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Amending Chapter 10-300 of The Philadelphia Code, entitled "Minors," by amending Section 10-303, entitled "Unlawful Conduct of Minors," and Section 10-307, entitled "Parental Responsibility for Minor Children," to provide for earlier curfew hours for minors, to provide for different curfew hours for additional age groups among minors, and to provide for parental liability, establishment liability, and for penalties and enforcement, for violations of Chapter 10-300 or any expanded curfew under the Mayor's emergency powers, all under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
September 22, 2011
Sponsors
CRCouncilmember Reynolds BrownCMCouncilmember MillerCGCouncilmember Green

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 10-300 of The Philadelphia Code is hereby amended to read as follows:

CHAPTER 10-300. MINORS.

* * *

§ 10-303. Unlawful Conduct of Minors.

(1) No minor shall remain in or upon any public place or any establishment from the Evening Curfew Time indicated in the following chart until 6 A.M. the following day, unless said minor is accompanied by a parent, is doing an errand or other legitimate business as directed by the minor's parents, or is engaged in gainful lawful employment during the curfew hours or is on active duty in the Armed Service of the United States.

Evening Curfew Time

School Year

Summer

[Weekday]

Monday-Sunday

[Weekend Day]

[Weekday]

Monday-Sunday

[Weekend Day]

Minors [13]

16

and older

[10:30]

10:00

PM

[midnight]

[10:30]

11:00

PM

[midnight]

Minors 14-15

9:00 PM

10:00 PM

Minors[under 13]

13 and under

[9:00]

8:00

PM

[10:00 PM]

[9:30]

9:00

PM

[10:00 PM]

(2) To the extent the Mayor, pursuant to his emergency powers under Section 10-819, extends or expands these curfew hours, the parental liability provisions of Sections 10-304 and 10-307; the establishment liability provisions of Section 10-305; and the enforcement and penalty provisions of Section 10-306, shall apply to violations of this Section 10-303 and to such extended or expanded curfew.

[(2)]

(3)

No minor shall commit a willful tortious act which results in injury to any person or which results in the theft, destruction or loss of property to another.

* * *

§ 10-307. Parental Responsibility for Minor Children.

(1) The parent, legal guardian or other legally responsible adult of any child under the age of eighteen (18) years who violates any provision of

this Chapter 10-300, relating to “Minors,”

Chapter 10-500 relating to "Property - Damaging, Defacing and Interfering With", Chapter 10-600 relating to "Public Places - Prohibited Conduct", or Chapter 10-700 relating to "Refuse and Littering" shall be in violation of this Section.

(2) [The]

Where the underlying violation by the minor was a curfew violation under Section 10-303(1) or (2), the penalty for a violation of this Section may be a fine not to exceed

five hundred dollars ($500). In all other cases, the

penalty for a violation of this Section shall be a fine not to exceed three hundred dollars ($300). Any person authorized to enforce ordinances who becomes aware of a violation by a minor of any provision of Chapter

10-300,

10-500, 10-600 or 10-700 shall attempt to determine the whereabouts of the minor's parent, legal guardian or other legally responsible adult and shal serve upon such adult, by mail or in person, a notice of violation of this Section, pursuant to the provisions of Section 10-718 of this Code. The recipient of such notice of violation may, within ten [(10)]

(30)

days of [receipt]

date

of such notice, pay

, where the underlying violation by the minor was a curfew violation under Section 10-303(1) or (2), seventy-five dollars ($75), and otherwise,

twenty five dollars ($25), admit the violation and waive a hearing, all pursuant to the procedures set forth in Section 10-718.

* * *

SECTION 2. Sunset provision.

(1) The changes to The Philadelphia Code as authorized by this Ordinance, shall lapse on December 15, 2013.

______________________

Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    PASSED

    Member-by-member vote published for this action.

    Pass15 Yes · 1 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Bill GreenYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellNo
    Maria D. Quiñones-SánchezYes
    Marian B. TascoYes
    W. Wilson Goode, Jr.Yes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

    Member voteCITY COUNCIL

    READ

    Member-by-member vote published for this action.

    Pass15 Yes · 1 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be READ. The motion carried by the following vote:

    Member votes

    MemberVote
    Anna Cibotti VernaYes
    Bill GreenYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    Jack KellyYes
    James F. KenneyYes
    Jannie L. BlackwellNo
    Maria D. Quiñones-SánchezYes
    Marian B. TascoYes
    W. Wilson Goode, Jr.Yes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Greenlee that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 4 procedural actionsCommittee on Public Safety
    ProceduralCommittee on Public Safety

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. UnanimousCITY COUNCIL

    Introduced and Referred

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Reynolds Brown that this matter be Introduced and Referred to the Committee on Public Safety. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation