[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview 9-18-1973 by Ord. No. 73-10 (Ch. 6, Part 2, of the 1991 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Fairview Township Curfew Ordinance".
For the purposes of this chapter, the following words shall have the meaning ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
ESTABLISHMENT
Any privately owned place of business carried on for profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL TOWNSHIP TIME
Eastern Standard Time, except during those months when Eastern Daylight Saving Time is observed in the Township of Fairview.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the term "operator" as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof.
PARENT
Any natural parent, guardian or other person having the legal care of or custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
It shall be unlawful for any minor to be or remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:00 a.m. of the following day, Official Township time, except as follows:
A. 
On Friday, the time prohibited shall be between the hours of Friday at midnight (12:00 a.m.) and 6:00 a.m., Saturday morning, prevailing time;
[Amended 9-29-2014 by Ord. No. 2014-10]
B. 
On Saturday, the time prohibited shall be between the hours of Saturday at midnight (12:00 a.m.) and 6:00 a.m., Sunday morning, prevailing time;
[Amended 9-29-2014 by Ord. No. 2014-10]
C. 
When said minor is accompanied by a parent;
D. 
When said minor is engaged in gainful and lawful employment during said time prohibited, or traveling to or from such employment.
It shall be unlawful for any parent to allow or permit any minor to remain in or upon any public place or any establishment during the time prohibited in § 117-3 of this chapter, except as therein provided.
It shall be unlawful for any operator of an establishment, or the servants, agents or employees of such operator, to allow or permit any minor to remain in or upon the premises of said establishment during the time prohibited in § 117-3 of this chapter, except as therein provided.
Any police officer who finds a minor violating any of the provisions of this chapter shall obtain information from such minor as to his or her name, address and age and the name and address of his or her parent or parents, instruct such minor to proceed to his or her home immediately, and make report of the same to the Chief of Police who shall maintain a record thereof.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2; 9-29-2014 by Ord. No. 2014-10]
Any person who or which has violated or permitted the violation of the provisions of this chapter shall be subject to a summary criminal proceeding before the Magisterial District Judge as provided by the Pennsylvania Rules of Criminal Procedure, as may be amended from time to time. Upon a finding of a violation hereunder, a fine of not more than $1,000, plus the costs of prosecution, including court costs and reasonable attorney fees incurred by the Township to prosecute the violation, shall be imposed, and such person may be subject to imprisonment of up to 30 days in the event such fines and costs are unpaid. Each day that such violation(s) continue shall constitute a separate offense of this chapter.