Township of West Manheim, PA Chapter 118 Curfew

[HISTORY: Adopted by the Board of Supervisors of the Township of West Manheim 2-3-2000 by Ord. No. 1-2000. Amendments noted where applicable.]

GENERAL REFERENCES

Parks and recreation areas — See Ch. 172.

§ 118-1 Short title.

This chapter shall be known and may be referred to as the "Curfew Ordinance."

§ 118-2 Purpose.

This is a chapter prescribing regulations for the conduct of minors in public places in West Manheim Township during specified hours. This chapter has the following purposes:

A. The enforcement of parental control and parental responsibility;

B. The protection of the public from nocturnal mischief by minors and the reduction of juvenile criminal activity;

C. The furtherance of family responsibility; and

D. The public good, safety and general welfare.

§ 118-3 Definitions.

As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

MINOR

Person under the age of 18 years.

PARENT

Any natural parent of a minor, as herein defined, or a guardian, or any adult person responsible for the care and custody of a minor. When used in this chapter, "parent" shall mean one or both parents.

PUBLIC SPACE

Any public street, alley, sidewalk, park, playground, public building or vacant lot within West Manheim Township.

REMAIN

To stay behind, or tarry unnecessarily upon the streets. Not to include minors involved in emergencies or ordinary purposes such as mere passage through the Township, returning home directly from school activities or a place of employment.

§ 118-4 Curfew established.

It shall be unlawful for minors to be in or upon, or to remain in or upon, any public space in the West Manheim Township at night after the hour of 11:00 p.m. until 5:00 a.m. the following morning, prevailing time, unless such minor is accompanied by any parent, guardian or other person having the legal custody of such minor.

§ 118-5 Duties of parents and guardians.

It shall be unlawful for any parent, guardian, or person having legal care or custody of a minor to intentionally or knowingly permit such minor to violate any provisions of this chapter.

§ 118-6 Violations and penalties.

A. Any minor found upon public space within West Manheim Township, in violation of § 118-4 of this chapter, shall be taken into custody by the Township police, who shall either notify or deliver said minor to a parent, responsible person, guardian or person having the legal custody of said minor and make a report thereof on the departmental Offense and Incident Log Book.

B. Police officers shall have ultimate discretion in dealing with curfew violations, but, generally, the officer should issue a warning for the first-time offender. Second and subsequent violations of this chapter shall be referred to the Magisterial District Judge.

C. Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]

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

§ 118-7 Determination of age.

The police officers of the Township, in taking minors into custody under this chapter, shall use their discretion in determining age and in doubtful cases may require positive proof, and, until such proof is furnished, the officer's judgment shall prevail.