifying one or more minors.

   The first report shall include the information set forth above for the time period of July 1, 2022 through December 31, 2022. Thereafter reports shall include information for the three months directly preceding the date the report is submitted to Council.

 

Notes

64	Amended, 1977 Ordinances, p. 243; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; amended, Bill. No. 060441 (approved January 23, 2007).
65	Repealed and new subsection added, 1980 Ordinances, p. 768.
66	Amended, Bill No. 210503 (approved August 5, 2021).
67	Amended, Bill No. 31 (approved February 7, 1997). The enrolled bill erroneously numbered this as subsection (3); renumbered by Code editor. Deleted, Bill No. 210503 (approved August 5, 2021); added, Bill No. 220654-A (approved December 14, 2022).
68	Amended, 1980 Ordinances, p. 545; amended, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
69	Amended, 1980 Ordinances, p. 545; amended, Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403; deleted, Bill No. 210503 (approved August 5, 2021).
70	Added, Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403; amended, Bill No. 110758 (approved December 21, 2011), effective May 1, 2012; amended, Bill No. 120774-A (approved January 14, 2013); deleted, Bill No. 210503 (approved August 5, 2021).
71	Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
72	Added, Bill No. 758 (approved July 24, 1995), 1995 Ordinances, p. 1081; deleted, Bill No. 210503 (approved August 5, 2021).
73	Amended Bill No. 1163 (approved December 28, 1995), 1995 Ordinances, p. 1403. Enrolled bill erroneously numbered this as subsection (6); renumbered by Code editor.
74	Added, Bill No. 220654-A (approved December 14, 2022).

§ 10-307. Parental Responsibility for Minor Children. 75

   (1)   The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates any provision of Chapter 10-500 relating to "Property – Damaging, Defacing and Interfering With", Chapter 10-600 relating to "Public Places – Prohibited Conduct", or Chapter 10-700 relating to "Refuse and Littering" shall be in violation of this Section.

   (2)   The penalty for a violation of this Section shall be a fine not to exceed three hundred dollars ($300). Any person authorized to enforce ordinances who becomes aware of a violation by a minor of any provision of Chapter 10-500, 10-600 or 10-700 shall attempt to determine the whereabouts of the minor's parent, legal guardian or other legally responsible adult and shall serve upon such adult, by mail or in person, a notice of violation of this Section, pursuant to the provisions of Section 10-718 of this Code. The recipient of such notice of violation may, within ten (10) days of receipt of such notice, pay twenty-five dollars ($25), admit the violation and waive a hearing, all pursuant to the procedures set forth in Section 10-718.

 

Notes

75

Provision terminating prior Section repealed by 1956 Ordinances, p. 985, thereby making Chapter permanent. New provisions added, Bill No. 31 (approved February 7, 1997); 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.

§ 10-308. Solicitations of Contributions in the Roadway by Minors. 76

   (1)   Purpose. In view of the increasing number of minors who are soliciting contributions, on roadways, for various youth organizations, it is the purpose of this Section to protect children from serious bodily injury, by prohibiting solicitations of contributions of any kind by minors on roadways.

   (2)   No minor shall enter into or stand on a roadway for the purpose of soliciting contributions of any kind from the occupant of any vehicle.

   (3)   Enforcement and Penalties.

      (a)   A police officer may issue a notice of violation, in the amount of twenty-five dollars ($25), to any minor in violation of this Section, in accordance with Section 1-112 of this Code.

      (b)   Any adult allowing a minor, under his or her care, custody or control, to violate the provisions of this Section shall be issued a notice of violation in the amount of three hundred dollars ($300). 77

 

Notes

76	Added, Bill No. 070949 (approved December 18, 2007).
77	Added, Bill No. 150659 (approved December 23, 2015), effective July 1, 2016.

§ 10-309. Daytime Curfew. 78

   (1)   Unlawful Conduct of Minors. Except as provided in subsection (2) of this Section, no minor of compulsory school age shall remain in or upon any public place or establishment between the hours of 9:00 a.m. and 1:00 p.m. on any day during which such minor's school is in session.

   (2)   Exceptions. The provisions of this Section shall not apply:

      (a)   To a minor who has written permission, in his or her possession from school authorities, excusing his or her attendance at school and allowing such minor to be in a public place or establishment at that particular time;

      (b)   To a minor enrolled in a home education program, in accordance with the provisions of 24 P.S. § 13-1327.1 who has written permission, in his or her possession from his or her supervisor as defined in that Section, allowing such minor to be in a public place or establishment at that particular time;

      (c)   To a minor who is directly going to or coming from such minor's place of employment or a medical appointment;

      (d)   To a minor who is accompanied by a parent; or

      (e)   To a minor otherwise exempt under state law from attending school and who can verify such exemption.

   (3)   Parental Responsibility. The parent of any minor in violation of the provisions of this Section shall be in violation of this Section.

   (4)   Penalties. The penalty for a violation of this Section shall be a fine of not more than three hundred dollars ($300).

   (5)   Enforcement.

      (a)   Any law enforcement officer who finds a minor to be in violation of the provisions of this Section shall obtain the minor's name, address and age and the name and address of the minor's parent and shall serve upon the minor a notice of violation. The foregoing information shall be transmitted to the Bureau of Administrative Adjudication which shall cause the notice of violation to be served, by first class mail, on the parent of the minor.

      (b)   Notices of violation shall be issued pursuant to the procedures set forth in Section 1-112 of this Code. Any person to whom a notice of violation is issued, may, within ten (10) days of receipt, pay twenty-five dollars ($25) in lieu of contesting the violation and in lieu of any other fines or penalties. The notice of violation shall contain an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the Director of Finance.

   (6)   Non-exclusivity. The penalties and remedies contained herein shall be in addition to any other penalties or remedies available under state law and regulations.

 

Notes

78	Added, Bill No. 080750 (approved April 1, 2009).