[Ord. 95-5, 7/10/1995, § 1]
1.
PARENT
PUBLIC PLACE
REMAIN
As used in this part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Any natural parent of a child under the age of 16 years,
or a guardian or any adult person responsible for the care and custody
of said child. When used in this part, "parent" shall mean one or
both parents.
Any public street, alley, sidewalk, cartway, road, park,
playground, public building or vacant lot in the Township of New Hanover.
To stay behind, to tarry and to stay unnecessarily upon the
streets or other public places, including the congregating of groups
(or of interacting children under the age of 16 years) totaling three
or more persons which are not using the streets for emergencies or
ordinary purposes such as the mere passage to their home or residence.
2.
In this part, the singular shall include the plural, the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 95-5, 7/10/1995, § 2]
This is a curfew ordinance prescribing, in accordance with the
prevailing community standards, regulations for the conduct of children
under the age of 16 years of age on the streets, or in public places,
at night, within the hours hereinafter set forth, for the protection
of younger children in the Township of New Hanover from each other
and from other persons on the street during said hours, for the enforcement
of parental control and responsibility for their children, for the
protection of the public from nocturnal mischief by said children
and for the reduction of the incident of juvenile criminal activity,
all for the good of said children, for the furtherance of family responsibility
and for the public good, safety and welfare. This part is specifically
intended to regulate the conduct of said children under the age of
16 years, to reduce or eliminate the incident of vandalism and damage
to public property, including the parks and open spaces now owned
and being developed by the Township of New Hanover and to eliminate
the complaints about the disturbance of the public peace, safety and
welfare on or about the streets or public places throughout the Township,
with an emphasis on the protection of said children under the age
of 16 years old.
[Ord. 95-5, 7/10/1995, § 3]
It shall be unlawful for any person under the age of 16 years
to be on or present in any public street, alley, sidewalk, roadway,
cartway, park, playground, public building or vacant lot or any other
public place in the Township of New Hanover, between the hours of
10:00 p.m. to 5:00 a.m. of the following day on Sunday, Monday, Tuesday,
Wednesday and Thursday evenings and from 11:00 p.m. to 5:00 a.m. of
the following day on Friday and Saturday evenings prevailing time,
unless accompanied by a parent or guardian or other adult person having
lawful custody and control of his or her person, or unless there exists
a reasonable necessity therefore. The presence of a person under the
age of 16 years upon or in a public street or other public place,
between the above-noted hours, unaccompanied by a parent, guardian
or other adult person on hand being in lawful custody and control
of his or her person, shall be prima facie evidence that such person
is there unlawfully and that no reasonable excuse exists for such
presence.
[Ord. 95-5, 7/10/1995, § 4]
1.
"Reasonable excuse" shall include the following:
A.
A person under the age of 16 years accompanied by a parent, guardian
or other person having legal care or custody of such person.
B.
Medical or other similar emergency errand with the approval of the
parent, guardian or other person having legal care or custody of such
person.
C.
Activities of a junior fireman going to or from fire calls.
D.
Lawful employment, making it necessary to be on or in the highways,
streets or other public property, as stated above and possessing a
current letter certifying the same and signed by the employer, parent,
guardian or other person having legal care or custody of such person.
E.
A person under the age of 16 years traveling to or from church functions,
school functions or municipal activity with parental permission, not
to extend more than one hour after the conclusion thereof.
[Ord. 95-5, 7/10/1995, § 5]
It shall be unlawful for any parent, guardian or other adult
having lawful custody and control, knowingly or with reason to know,
to permit any such person under the age of 16 years to be present
upon or in any public road or street or other public place in New
Hanover Township, Montgomery County, Pennsylvania, or otherwise to
be in violation of this part without legal justification therefore.
[Ord. 95-5, 7/10/1995, § 6]
It shall be unlawful for any person, firm or corporation owning,
managing or operating a place of public resort, public service or
public accommodation, to permit any person under the age of 16 years
old to remain in such place, owned, managed or operated by said person,
firm or corporation, between the hours of the curfew hereby established
or to violate any of the provisions of this part.
[Ord. 95-5, 7/10/1995, § 7]
It shall be unlawful for any adult (other than the parent, guardian
or adult having lawful custody and control of said person) knowingly
to be in the company of any person under the age of 16 years, in any
public street or other public place in violation of this part.
[Ord. 95-5, 7/10/1995, § 8; as amended by Ord.
97-7, 10/13/1997, § 6-308; and by Ord. 17-03, 3/27/2017]
Any person under the age of 16 years, as above designated, found upon the streets, alleys, roadways, cartways, parks or other public places within the Township of New Hanover, in violation of § 6-303 of this part, shall be taken into custody by the New Hanover Township Police or other legally authorized individual, and be delivered to his parent, guardian or person having legal custody of said person and a report thereof shall be kept in the New Hanover Township Police records. If said parent, guardian or person having legal care or custody of said person under 16 years of age shall again allow him to be on the streets, alleys, roadways, parks or public places in violation of this part, said parent, guardian or person having legal custody of said person so offending for a second offense shall, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 90 days. Each day that a violation of this part continues or each section of this part which shall be found to have been violated shall constitute a separate offense. A like penalty may be imposed on any person aiding or abetting in the violation of the intent and purpose of this part.
[Ord. 95-5, 7/10/1995, § 9]
Any person under the age of 16 years who shall violate this
part more than three times may, at the discretion of the Township
Police Department, be reported to the juvenile probation officers
of Montgomery County, Pennsylvania, and such proceedings shall be
initiated in the Court of Common Pleas of Montgomery County, as exercised
jurisdiction as the Juvenile Court may deem necessary by the said
juvenile probation officers, Township Police Department or by any
citizen who is a resident of Montgomery County, and the parent, guardian
or person having legal care and custody of said person shall likewise
be reported to said juvenile probation officers and a like procedure
followed as in the case of such person under the age of 16 years of
age.
[Ord. 95-5, 7/10/1995, § 10]
The police officers of the Township of New Hanover, in taking
persons into custody, shall use their discretion in determining the
age of said persons and, in doubtful cases, may require positive proof
of age and until such proof is furnished, the officer's judgment
shall prevail.
[Ord. 95-5, 7/10/1995, § 11; as amended by Ord.
97-7, 10/13/1997, § 6-311; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $25 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this part continues or each section of this part which shall be
found to have been violated shall constitute a separate offense.
