Curfew Ordinance

An Ordinance of the Borough of Bolivar, County of Westmoreland, and Commonwealth of Pennsylvania, Establishing a Curfew for Minors and Penalties for Violations Thereof, Authorized by Article XII Section 1201 of the Borough Code.

Whereas, the Borough of Bolivar has experienced a rise in disturbance in the borough, and an increase in vandalism to property during evening hours, and

Whereas the Borough of Bolivar has determined that the source of the disturbance is quite frequently unsupervised minors and teenagers and,

Whereas, the Borough of Bolivar is authorized to regulate activities, which affect the health, safety, and welfare of Borough residents, pursuant to Article XII Section 1201 of the Borough Code.

Now Therefore, the following is ordained and enacted:

A. Definitions

1. As used in this Ordinance the following terms shall mean.

a. Minor - any juvenile under the age of 18 years

b. Guardian - any parent, guardian, or other person charged with the permanent or temporary custody of a minor, or any individual acting in loco parentis.

B. Curfew

1. It shall be unlawful for any child under the age of 18 years to be, or to remain, in or upon the streets, alleys, parks, or other exterior public places in the Borough of Bolivar between the hours of 10:00 P.M. and 5:00 A.M. daily.

2. The provisions of Section A (1) above shall not be applicable to any child:

a. who is accompanied by a parent, guardian, or other person having responsibility for the child or,

b. who is employed and acting in the course of employment, during the hours described in Section A (1) , or

c. who is a member of a volunteer fire or ambulance service and who is responding to a fire or other emergency during the hours described in Section A (1).

C. Parents

1. It shall be unlawful for any parent, guardian, or any other individual charged with the custody of a child to permit any such child to violate the provisions of Section A (1)

D. Enforcement and Penalties

1. Any child found in violation of the provisions of this Ordinance shall, for the first offense be taken by the officer to his or her parent, guardian, or other person having responsibility for the child's custody, upon which the officer shall issue a warning against the violation to both child and parent, guardian, or otherwise, the officer shall record the name of the child and custodian, which shall be kept for the purpose of enforcing this Ordinance.

2. Any child found in violation of the provisions of this Ordinance for a second or subsequent time, and any guardian also found in violation for a second or subsequent time, shall upon conviction be sentenced to pay a fine of not less than $25.00 nor more than $600.00 and costs of prosecution, and in default of payment of the fine and costs, to undergo imprisonment for not more than (30) days.

E. Children and Youth Services

1. Any child found in violation of this Ordinance on more than 3 occasions shall be reported to Westmoreland County Children and Youth Services, or the agency then existing, with authority and act of allegations of juvenile dependency or delinquency.

F. Arrests

1. Police Officers acting under the authority of this Ordinance are authorized to effect and arrest for a violation of this Ordinance, which arrest is otherwise lawful and appropriate pursuant to the Pennsylvania Rules of Criminal procedure and applicable case law.

G. Severability

1. The provisions of this Ordinance are severable and if any provisions should be declared invalid for any reason, the remainder shall continue in force as valid.

H. Effective Date and Repealer

1. The effective date of this Ordinance shall be February 1, 2005

2. This Ordinance specific repeals Ordinance No 83-1 in its entirety.

Borough of Bolivar

by Tonya Laskoski,

Council President

Attest:

Jenny Miller

Borough Secretary

Examined and approved this 5th day of January 2005

Mayor Everett Saxton

Original Ordinance on file in vault