Township of Nether Providence, PA Chapter 105 Curfew

[HISTORY: Adopted by the Board of Commissioners of the Township of Nether Providence 12-10-1992 by Ord. No. 581. Amendments noted where applicable.]

§ 105-1 Definitions.

A. In this chapter, the following definitions shall apply:

MINOR

Any unmarried person under the age of 18 years.

PARENT

Any natural or adoptive parent of a minor, a legal guardian, or any adult person 21 years of age who stands in loco parentis, or any person to whom legal custody of a minor has been given by court order.

PUBLIC PLACE

Any public street, sidewalk, highway, road, alley, park, playground, public building or vacant lot.

REMAIN

To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups or of interacting minors totaling four or more persons, in which any minor involved would not be using the streets for ordinary or serious purposes, such as mere passage or going home.

STREET

A way or place, of whatever nature, open to the use of the public for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. The term "street" includes the legal right-of-way, including but not limited to the cartway of traffic lanes, the curb, the sidewalks, whether paved or unpaved, any grassplots or other grounds found within the legal right-of-way of a "street." The term "street" also applies, for curfew purposes, to ways the public is privileged to use over private property so long as the owner permits, including sidewalks and grassplots similarly open at the time to public use, and to parking areas of any type (residential, municipal or commercial) open to public use or from such "street" or any type of "street." The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise, or whether it is open to the use of the public as a matter of right.

TIME OF NIGHT

Based upon the prevailing standard of time, whether Eastern standard time or Eastern daylight saving time, generally observed at that hour by the public in the Township, prima facie the time then observed in the Township administrative offices and police station.

YEAR OF AGE

Continues from one birthday, such as the seventeenth, to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or fewer years of age is herein treated as equivalent to the phrase "under 18 years of age."

B. Word tense. 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.

§ 105-2 Establishment of curfew; applicability.

A. It shall be unlawful for any minor person to be or remain upon any public place between the hours of 10:00 p.m. and 5:00 a.m. of the following day, prevailing time, except that on Fridays, Saturdays and the eve and day of any holiday as established by the Commonwealth of Pennsylvania, the hours shall be 11:00 p.m. and 5:00 a.m.

[Amended 9-12-1996 by Ord. No. 595]

B. The provisions of this section shall not apply to any minor accompanied by this parent or to a minor performing an emergency errand or legitimate business directed by his or her parent or to any minor who is engaged in gainful, lawful employment during the curfew hours.

§ 105-3 Parental responsibility.

It shall be unlawful for a parent having legal custody of a minor knowingly to permit, or by inefficient control to allow, such a minor to be or remain upon any street within the Township under circumstances not constituting an exception to or otherwise beyond the scope of this chapter. The term "knowingly" includes knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody. It is intended to continue to keep neglectful or careless parents up to a reasonable community standard of parental responsibility through an objective test. It shall, a fortiori, be no defense that a parent was completely indifferent to the activities or conduct or whereabouts of such minor.

§ 105-4 Violations and penalties.

A. Any police officer who finds a minor violating any provision of this chapter shall obtain information from such minor as to his or her name and address, age and the name and address of his or her parent or parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A written notice of the violation shall be mailed to or served upon the parent or parents of the minor by the Chief of Police or his designee.

B. Any parent of a minor who shall permit said minor to violate any provision of this chapter, after having received notice of a prior violation, shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations.

C. Any minor person who shall violate any provision of this chapter, after having received notice of a prior violation, shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations, except that a juvenile offender, upon default of payment of fine and costs, shall be referred to the juvenile authorities of Delaware County as provided by law.

D. Any minor or other person who aids or abets the violation of any provision of this chapter by a minor and/or his or her parent shall likewise be guilty of a violation of this chapter and shall be punishable as provided in Chapter 1, General Provisions, Art. II, Violations and Penalties, § 1-17, Other violations, except that a minor, upon default of payment of fine and costs, shall be referred to the juvenile authorities of Delaware County as provided by law.