This chapter shall be known as the "Lancaster Township Curfew Ordinance."
The Township of Lancaster, recognizing the problem of crimes committed
by and against juveniles during the nighttime, and believing that it can be
dealt with more effectively by regulating the hours during which minors less
than 18 years of age may remain in public places and certain establishments
without adult supervision, and by defining more clearly certain duties and
responsibilities upon those who have the custody and responsibility for the
care of such minors, hereby enacts this chapter for the purpose of:
A. Promoting the general welfare and protecting the general
public through reduction of juvenile violence and crime within the Township
of Lancaster;
B. Promoting the safety and welfare of Lancaster Township
citizens under the age of 18 whose youth and inexperience render them particularly
vulnerable to becoming participants in criminal activity or in being victimized
by perpetrators of crime; and
C. Fostering and strengthening parental responsibility for
their minor children.
In this chapter the following definitions shall apply:
AFTER HOURS
The period of time between the hours of 10:00 p.m. and 6:00 a.m.
on Sunday through Thursday nights and 12:00 midnight and 6:00 a.m. on Friday
and Saturday nights.
EMERGENCY
Refers to unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb, or property.
The term includes, but is not limited to, fires, natural disaster, automobile
accidents, or other similar circumstances.
ESTABLISHMENT
Any privately owned place of business operated for profit, including
any place of amusement or entertainment, to which the public is invited.
MINOR
Any person less than 18 years of age. For the purpose of this chapter
any person shall be deemed to be 18 years of age on the date of his or her
18th birthday and not before this time.
OPERATOR
Any individual, entity, firm, association, partnership, limited liability
company, or corporation owning, operating, managing, or conducting any establishment.
Whenever used in any provision prescribing a penalty, the word "operator"
shall include the members, partners, officers, and managers of any firm, association,
partnership, limited liability company, or corporation.
PARENT
The biological or adoptive parent of a minor; a legal guardian of
a minor; or an adult person 18 years of age or over and who is authorized
by a minor's parent or legal guardian to be responsible, either temporarily
or permanently, for the custody or care of any minor or for the control of
such minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, vacant
lot, or any private building, structure or area to which the public is invited
or in which the public is allowed to remain.
REMAIN
To be at or stay at a place.
It shall be unlawful for a minor to remain in or upon any public place
or to remain in any motor vehicle operating or parked therein or thereon,
or to remain in or upon an establishment in Lancaster Township after hours
except as follows:
A. The minor is accompanied by a parent; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an activity related to his or
her employment, or is going to or returning home from such employment activity,
without detour or stop; or
D. The minor is on the sidewalk directly abutting a place
where he or she, with a parent, resides; or
E. The minor is attending an activity sponsored by a school,
religious, or civic organization, by a public organization or agency, or by
another similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without detour
or stop; or
F. The minor is on an errand at the direction of a parent,
and the minor has in his or her possession a written statement signed by the
parent containing the following information: the name, signature, address,
and telephone number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the minor,
a brief description of the errand, the minor's destination(s), and the
hours the minor is authorized to be engaged in the errand; no minor or parent
shall falsify the documents described above; or
G. The minor is involved in interstate travel through or
beginning or terminating in Lancaster Township; or
H. The minor is exercising First Amendment rights protected
by the United States Constitution, such as the free exercise of religion.
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under §
129-4 of this chapter. "Knowingly" shall mean knows or has reason to know.
No operator of an establishment shall knowingly permit any minor to
remain upon the premises of such establishment after hours.
The Chief of Police is hereby authorized from time to time to promulgate
such rules and regulations, including the extension of hours for special occasions,
as in his or her opinion shall be necessary or useful in the enforcement of
this chapter. Such rules and regulations shall, however, be subject to the
approval of the Lancaster Township Board of Supervisors.
Each violation of the provisions of this chapter shall constitute a
separate offense.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in §
129-4 applies.
A. Any minor or parent who violates the provisions of this
chapter for the first time may be issued a citation. The minor may be taken
into temporary custody, in which case his or her parents or other appropriate
person, as defined in the definition of "parent," shall be notified and the
minor shall be released into the custody of the appropriate parent or parents
of the minor or to a brother or sister 18 years of age or older, as defined
in the definition of parent. If no such person is available after reasonable
efforts have been made to locate such person, then the minor shall be released
to such agencies or institutions as are established for juvenile welfare.
B. Any minor or parent who violates any provisions of this
chapter is guilty of a summary offense and, upon conviction thereof, shall
be subject to fine or imprisonment as follows:
(1) First offense: up to $10.
(2) Second offense: up to $25.
(3) Third offense: up to $50.
(4) Fourth offense: up to $100. Parents are subject to imprisonment
up to 90 days and minors to referral to the juvenile court system.
(5) Fifth and subsequent offenses: up to $300. Parents are
subject to imprisonment up to 90 days and minors to referral to the juvenile
court system.
C. Any operator convicted of violating the provisions of
this chapter for the first time shall be fined $50 and shall be subject to
imprisonment for a term not to exceed 90 days. Any operator convicted of violating
the provisions of this chapter for the second or subsequent time shall be
fined $300 and shall be subject to imprisonment for a term not to exceed 90
days.
This chapter and the need for it shall be reviewed annually. By March
1, 2002, and each year thereafter, the Manager or designee and/or the Chief
of Police of Lancaster Township shall review the chapter and report and/or
make recommendations to the Lancaster Township Board of Supervisors concerning
the effectiveness of and the continuing need for this chapter. The report
shall include, but not be limited to, the following information:
A. The practicality of enforcing the chapter and any problems
with enforcement identified by the City of Lancaster Bureau of Police for
Lancaster Township;
B. The impact of this chapter and support programs on juvenile
crime statistics;
C. Number of juveniles taken into custody for curfew violations;
D. Number of official citizen complaints filed regarding
the enforcement of this chapter;
E. Number of operators who have violated the provisions
of this chapter.