[HISTORY: Adopted by the Borough Council of the Borough of
Manheim 7-28-1964 by Ord. No. 352 (Ch. 6, Part 5, of the 1992 Code).
Amendments noted where applicable.]
Borough Council, being cognizant of the problem of juvenile
delinquency and believing that it can be dealt with more effectively
by regulating the hours during which minors less than 18 years of
age may remain in public places and certain establishments without
adult supervision and by defining more clearly certain duties and
responsibilities upon those who have the custody and responsibility
of the care of such minors, direct that in the administration and
enforcement of this chapter the fundamental purpose of reducing juvenile
delinquency shall be foremost.
For purposes of this chapter, the following definitions shall
apply:
The period of time between 11:00 p.m. prevailing time and
6:00 a.m.
[Amended 7-14-1992 by Ord. No. 524]
Any privately-owned place of business carried on for profit,
any place of amusement or entertainment to which the public is invited,
and any similar place.
Any persons less than 18 years of age. For the purpose of
this chapter, any person shall be deemed to be 18 years of age on
the date of his or her 18th birthday and not before this time.
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment; and whenever
used in any clause prescribing a penalty, the word "operator," as
applied to associations or partnerships, shall include the members,
partners, officers and managers thereof or any of them and, as applied
to corporations, shall include the officers and managers thereof or
any of them.
The natural parent, guardian or adult person 21 years of
age or over responsible for the custody or care of any minor.
Any public street, highway, road, alley, park, playground,
vacant lot, public building or similar place.
Loiter, idle, wander, stroll, or play, or be.
It shall be unlawful for any minor to remain in or upon any
public place or establishment in the Borough of Manheim after hours
unless accompanied by a parent or upon an errand or other legitimate
business directed by a parent or unless engaged in gainful, lawful
employment after hours, in which case said minor shall carry written
identification and evidence of such employment.
No parent shall knowingly permit any minor to remain in or upon
any public place or establishment after hours unless the parent shall
accompany the minor or shall direct the minor in writing to perform
an errand or engage in other legitimate business, which writing shall
be kept in the possession of such minor, or unless such minor is engaged
in gainful, lawful employment after hours, in which case said minor
shall carry written identification and evidence of such employment.
It shall be unlawful for any operator of an establishment knowingly
to permit any minor to remain upon the premises of said establishment
after hours.
The Chief of Police is authorized from time to time to promulgate
such rules and regulations, including the extension of hours for special
occasions, as in his sole and uncontrolled discretion shall be necessary
or useful in the enforcement of this chapter.
Any police officer who finds a minor violating any provision
of this chapter shall endeavor to obtain the name, age, date of birth
and address of the minor and the names of the minor's parents.
The minor shall thereupon either be brought to the Police Station
and the parents notified, or taken or instructed to proceed directly
to his home. The information obtained from the minor, together with
a full report, shall be transmitted to the Chief of Police, who shall
cause written notice to be delivered, by mail or otherwise, to the
parents of the minor advising them of the violation of this chapter.
A record of all violations shall be kept.
[Amended 7-14-1992 by Ord. No. 524]
A.
Parents and minors.
(1)
Any parent who shall permit a minor to violate the provisions of
this chapter after receiving notice of a prior violation shall, upon
conviction, be fined not less than $1 and, after more than one conviction,
not less than $5 nor more than $600 for each offense and, in default
of payment thereof, shall undergo imprisonment in the Lancaster County
Prison for a period not exceeding 24 hours for the first offense and
not exceeding 30 days for all subsequent offenses.
(2)
Any minor who is at least 14 years of age and violates the provisions of § 105-3 of this chapter after having received notice of a prior violation shall, upon conviction, be fined not more than $100 for each offense and, in default of payment thereof, shall be referred to the juvenile authorities. Any fine imposed on a minor for a violation of this chapter may be converted to hours of community service work at the discretion of the Magisterial District Judge.
B.
Any operator who shall violate this chapter shall, upon conviction
thereof, be sentenced to pay a fine of not less than $10 for the first
offense, not less than $25 for any subsequent offense, nor more than
$600 for any violation and, in default of payment thereof, may be
sentenced to undergo imprisonment in the Lancaster County Prison for
a period of not less than five days for the first offense, not less
than 15 days for any subsequent offenses, and not more than 30 days
for any offense.
