Township of Lower Frederick, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of Lower Frederick Township 9-2-1997 by Ord. No. 97-3; amended in its entirety 6-2-2009 by Ord. No. 09-04. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 69.
As used in this chapter, the following terms shall have the meanings indicated:
CURFEW HOURS
Any time between the hours of 11:00 p.m. and 5:00 a.m. the following day.
EMERGENCY
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.
ESTABLISHMENT
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.
A. 
A person who, under court order, is the guardian of the person of a minor; or
B. 
A public or private agency with whom a minor has been placed by a court.
MINOR
Any person under 16 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is
A. 
A natural parent, adoptive parent, or stepparent of another person; or
B. 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
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.
A. 
Linger or stay; or
B. 
Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control or the premises.
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.
It shall be unlawful for any person under the age of 18 years to be or remain in or upon any street, highway, alley, park, shopping center, or other public place in the Township of Lower Frederick between the of 11:00 p.m. and 5:00 a.m. the following day. Each violation of the provisions of this section shall constitute a separate offense.
It shall be unlawful for any parent, guardian or other person having legal custody or care of any person under 18 years of age to permit or allow any such child, ward, or person under such age to violate § 65-2. Each violation of the provisions of this section shall constitute a separate offense.
It shall be unlawful for any person, firm or corporation owning, managing or operating a place of public resort to permit any such child under 18 years of age to remain in such place owned, managed or operating by said person, firm or corporation in violation of § 65-2. Each violation of the provisions of this section shall constitute a separate offense.
A. 
Any police officer who finds a minor violating the provisions of this chapter shall obtain from the minor his name, address, age and the name of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith and, if possible, shall be accompanied by the police officer. The police officer shall ascertain wherever practicable whether the parent or parents are at home and, if so, to notify them orally of the violation of both parents and minor. If neither parent is found at home, the police officer shall include that fact in his official report. In all cases, whether or not oral notice has been given, a written notice shall also be mailed to the parents of the minor advising him or them of the violation of this chapter.
B. 
Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation shall be fined not more than $300 for each violation, plus costs of prosecution, and in default thereof shall undergo imprisonment not exceeding 10 days; provided, however, that each day's violation of any of the provisions involved shall constitute a separate offense. Prosecution shall be conducted before a District Justice in the Township of Lower Frederick, and all fines imposed and collected shall be paid to the Township for the use of the latter.
C. 
Any operator of an establishment or any of his agents, servants or employees who shall violate the provisions of this chapter shall be fined not more than $300 for each violation, plus costs of prosecution, and, in default thereof, shall undergo imprisonment not exceeding 30 days; provided, however, that each day's violation of any of the provisions involved shall constitute a separate offense. Prosecution shall be conducted before a District Justice in the Township of Lower Frederick, and all fines imposed and collected shall be paid to the Township for the use of the latter.
A. 
The provisions of this chapter shall not apply to any minor who:
(1) 
Is accompanied by a spouse of 18 years of age or older, a parent or a guardian.
(2) 
Is proceeding expeditiously in the most direct route to his or her home from a lawful place of employment.
(3) 
Is proceeding expeditiously in the most direct route to his or her home from a sponsored school function.
(4) 
At the discretion of the police officer, has a valid excuse.