Township of East Manchester, PA Chapter 79 Curfew

[HISTORY: Adopted by the Board of Supervisors of the Township of East Manchester 11-12-1979 by Ord. No. 11-12-79C (Ch. 44 of the 1988 Code). Amendments noted where applicable.]

GENERAL REFERENCES

Northeastern Regional Police Force — See Ch. 29.

§ 79-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHMENT

Any privately owned place or 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 from the first Sunday in April to the last Sunday in October, when it shall be Eastern daylight savings time.

[Amended 4-12-1988 by Ord. No. 4-12-88]

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. 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.

PARENT

Any natural parent of a minor, a guardian or any adult person 18 years of age or over responsible for the care and custody of a minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or place in or upon.

§ 79-2 Unlawful conduct by minors.

A. It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:00 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.

§ 79-3 Unlawful conduct by parents.

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 11:00 p.m. and 6:00 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.

§ 79-4 Unlawful conduct by operators of establishments.

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 11:00 p.m. and 6:00 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.

§ 79-5 Notice of violation; violations and penalties.

A. Any police officer who finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name and address, age and the name and address 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, if possible, if the parent or parents are at home and, if so, notify them verbally of the violation of both the parent and child. If the parent or parents are not found at home, the police officer shall make such report to his superior officer. In all cases, whether or not verbal notice has been given, a written notice shall also be mailed to the parent or parents of the minor advising them of the violations of this chapter.

B. Any person who violates any provisions of this chapter shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate offense, which shall be subjection to prosecution as such. For purposes of this section, in addition to the notice set forth in Subsection A of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Secretary, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom, in addition to any police officer with jurisdiction within the Township, may commence and pursue enforcement proceedings pursuant to this section.

[Amended 4-12-1988 by Ord. No. 4-12-88; 11-7-1988 by Ord. No. 12-13-88B; 5-14-1996 by Ord. No. 5-14-96; 2-19-1997 by Ord. No. 2-19-97A[1]]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. Any operator of any establishment or any agents or employees of any operator who shall permit a minor to violate the provisions of this chapter shall commit a criminal offense, and shall, upon being found guilty by a Magisterial District Judge, after hearing, pay a fine not to exceed $1,000, together with all court costs as permitted by law. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day of violation shall constitute a separate violation which shall be subject to prosecution as such. For purposes of this section, in addition to the notice set forth in Subsection A of this section, the Board of Supervisors of East Manchester Township hereby appoints the Township Manager, Zoning Officer, Permit Officer or Codes Enforcement Officer as authorized representatives, any one of whom, in addition to any police officer, may commence and pursue enforcement proceedings pursuant to this section.

[Amended 4-12-1988 by Ord. No. 4-12-88; 11-7-1988 by Ord. No. 12-13-88B; 5-14-1996 by Ord. No. 5-14-96[2]]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 79-6 Exceptions.

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 East Manchester Township Police Department[1] 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.

[1] Editor's Note: The East Manchester Township Police Department was abolished pursuant to the formation of the Northeastern Regional Police Force; see Ch. 29, Police Force, Northeastern Regional.