Township of Rochester, PA Chapter 63 Curfew

[HISTORY: Adopted by the Board of Commissioners of the Township of Rochester 6-18-1985 by Ord. No. 309 as Art. 729 of the 1985 Codified Ordinances. Amendments noted where applicable.]

§ 63-1 Definitions.

For the purpose of this chapter the following definitions shall apply:

AFTER HOURS

The period of time each night between the hours of 11:00 p.m. and 6:00 a.m. EST or DST depending on which is in effect in the Township.

ESTABLISHMENT

Any publicly owned place of business, amusement or entertainment open to the public or any segment thereof.

MINOR

Any person less than 18 years of age.

OPERATOR

Any individual, firm, association, partnership or corporation owning, operating, managing or conducting any establishment.

PARENT

The natural parent or guardian or adult person 21 years of age or over responsible for the custody or care of any minor.

PUBLIC PLACE

Any public street, highway, alley, park, playground, vacant lot, public building, business terminal or other similar place.

§ 63-2 Unlawful conduct.

A. No minor shall remain in or on any public place or establishment in the Township after hours unless such minor is accompanied by a parent or is on an errand under the direction of the parent or unless the minor is engaged in gainful lawful employment, in which case the minor shall carry written identification and evidence of employment.

B. No operator of an establishment knowingly shall permit any minor to remain in or upon the premises of such establishment after hours.

C. Each violation of any provision of this section shall constitute a separate offense.

§ 63-3 Report; disposition of minor.

A. Any police officer who finds a minor violating any provision of this chapter shall attempt to obtain the name, age, date of birth and address of the minor and the name of his/her parents. The minor shall thereupon be taken directly to his/her home or instructed to go there or the minor may be taken to the police station and the parents notified.

B. The information obtained from the minor together with a full report shall be transmitted to the Chief of Police, who shall cause a written notice to be delivered to the parents of the minor advising them of the violation of this chapter. A record of such violations shall be maintained by the police.

§ 63-4 Proof of age.

Any police officer taking a minor into custody under the provisions of this chapter shall use his/her discretion in determining age. In doubtful cases the police officer may require positive proof, and until such proof is furnished the officer's judgment shall prevail.

§ 63-5 Exception.

In the case of athletic contests, school functions and other properly supervised public functions, the terms of this chapter shall not apply until a reasonable time after the conclusion of such contest or events.

§ 63-6 Violations and penalties.

A. Any parent who permits a minor to violate any provision of this chapter after having received written notice of a prior violation shall be fined not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, imprisoned for a term not exceeding 30 days.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

B. Any operator who violates this chapter shall be fined not more than $600, plus costs of prosecution, and, in default of payment of such fine and costs, imprisoned for a term not exceeding 30 days.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any minor who violates any provision of this chapter more than three times shall be delivered to the custody of the Juvenile Court of the County.