For the purpose of this chapter the following terms, phrases, words,
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense including 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.
CHILD
A natural person being under the age of 18 years of age on the date
of the occurrence. The term "juvenile" may be used interchangeably with "child"
in this chapter and also refers to a person under 18 years of age.
CUSTODIAN
Any person over the age of 18 years old, having a duty to provide
for the care, protection, maintenance or support of a child, or any person
acting in loco parentis of a child.
ESTABLISHMENT
Any privately owned place of business, to which the general public
has access by a right, perceived right or custom or invitation, carried on
for profit, or any other place devoted to business, commerce, amusement or
entertainment of or for the general public.
GUARDIAN
A person, other than the parent, having a duty to provide care, protection,
maintenance or support of a child.
OPERATOR
Any individual, firm, association, partnership or corporation operating,
managing or conducting business in any establishment; and whenever used in
any clause prescribing a penalty, the term "operator," as applies to associations
or partnerships or corporations, shall include the members or partners or
officers thereof.
PARENT
A natural parent or adoptive parent or court-appointed/approved foster
parent, or state/county agency authorized or other persons having a duty to
provide for the care, protection, maintenance or support of a child.
POLICE OFFICER
A duly appointed and sworn member of the Montgomery Township Police
Department, having been vested with the powers of a police officer as permitted
by law.
PREVAILING TIME
Eastern standard time (EST) or Eastern daylight saving time (EDT),
whichever is in use by custom, rule, regulation or law, as expressed in either
a.m./p.m. terms or the twenty-four-hour clock (military time).
PUBLIC PLACE
Any street, alley, highway, park, sidewalk, playground or place to
which the general public has access and a right to resort for business entertainment
or other lawful purpose. A "public place" shall include, but not be limited
to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drug
store, poolroom, shopping center parking lot, Township park, (or contiguous
grounds) golf course, school property, and any other place devoted to amusement
or entertainment of the general public. It shall also include the front, back
or immediate surrounding area of these defined public places.
REMAIN
To occupy, loiter, idle, wander, stroll, play or hang out in or upon.
Not withstanding the provisions of §
83-7 of this chapter, the following penalties, as appropriate, shall be imposed for any violation of any provision of this chapter:
A. A child offender's first violation shall result in a
written warning.
B. A child offender's second violation shall constitute
a summary offense, and a fine of $25 plus court costs shall be imposed.
C. A child offender's third and any subsequent offense shall
be a summary offense, and the fine shall then be increased by $25 plus court
costs, until the maximum fine of $200 plus court costs is imposed, after which
the fine shall be $200 plus court costs.
D. A parent, guardian or custodian's first offense shall
result in a written warning.
E. A parent, guardian or custodian's second violation shall
be a summary offense, and a fine of $50 plus court costs shall be imposed.
F. A parent, guardian or custodian's third and any other
subsequent violation shall be a summary offense, and the fine shall then be
increased by $50 plus court costs, until the maximum fine of $200 plus court
costs is imposed, after which the fine shall be $200 plus court costs.
G. An operator's first offense shall result in a written
warning.
H. An operator's second offense shall be a summary offense,
and a fine of $50 plus court costs shall be imposed.
I. An operator's third violation and any subsequent violation
shall be a summary offense, and the fine shall then be increased by $50 plus
court costs, until the maximum fine of $200 plus court costs is imposed, after
which the fine shall be $200 plus court costs.
Severability is intended throughout and within the provisions of this
chapter. If any provision, including any exception, part, phrase or term,
or the application thereof to any person or circumstances is held invalid,
the application to other persons or circumstances shall not be affected thereby
and, the validity of this chapter in any and all other respects shall not
be affected thereby.