[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:
Any time between the hours of 11:00 p.m. and 5:00 a.m. the
following day.
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 16 years of age.
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.
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.
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.
