Curfew for Minors Ordinance

ORDINANCE 2012-17

An Ordinance Amending the City Peace and Good Order Ordinance, Ordinance 95-18, and Chapter 176 of the Code of the City of Hazleton, to Revise the Curfew for Minors and Violations and Penalties

WHEREAS, it is the desire of the Council of the City of Hazleton to amend and revise the Peace and Good Order Ordinance regarding the curfew for minors, and to amend the penalties for violations.

 NOW THEREFORE, BE IT ORDAINED by the Council of the City of Hazleton, Pennsylvania as follows:

1. Chapter 176 from the Code of the City of Hazleton, entitled Peace and Good Order, Section 176-15 is hereby amended to read as follows:

A. No parent, guardian or other person having the legal custody of any child under the age of 16 years shall permit such child to be or remain upon any street, highway, park or other way or public place in the City after 10:00 p.m., unless accompanied by or under the immediate control and supervision of such parent, guardian or legal custodian or other adult person or unless engaged in some lawful employment or in the performance of some particular duty especially directed in writing by such parent, guardian, or other custodian.

B. No child over the age of 16 and under the age of 18 shall be or remain upon any street, highway, park or other way or public place in the City after 10:00 p.m. unless accompanied by or under the immediate control and supervision of such parent, guardian or legal custodian or other adult person or unless engaged in some lawful employment or in the performance of some particular duty especially directed in writing by such parent, guardian, or other custodian.

C. It shall be the duty of the police officers of the City, upon observing any child at large in violation of this section, to procure all information requisite to establish such violation from such child and, thereupon, to commit such child to the custody of his parent, guardian or other custodian, to be held as a witness in any legal proceedings which may be brought under this section.

D. For both Section A and B of this Ordinance said writing must be made prior to the child being found to be in violation of the curfew ordinance and shall be in the possession of the child at all times while the child is out after 10 pm.

E. It shall not be a defense of a violation of this ordinance for a parent or guardian to provide a written explanation of the particular duty after an offense is discovered.

F. Any parent, guardian or other person having the legal custody of any child under the age of 16 years found to be in violation of this Ordinance shall be considered to be permitting a violation and as such, shall be cited in accordance with the Penalties and Fines section of this Ordinance.

2. Chapter 176 from the Code of the City of Hazleton entitled Peace and Good Order City Parks Curfew Ordinance, Section 176-18 is hereby amended to read as follows:

Penalties and Fines:

Any person, firm or corporation who or which shall violate Chapter 176 of this Code shall be subject to a fifty ($50.00) dollar fine issued by the Hazleton City Police. Failure to pay the fine within ten (10) days shall subject the violator to arrest by the Hazleton City Police or any other Lawful law enforcement officer, shall be prosecuted in proceedings before the District Justice in the City of Hazleton and, upon conviction thereof, shall be deemed guilty of an offense and shall be subject to the penalties set forth on Chapter 1, Article II, Violations and Penalties, of this Code.
 
Any Ordinance or part of an Ordinance conflicting with the provisions of this Ordinance shall be and the same is hereby repealed to the extent of such conflict.

This Ordinance shall be effective immediately upon passage and approved in the manner prescribed by law.

ORDAINED AND ENACTED by Council this 1st day of August, 2012.

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