Chapter 11 · Public Offenses

Article 3. Curfew

Sections 11-301 to 11-305 · 5 sections

11-301 Curfew, Children.

It shall be unlawful for any child under the age of 18 years to wander, lounge, loaf, loiter or play in, about or upon any public street, alley, sidewalk, vacant lot, public place or other place normally accessible to the general public between the hours of 10:30 p.m. and 6:00 a.m. the following day excepting however the evenings of October 31^st, July 4^th and December 31^st.

(Ord. 388, Secs. 1:4; Code 2004; Ord. 636; Code 2019)

11-302 Defenses.

It shall be a defense to prosecution under this article if such child under the age of eighteen (18) years was:

(a)Accompanied by a parent, legal guardian, or other adult person exercising legal custody of such child.

(b)On an errand at the direction of the minor’s parents or guardian, without any detour or stop.

(c)In a motor vehicle.

(d)Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop

(e)On the sidewalk abutting the minor’s residence or abutting the residence of a next-door neighbor if the neighbor did not complain about the minor’s presence.

(f)Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a Civic Organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City, a Civic Organization, or another similar entity that takes responsibility for the minor.

(g)Exercising First Amendment Rights protected by the United States Constitution, such as the exercise that religion, freedom of speech, and the right of assembly.

(h)Married or had been married or had disabilities of minority removed through emancipation.

(Ord. 388, Secs. 1:4; Code 2004; Ord. 636; Code 2019)

11-303 Curfew, parents and others.

It shall be unlawful for any parent, legal guardian or other person lawfully entitled to the care, custody and control of any child under the age of eighteen (18) years to suffer, permit or allow any such child to wander, lounge, loaf, loiter or play in, about or upon any public street, alley sidewalk, vacant lot, public place or other place normally assessable to the general public for public use during the hours specified in this section, unless said child is accompanied by a parent, legal guardian or other person lawfully entitled to the care, custody and control of such child or if the child’s actions are defensible as provided in this section.

(Ord. 388, Secs. 1:4; Code 2004; Ord. 636; Code 2019)

11-304 Suspension of curfew.

The Governing Body of the City of Towanda on specific occasions and in response to written requests, submitted not less than three (3) calendar days prior to the occasion, shall have the authority to suspend by official proclamation published in the official city newspaper, the hour of curfew as stated herein; provided however, that no such suspension of curfew shall extend past the hour of twelve (12) o’clock midnight

(Ord. 388, Secs. 1:4; Code 2004; Ord. 636; Code 2019)

11-305 Penalties.

Any person violating any of the provisions of this article shall upon conviction thereof, be punished by a fine of not less than ten (10) dollars nor more than $100.00 dollars, or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment.

(Ord. 388, Secs. 1:4; Code 2004; Ord. 636; Code 2019)