[HISTORY: Adopted by the Board of Commissioners of the Township of Springfield 4-9-2002 by Ord. No. 1395. Amendments noted where applicable.]
Definitions. In this section, the following terms shall have the meanings indicated:
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- Any person under 18 years of age.
- Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of any association or partnership and the officers of a corporation.
- A person who is:
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops.
- SERIOUS BODILY INJURY
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A minor commits an offense if he remains in any public place or on the premises of any establishment within the Township during curfew hours.
A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Township during curfew hours.
The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
It is a defense to prosecution under Subsection B that the minor was:
Accompanied by the minor's parent or guardian;
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
Involved in an emergency;
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence; or
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Township of Springfield, a civic organization, a religious organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Township of Springfield, a civic organization, a religious organization or another similar entity that takes responsibility for the minor.
Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in Subsection C is present.
Within six months after the initial enforcement of this chapter, the Township Chief of Police shall review this chapter and report and make recommendations to the Township Board of Commissioners concerning the effectiveness of and the continuing need for the chapter. The Police Chief's report shall specifically include the following information:
This chapter shall take effect immediately from and after its passage.