[HISTORY: Adopted by the Board of Commissioners of the Township of Lower Allen 6-10-1985 (Art. 717 of the 1985 Code of Ordinances). Amendments noted where applicable.]
For the purpose of this chapter, the following words shall have the meanings ascribed to them in this section, except where the context in which the word is used clearly indicates otherwise:
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL TOWNSHIP TIME
Eastern standard time except during those months when Eastern daylight saving time is observed in the Township of Lower Allen.
OPERATOR
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 includes the members or partners thereof and as applied to corporations, includes the officers thereof.
PARENT
Any natural parent, guardian or other person having the legal care or custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
[Amended 10-10-1994 by Ord. No. 94-7]
A. 
No minor shall be or remain in or upon any public place or any establishment between 12:01 a.m. and 6:00 a.m. of the following days,[1] except as hereinafter set forth in Subsection B.
[1]
Editor's Note: So in original.
B. 
It is a defense to prosecution under Subsection A that the minor was:
(1) 
Accompanied by a minor's parent or guardian.
(2) 
On an errand at the direction of the minor's parent or guardian, without any detour or stop.
(3) 
In a motor vehicle involved in interstate travel.
(4) 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop.
(5) 
Involved in an emergency.
(6) 
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.
(7) 
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the West Shore School District, Township of Lower Allen, a civic organization or other 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 West Shore School District, the Township of Lower Allen, a civic organization or another similar entity that takes responsibility for the minor.
(8) 
Married or had been married or had disabilities of minority removed in accordance with law.
C. 
It is a defense to prosecution under Subsection A that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
No minor shall remain in or upon any public place or any establishment during the time prohibited in § 83-2, except as therein provided.
No parent shall allow or permit any minor to remain in or upon any public place or any establishment during the time prohibited in § 83-2, except as therein provided.
No operator of an establishment or the servants, agents or employees of such operator shall allow or permit any minor to be or to remain in or upon the premises of such establishment during the time prohibited in § 83-2, except as therein provided.
To the extent applicable, and notwithstanding any provision herein to the contrary, the Juvenile Act of 1972,[1] and all amendments thereto shall be followed in the application of this chapter.
[1]
Editor's Note: See 42 Pa.C.S.A. § 6301 et seq.
A. 
Any minor who violates any provision of this chapter shall be fined $50 for the first offense, $50 for the second offense, $50 for the third offense, $100 for the fourth offense, and $300 for the fifth offense and each offense thereafter, and costs of suit.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Any parent who violates any provision of this chapter shall be fined $50 for the first offense, $50 for the second offense, $50 for the third offense, $100 for the fourth offense, and $300 for the fifth offense and each offense thereafter, and costs of suit and, in default of the payment of such fine and costs, shall be imprisoned for not more than 30 days.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Any operator of an establishment and any agent, servant or employee of such operator violating any provision of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $100 nor more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Township in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Township may enforce this chapter in equity in the Court of Common Pleas of Cumberland County.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Each violation of the provisions of this chapter shall constitute a separate offense.