(a) In the following exceptional cases a minor on a Borough street during the nocturnal hours for which Section 721.03 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this article.
(1) When accompanied by a parent of such minor.
(2) When accompanied by an adult authorized by a parent of such minor to take the parent's place in accompaning such minor for a designated period of time and purpose within a specified area.
(3) When exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly. Such minor shall evidence the bona fides of such exercise by first delivering to the Chief of Police of the Borough Municipal Building, 2280 Lincoln Way, White Oak, Pennsylvania, a written communication signed by such minor and countersigned, if practicable, by a parent of such minor, with their home address and telephone number, addressed to the Chief of Police of the Borough, specifying when, where and in what manner the minor will be on the streets at night, during the hours when this article is otherwise applicable to the minor, in the exercise of a First Amendment right specified in such communication.
(4) In case of reasonable necessity but only after such minor's parent has communicated to the Borough police station personnel the facts establishing such reasonable necessity relating to specified streets at a designated time for a described purpose, including points of origin and destination. A copy of such communication or of the police record thereof, duly certified by the Chief of Police to be correct with an appropriate notation of the time it was received and of the names and addresses of such parent and minor, shall be admissable evidence.
(5) When the minor is on the sidewalk of the place where such minor resides, or on the sidewalk of either next-door neighbor not communicating an objection to the police officer.
(6) When returning home by a direct route from, and within thirty minutes of the termination of a school activity or an activity of a religious or other voluntary association, of which activity prior notice, indicating the place and probable time of termination, has been given in writing to and duly filed for immediate reference by the Chief of Police or the officer assigned by him on duty at the police station, thus encouraging, here as in other exceptional situations, conduct on the part of the minors involved in such activities and striking a fair balance for any somewhat conflicting interests.
(7) When authorized by special permit from the Chief of Police, carried on the person of the minor thus authorized as follows:
A. When normal or necessary nighttime activities of a minor may be inadequately provided for by other provisions of this article then recourse may be had to the Chief of Police of the Borough either for a regulation as provided in subsection (8) hereof or for a special permit as the circumstances warrant.
B. Upon the Chief of Police's finding of necessity for the use of the streets to the extent warranted by a written application (as judicially approved in People v. Walton, 70 Cal. App. 2d Supp. 862, 171 p. 2d 498, 502-503 (1945), signed by a minor and by a parent of such minor, if feasible, the Chief of Police may grant a permit in writing for the use of such minor of such streets at such hours as in the Chief of Police's opinion may reasonably be necessary.
C. The application shall state:
1. The name, age and address of such minor.
2. The name, address and telephone number of a parent thereof.
3. The height, weight, sex, color of eyes and hair and other physical characteristics of such minor.
4. The necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable.
5. The street or route and the beginning and ending of the period of time involved, by date and hour.
D. In an emergency this may be handled by telephone or other effective communication, with a corresponding record being made contemporaneously, either to the Chief of Police or, if unavailable, to the police officer authorized by the Chief of Police to act on his behalf in an emergency, at the police station.
(8) When authorized by regulation issued by the Chief of Police in other similar cases of reasonable necessity, similarly handled but adapted to necessary nighttime activities of more minors than can readily be dealt with on an individual special permit basis. Normally such regulation by the Chief of Police permitting use of the streets should be issued sufficiently in advance to permit appropriate publicity through the news media and through other agencies such as the schools and shall define the activity, the scope of the use of the streets permitted, the period of time involved (not to extend more than thirty minutes beyond the time for termination of such activity) and the reason for finding that such regulation is reasonably necessary and is consistent with the purposes of this article.
(9) When the minor carried a certified card of employment, renewable each calendar month, signed by the Chief of Police and briefly identifying the minor, the addresses of his home and of his employment and hours of employment.
(10) When the minor is, with parental consent, in a motor vehicle. This contemplates normal travel. From excess of caution, this clearly exempts bona fide interstate travel beginning or ending in the Borough.
(11) When the minor is seventeen years of age, if and when the Chief of Police shall have determined by formal rule, first reported to the members of Council, spread upon its minutes and so reported in the press, finding that the facts as to the extent (minimal) of juvenile delinquency in such age group currently permit such rule in the best interests of such minors and of the Borough and finding that this article shall be relaxed, then the Chief of Police, by such formal rule, covering a period of time designated therein or until rescission thereof, not exceeding one year from the date thereof, may take appropriate action excepting designated minors, minors in a defined group or area or all minors, as the current facts may warrant, seventeen years of age during the period that such formal rule is and remains in effect.
(b) Each of the foregoing exceptions and their several limitations, such as provisions for notification, is severable, as hereinafter provided but here reemphasized; and additional, also severable, exceptions, broadening with the progress toward maturity of minors enrolled respectively in elementary, junior high and high schools, will be considered by the members of Council as warrented by future experience, illuminated by the view of student government associations, school personnel, citizens, associations, ward, precinct and neighborhood spokesmen, parents, officers and persons in authority concerned positively with minors as well as with juvenile delinquency.
(Ord. 2028. Passed 10-15-79.)