[Ord. 35, 10/15/1979, § 1]
This Part shall be known and may be cited as the "East Coventry
Township Curfew Ordinance."
[Ord. 35, 10/15/1979, § 2]
For the purposes of this Part, the following terms, phrases,
words and forms thereof, shall have the meanings or interpretations
given herein. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number
include the singular, words used in the singular include the plural,
words used in the male gender include the female, and words used in
the female gender include the male. The word "shall" is to be construed
to indicate mandatory, not merely directory, action or inaction.
The Board of Supervisors of the Township.
Any individual under the age of 18 years.
Any person having legal custody, whether permanent or temporary,
of a minor as (i) a natural or adoptive parent, or (ii) a legal guardian
of the person of the minor, or (iii) a person standing in loco parentis,
or (iv) a person to whom legal custody has been given by order of
Court.
Any street, highway, alley, park, sidewalk, shopping center,
or other places in the Township open to use by the public.
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.
The Township of East Coventry, Chester County, Pennsylvania.
[Ord. 35, 10/15/1979, § 3]
Except as otherwise provided by § 6-104 of this chapter, it shall be unlawful:
[Ord. 35, 10/15/1979, § 4]
In the following cases, it shall not be a violation of the provisions of § 6-103 of this chapter for a minor to be, or to remain, or to be permitted to be or to remain, in or upon a public place at any time between the hours of 10:00 p.m. and 5:30 a.m.:
1.
When the minor is accompanied by his parent.
2.
When the minor is engaged in employment or is in transit to or from
his place of employment.
3.
When the minor is returning home, by a direct route, from, and within
30 minutes of the termination of, a school activity or an activity
of a religious or other voluntary association, which he attended or
in which he participated.
4.
When the minor is seeking or providing aid in an emergency situation
concerning imminent danger to life or property or both.
The burden of proving the applicability of one or more of the
exceptions set forth above shall be upon the minor, parent or other
person asserting the applicability of such exception.
[Ord. 35, 10/15/1979, § 5]
Each and every police officer of the Township is hereby authorized and directed to arrest without warrant any person violating the provisions of § 6-103 of this chapter. If the person so arrested is a minor, the parent of said minor shall be notified of the apprehension and the whereabouts of the minor; and said minor shall be released to his parent upon the promise of the parent to secure or compel the obedience of the minor to the provisions of § 6-103, Subsection 1, of this chapter, unless detention of the minor is otherwise warranted or required under law governing the detention of juveniles. In the event that the parent does not promise to secure or compel the obedience of the minor to the provisions of § 6-103, Subsection 1, the minor shall be detained in accordance with the law governing the detention of juveniles.
[Ord. 35, 10/15/1979, § 6; as amended by Ord. 49,
11/3/1986]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $300; and/or to imprisonment for a term not
to exceed 30 days.
[Ord. 35, 10/15/1979, § 7]
Each District Justice for the Township shall, upon the arrest of a minor for violating the provisions of § 6-103, Subsection 1, of this chapter, or upon the consideration and determination of said violation, inquire into the facts of the arrest and/or violation, together with the conditions and circumstances under which the arrest and/or violation occurred; and where it shall appear that the minor is habitually disobedient or beyond the control of his parents or other lawful authority, or that the minor deports himself so as to injure or endanger the health, safety, morals or general welfare of himself or others, the District Justice shall certify the case to the Court of Common Pleas of Chester County for proceedings in accordance with the juvenile law in such cases. In so certifying the case, the District Justice shall charge the minor with having violated the provisions of § 6-103, Subsection 1, of this chapter and shall indicate whether any fine and costs levied upon the minor for such violation have been paid.
