CURFEW
The purpose of this FAQ is to inform and educate the
general public on the ordinance pertaining to minors on
streets at night
within the Township of Swatara.
This is a curfew
ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of
minors on streets at night, for the protection of
younger children in the Township from each other and
from other persons on the streets during nighttime
hours, for the enforcement of parental control and
responsibility for their children, for the protection of
the public from nocturnal mischief by minors and for the
reduction of the incident of juvenile criminal activity,
all for the good of minors, for the furtherance of
family responsibility, and for the public good, safety
and welfare.
It shall be unlawful
for any person 17 or less years of age (under 18) to be
or remain in or upon the streets within the Township of
Swatara at night during the period ending at 6:00 a.m.
and beginning:
|
A. |
At 10:00 p.m.
for minors 13 or less years of age; |
|
B. |
At 11:00 p.m.
for minors 14 or more years of age.
|
Parental responsibility.
It shall be unlawful
for a parent having legal custody of a minor knowingly
to permit or by inefficient control to allow such minor
to be or remain upon any Township street under
circumstances not constituting an exception to, or
otherwise beyond the scope of, this chapter. 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.
It is intended to continue to keep neglectful or
careless parents up to a reasonable community standards
of parental responsibility through an objective test. It
shall, a fortiori, be no defense that a parent was
completely indifferent to the activities or conduct or
whereabouts of such minor.
Violations and penalties.
If, after a warning
notice of a first violation by a minor, a violation
occurs, this shall be treated as a first offense by the
parent. For such first parental offense a parent shall
be fined $25 and for each subsequent offense by a parent
the fine shall be increased by an additional $25; e.g.,
$50 for the second, $75 for the third offense. The
Magisterial District Judge, upon finding a parent
guilty, shall sentence the parent to pay such fine and
the costs of prosecution, and upon refusal to pay such
fine and costs to be imprisoned in the jail of Dauphin
County for a period not exceeding 30 days. Every day
that a violation of this chapter continues shall
constitute a separate offense.
Any minor who shall
violate any of the provisions of this chapter more than
three times shall be reported by the Chief of Police to
a society or organization whose purpose it is to take
charge of incorrigibles and delinquents and proceedings
shall then be commenced, under the Juvenile Act, 42
Pa.C.S.A. § 6301 et seq., for the treatment, supervision
and rehabilitation of such minor.
For the complete text
of this and other Swatara Township Ordinances,
click here.
 |
