[HISTORY: Adopted by the Board of Supervisors
of the Township of Whitpain 11-12-1962 as Ord. No. 43. Other amendments noted
where applicable.]
GENERAL REFERENCES
Disturbing the peace — See Ch. 83.
As used in this chapter, the following terms
shall have the meanings indicated:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern standard time except from the last Sunday in April
to the last Sunday in October, when it shall be Eastern daylight saving
time.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include the members or partners
thereof, and as applied to corporations, shall include the officers
thereof.
Any natural parent of a minor, a guardian or any adult person
21 years of age or over responsible for the care and custody of a
minor.
Any public street, highway, road, alley, park, playground,
public building or vacant lot.
To loiter, idle, wander, stroll or play in or upon.
A.
It shall be unlawful for any minor to remain in or
upon any public place or any establishment between the hours of 10:30
p.m. and 6:30 a.m. of the following day, official township time, except
that on Fridays and Saturdays the hours shall be from 12:00 midnight
to 6:00 a.m.
B.
The provisions of this section shall not apply to
any minor accompanied by a parent or to a minor upon an errand or
other legitimate business directed by such minor's parent or to any
minor who is engaged in gainful lawful employment during the curfew
hours.
C.
Each violation of the provisions of this section shall
constitute a separate offense.
A.
It shall be unlawful for any parent knowingly to permit
any minor to remain in or upon any public place or any establishment
between the hours of 10:30 p.m. and 6:30 a.m. of the following day,
official township time, except that on Fridays and Saturdays the hours
shall be from 12:00 midnight to 6:00 a.m.
B.
The provisions of this section shall not apply to
any parent who accompanies a minor or to a parent who directs a minor
upon an errand or other legitimate business or to any parent of a
minor engaged in gainful lawful employment during the curfew hours.
C.
Each violation of the provisions of this section shall
constitute a separate offense.
A.
It shall be unlawful for any operator of any establishment
or his agents or employees knowingly to permit any minor to remain
upon the premises of said establishment between the hours of 10:30
p.m. and 6:30 a.m. of the following day, official township time, except
that on Fridays and Saturdays the hours shall be from 12:00 midnight
to 6:00 a.m.
B.
Each violation of the provisions of this section shall
constitute a separate offense.
A.
Any police officer that finds a minor violating the provisions of
this chapter shall obtain information from such minor as to his name,
address and age and the name and address of his parent(s) or guardian(s)
(the "responsible adults"). The police officer shall detain the minor
and:
[Amended 1-19-2016 by Ord. No. 346]
(1)
Before transporting the minor off of the premises where apprehended,
call the responsible adults and notify them of the minor's whereabouts.
(a)
The police officer shall permit the responsible adults to collect
the minor at the premises in a timely manner.
(b)
If the responsible adults cannot arrive at the premises within
a timely manner, the police officer shall direct the responsible adults
to collect the minor at the Whitpain Township Police Station.
(c)
In the sole discretion of the police officer, if verbal permission
is given by the responsible adults directly to the police officer,
the police officer shall be permitted to transport the minor to the
residence of the responsible adults.
(2)
If verbal permission is given by the responsible adults directly
to the police officer, the police officer may permit the minor to
be collected by an adult other than the responsible adults from either
the premises or the Whitpain Township Police Station.
(3)
If the responsible adults are unresponsive or refuse to collect the
minor, the police officer shall transport the minor to the Whitpain
Township Police Station. If the responsible adults do not collect
the minor in the briefest time necessary, the police officer shall
contact the Montgomery County Juvenile Probation Office to arrange
for temporary shelter for the minor.
(4)
At all times, the detention of the minor shall be in accordance with
the juvenile detention procedures of the Juvenile Act (42 Pa.C.S.A.
§ 6301 et seq.) and the Whitpain Township Police Department
juvenile detention procedures.
(5)
If the minor is transported to the station, the police officer shall
make a report to his superior officer.
B.
Any parent who shall permit a minor to violate the
provisions of this chapter after having received notice of a prior
violation shall, upon conviction thereof, be punishable for each offense
by a fine of not more than $600 and costs of prosecution or, upon
default in payment of the fine and costs, by imprisonment in the county
jail for not more than 30 days.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No.
189]
C.
Any operator of any establishment and any agents or
employees of any operator who shall violate the provisions of this
chapter shall, upon conviction thereof, be punishable for each offense
by a fine of not more than $600 and costs of prosecution or, upon
default in payment of the fine and costs, by imprisonment in the county
jail for not more than 30 days.
[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No.
184]
Where there are special events, programs or
functions by properly organized and supervised organizations to advance
legitimate recreation, character development, religious training and
school activities in the building of good citizenship in young people,
the Whitpain Police Department will grant special consideration in
such cases upon receipt of notice thereof and the children will be
permitted to proceed directly home from the event without incident.