West York Borough, York County, PA

Ordinance  

INTRODUCED BY:  Shawn Mauck                                                            

AN ORDINANCE AMENDING AND REVISING

PART 4 “CURFEW” OF CHAPTER V “CONDUCT” OF

THE WEST YORK BOROUGH CODE OF ORDINANCES

  WHEREAS: Those under the age of 18 can become particularly susceptible, because of their lack of maturity, judgment, and experience, to participate in unlawful and gang-related activities and to be the victims of older perpetrators of crime; and

 WHEREAS : The protection of minors from each other and from other persons, the enforcement of parental control over, and responsibility for, children, the protection of the general public, and the reduction of the incidence of juvenile criminal activities are compelling public interests of West York Borough; and 

 WHEREAS: A comprehensive Minors Curfew ordinance for those under the age of 18 can serve the best interests of the public health, safety, and general welfare of the Borough and will help to attain these objectives and to diminish the undesirable impact of criminal conduct on the citizens of the Borough, and

 WHEREAS: West York Borough Council has determined that passage of this Ordinance will protect the welfare of minors by: 

(1) Reducing the likelihood that minors will be the victims of criminal acts during the curfew hours; 

(2) Reducing the likelihood that minors will become involved in criminal acts or exposed to narcotics trafficking during the curfew hours; and 

(3) Aiding parents or guardians in carrying out their responsibility to exercise reasonable supervision of minors entrusted to their care. 

 NOW, THEREFORE, BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Council of West York Borough, York County, Pennsylvania, as follows:

Section 1.        Part 4 “Curfew” of Chapter V “Conduct” of the West York Borough Code of Ordinances is hereby amended by substitution to read as follows:

               “Part 4 ‘Minors Curfew’

Section 51.      Purpose.

 The Minors Curfew is not intended to infringe upon the freedoms of resident youth, but rather to assure that minors have adequate parental/guardian supervision during focal times of the day, and to offer support to minors and parents/guardians experiencing curfew concerns.   

                Section 52.      Findings.

 A.        This is a substitution for the Borough’s Curfew Ordinance of July 20, 1964, as previously amended and revised, 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 Borough 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 criminal 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.

             B.        The Borough Council finds that the Minors Curfew meets a very real local need, has been over the years a significant factor in minimizing juvenile delinquency and should be updated and amplified in the light of the Borough’s local situation and facts.

             C.        The community sense of the proper time for cessation of outdoor activities by minors on the streets is reflected in the curfew hours declared by this Ordinance which takes into consideration also the danger hours for nocturnal crime and for accumulations of minors with potential risks incident to immaturity.

             D.        Adequate indoor living space in the Borough permits minors to healthfully occupy their time.

             E.         Commercial recreational facilities are almost nonexistent, and there is little or nothing for minors to do outdoors but roam the streets after the curfew hours.

             F.         The Borough is a stable family community.  Parental responsibility for the whereabouts of children is the norm, legal sanctions to enforce such responsibility have had a demonstrated effectiveness over the years, as parental control increases likelihood of juvenile delinquency decreases, and there is a continuing need for the nocturnal curfew for minors which has achieved and will continue to achieve under local conditions the purposes hereinbefore stated.

  Section 53.     Definitions.

 The following words, terms and phrases, when used in this article shall have the meanings herein given.  When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural.  The word “shall” is always mandatory and not merely directory.

 BOROUGH – West York Borough, York County, Pennsylvania, with administrative offices at 1700 West Philadelphia Street, York, Pennsylvania 17404.

 COURT – Any Magisterial District Justice Office or the York County Court of Common Pleas.  

 ESTABLISHMENT- Any organization or place of business carried on for profit or for non-profit purposes, or any place of amusement or entertainment in which the public is invited.

 MINOR - Any person under the age of eighteen (18) years of age.

 OPERATOR - Any individual, firm, association, partnership, or corporation operating, managing, conducting or working for any establishment;  and, whenever used in any clause prescribing a penalty, the term “operator,” as applied to associations or partnerships shall include members or partners as well as employees or agents thereof, and as applied to corporations, shall include officers of the corporation thereof, and, in the case of any business or other entity operating under a fictitious name, shall include the owner, and his or her employees or other agents.

               PARENT – Any person having legal custody of a minor (i) as a natural or adoptive parent, (ii) as a legal guardian, (iii) as a person who stands in loco parentis, or (iv) as a person to whom legal custody has been given by order of court.

       PUBLIC PLACE - Any public street, highway, road, alley, park, playground, sidewalk, vacant lot, or other area generally open to the public.

 TIME – As referred to herein, is based on the prevailing standard of time in the Borough, whether Eastern Standard Time or Eastern Daylight Saving Time, prima facie the time then observed in the Borough administrative offices and police station.

          Section 54.      Curfew.

 A.        Unless accompanied by a Parent, it shall be unlawful for any minor to be at or remain in or upon any public place between the hours of eleven o’clock (11:00) P.M. and six o’clock (6:00) A.M.

 B.        No operator of any establishment shall permit any minor to remain upon the premises of said establishment between the hours of eleven o’clock (11:00) P.M. and six o’clock (6:00) A.M. unless the minor is accompanied by a parent/guardian.  Additionally, all operators of such establishments within the boundaries of the Borough of West York must post notice in a readily readable size and location within their establishment stating that all patrons under the age of eighteen who are not accompanied by a parent/guardian must vacate the premises at 10:30 PM.  Furthermore, all operators of such establishments must make a verbal announcement at 10:30 PM stating that all patrons under the age of eighteen who are not accompanied by a parent/guardian must vacate the premises immediately.  

 C.        It shall be unlawful for any minor to be at or remain in or upon any public place during scheduled school hours on any day in which school is in session in the School District of West York or other school district, including any charter or private school in which the child resides and/or is enrolled, unless such minor is on a scheduled vacation or holiday observed by the school district or school or that child has permission to be absent from school or to be in a public place or establishment from an authorized school official.  In case the minor is educated through a home school program pursuant to Pennsylvania School Code § 1327.1 (Home Education), the minor's custodian shall be deemed an authorized school official.

 Section 55.      Exceptions

The provisions of this Ordinance shall not apply to:

 A.    Any minor attending an activity sponsored by school, religious, non-profit, governmental, or    similar organization in which the activity is supervised by adults, and when returning home by a direct route from (and within thirty minutes of the termination of) such activity.
               B.     Any minor or operator of an establishment in which the minor is employed in lawful   employment during curfew hours.
              C.     A minor operating a vehicle during nighttime curfew hours, if the minor possesses a valid senior driver’s license.
               D.    Any minor traveling directly from their lawful place of employment to their home after working past curfew hours, or is immediately traveling from an activity described in subsection (A), which occurred past curfew hours, and is not engaged in any other activity.
               E.     Any minor on active duty in the United States Armed Forces.
               F.      When accompanied by an adult authorized in writing by a parent of such minor to take said parent’s place in accompanying said minor for a designated period of time and purpose within a specified area, which adult shall be 21 years of age or more.
               G.    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 Borough Council a written communication, signed by the minor and countersigned by the minor’s parent with their home address and telephone number, specifying when, where and in what manner said minor will be on the streets or public property at night in the exercise of a First Amendment right specified in such communication.

Section 56.      Penalties.

A.                A minor and/or parent may be cited with a summary criminal offense if the minor is found in violation of curfew.  The fine for the first offense shall be up to fifty dollars ($50) and the costs of prosecution.  Upon second violation of this ordinance (including situations wherein the first violation had occurred in another jurisdiction), the fine shall be a minimum of fifty dollars ($50) and a maximum of two hundred dollars ($200) and the costs of prosecution.  Upon third or subsequent violations of this ordinance (including situations wherein the first or second violation had occurred in other jurisdictions), the fine shall be a minimum of one hundred dollars ($100) and a maximum of one thousand dollars ($1,000) and the costs of prosecution.
              B.                 The court is encouraged, when appropriate, to consider counseling and/or community service or other diversionary programs as an alternative sentence to the penalties prescribed above.
               C.                 The court is encouraged to refer unpaid curfew fines and/or sentences to Juvenile Probation.
               D.                Any operator of an establishment knowingly allowing minors to be upon their premises between the hours of eleven (11:00) PM and six (6:00) AM, or failing to post notice/make announcement as required by this Ordinance, shall pay a fine not exceeding one thousand dollars ($1,000), or a term of imprisonment not exceeding ninety days, or both for each minor found to be in violation of curfew upon the establishment and/or for each day not in compliance with the posting notice/making verbal announcement stipulation.  
              E.                 Police Procedures. Any minor found upon the street or public property within the Borough in violation of this Ordinance shall be taken into Police custody and to the Borough Police Station and or appropriate curfew center, where a parent shall be notified immediately to come for such minor. When a parent has come to take charge of the minor and the appropriate information has been recorded, the minor shall be released to the custody of such parent. If the parent cannot be located or fails to take charge of the minor, then the minor shall be released to the juvenile authorities.”

 Section 2.        Any ordinance in existence at the time of the adoption of this Ordinance that conflicts herewith is hereby repealed.

 Section 3.        The provisions of this Ordinance are intended to be severable, such that if any provision hereof shall be deemed to be unconstitutional or otherwise unenforceable, such determination shall not affect the other provisions hereof.

 Section 4.        This Ordinance shall be effective upon approval by the Mayor, upon passage by Borough Council after reconsideration after veto by the Mayor, or at 12:01 A.M. on the eleventh (11^th) day following the adoption hereof by the Borough Council if the Mayor does not return this Ordinance with his approval or disapproval.

ORDINANCE NO. ____

   AN ORDINANCE OF WEST YORK BOROUGH, YORK COUNTY, PENNSYLVANIA AMENDING FINES AND PENALTIES FOR PARKING INFRACTIONS PURSUANT TO CHAPTER XIII SECTION 51 OF THE WEST YORK BOROUGH CODE OF ORDINANCES

            BE IT ENACTED AND ORDAINED, and it is hereby enacted and ordained by the Council of West York Borough, York County, Pennsylvania, as follows:

            Section1.         Chapter XIII “Motor Vehicles and Traffic”, Section 51 “Penalty for Violation” of the West York Borough Code of Ordinances is hereby revised to read as follows:

            Fines for the violation of the parking regulations of West York Borough and the Commonwealth of Pennsylvania, to the extent such may be regulated by the Borough, are as follows:

(a)        Parking too close to a crosswalk                                             $20

(b)        Parking in a No Parking Zone                                                 $20

(c)        Double parking                                                                       $20

(d)       Parking in a bus or cab/taxi zone                                              $20

(e)        Parking too close to an intersection                                         $20

(f)        Parking in the wrong direction                                                  $20

(g)        Parking too close to a stop sign                                               $20

(h)        Parking in a fire lane                                                                $20

(i)         Parking too close to a fire hydrant                                           $30

(j)         Parking on the sidewalk                                                          $30

(k)        Parking illegally on private property                                         $30

(l)         Parking in violation of special event restrictions                        $30

(m)       Parking illegally in a space designated for disabled persons      $50

Additionally, all persons in violation hereof shall be responsible for payment of any associated costs.  To the extent a fine for a parking violation is not listed herein, that person shall pay a fine of $15 and costs.           

Section 2.        Any ordinance in existence at the time of the adoption of this Ordinance that conflicts herewith is hereby repealed.

Section 3.        The provisions of this Ordinance are intended to be severable, such that if any provision hereof shall be deemed to be unconstitutional or otherwise unenforceable, such determination shall not affect the other provisions hereof.

Section 4.        This Ordinance shall be effective upon approval by the Mayor, upon passage by Borough Council after reconsideration after veto by the Mayor, or at the next regular meeting of Borough Council occurring at least ten days after its presentation to the Mayor if the Mayor does not return this Ordinance with his approval or disapproval.