[HISTORY: Adopted by the Board of Commissioners
of the Township of Springfield 4-9-2002 by Ord. No. 1395. Amendments
noted where applicable.]
A.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
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:
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.
To:
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.
B.
Offenses.
(1)
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.
(2)
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.
(3)
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.
C.
Defenses.
(1)
It is a defense to prosecution under Subsection B that the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's parent
or guardian, without any detour or stop;
(c)
In a motor vehicle involved in interstate travel;
(d)
Engaged in an employment activity, or going to or
returning home from an employment activity, without any detour or
stop;
(e)
Involved in an emergency;
(f)
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
(g)
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.
D.
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.