[Ord. 413, 10/28/1992, § 1]
It is hereby declared the enactment of this Part 1A is necessary
to secure the public safety, in that:
A.
A serious situation has been created by a substantial increase in
the number and in the seriousness of acts committed by minors against
persons and property within the Township of Lower Southampton, and
this has created a menace to the preservation of public peace, safety,
health and welfare.
B.
The increase in juvenile delinquency has been caused in part by minors
who are permitted to remain in public places and in certain establishments
during the late night hours without adult supervision.
C.
The problem of juvenile delinquency can be reduced by regulating
the hours during which minors may remain in public places and in certain
establishments without adult supervision and by imposing certain duties
and responsibilities upon the parent or other adult persons who have
care and custody of minors.
[Ord. 413, 10/28/1992, § 1]
Unless otherwise expressly stated, the following words and phrases
shall have, for the purpose of this subpart, the meanings set forth
herein:
Any adult person, 21 years of age or older, responsible for
the care and custody of a minor.
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
Any person other than a parent who has legal guardianship
of a minor.
Any person under the age of 18 years.
The natural or adoptive parent of a minor.
Any public street, highway, road, park, playground, public
building; vacant lot or parking area open to the general public.
The Township of Lower Southampton.
[Ord. 413, 10/28/1992, § 1]
1.
It shall be unlawful for any minor to remain idle or play in or upon
any public place or at any establishment or to wander or stroll upon
public streets or rights-of-way between the hours of 11:00 p.m. and
6:00 a.m. of the following day, except that on Fridays and Saturdays
the hours shall be 12:00 midnight to 6:00 a.m. of the following day.
2.
The provisions of this section shall not apply to the following minors:
[Ord. 413, 10/28/1992, § 1]
No parent, guardian or custodian shall knowingly permit any
minor to remain in or upon any public place or at any establishment
between the hours of 11:00 p.m. and 6:00 a.m. of the following day,
official time, except that on Fridays and Saturdays the hours shall
be from 12:00 midnight to 6:00 a.m. of the following day.
[Ord. 413, 10/28/1992, § 1; as amended by Ord.
532, 9/10/2008]
1.
Any police officer who finds a minor violating this subpart shall
obtain the information from such minor that is required in order to
issue a citation to the minor. The minor shall thereupon be instructed
to proceed to his home forthwith. A copy of the citation and written
notice shall be mailed, certified mail, return receipt requested,
to the parent, guardian or custodian of the minor by the Chief of
Police, advising of the violation.
2.
If the minor fails to heed the direction of a police officer to proceed
to his home forthwith, the minor shall be taken to the Police Department,
and the parent, guardian or custodian of such minor shall be notified
to come and take charge of the minor. If the parent, guardian or custodian
cannot be located or fails to come and take charge of the minor, the
juvenile authorities shall be contacted to determine the further disposition
of the minor.
3.
If a person suspected of violating this subpart refuses to satisfactorily
identify himself to a police officer, that person shall be taken to
the Police Department, where the police shall attempt to identify
the suspect. If it is determined the suspect is a minor, then the
parent, guardian or custodian of such minor shall be notified to come
and take charge of the minor. If the parent, guardian or custodian
cannot be located or fails to come and take charge of the minor, the
juvenile authorities shall be contacted to determine the further disposition
of the minor.
4.
The parents, guardian or custodian of any minor who violates this
subpart shall be subject to:
A.
First offense. A written notice shall be sent, certified mail, return
receipt requested, to the parent, guardian or custodian of the minor,
advising of the violation of this subpart and advising of the possible
penalties if the violation occurs again.
B.
Second and subsequent offense. Any parent, guardian or custodian
of a said minor who violates any provision of this subpart within
one year after having received notice of a prior violation, upon conviction
thereof in an action brought before a Magisterial District Judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not less than $100 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this subpart continues
or each section of this subpart which shall be found to have been
violated shall constitute a separate offense.
[Ord. 468, 2/14/2001, § 1]
As used in this subpart, the following terms shall have the
meanings indicated:
As defined by the Public School Code of 1949, 24 P.S. § 1-101 et seq., the period of a child's life from the time the child's parents elect to have the child enter school until the age of 17 years. The term shall not include any child who holds a certificate of graduation from a regularly accredited senior high school.
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
Any person other than a parent who has legal guardianship
of a student or is a person in a parental relation, having control
or charge of any student.
A program conducted in compliance with the Public School Code of 1949, 24 P.S. § 1-101 et seq., by the parent or guardian or such person having legal custody of the child or children.
The natural or adoptive parents of a student.
Any public street, highway, road, park, playground, public
building, vacant lot or parking area open to the general public, including
the interior of any motor vehicle being operated upon or parked upon
or standing in or upon any such areas.
The Public School Code of 1949, 24 P.S. § 1-101 et seq., as amended.
The time period of any day that students are required to
attend school.
The period of time elapsing between the opening of schools
in the fall of one year and the closing of schools in the spring of
the following year.
Any person of compulsory school age.
Lower Southampton Township, Bucks County, Pennsylvania.
Any absence from school by a student which is not excused
or permitted by school authorities.
A program conducted in compliance with the Public School Code of 1949, 24 P.S. § 1-101 et seq., the purpose of which is to fit an individual to pursue effectively a recognized profitable employment.
[Ord. 468, 2/14/2001, § II]
1.
It shall be unlawful for any student required by the Public School Code of 1949, 24 P.S. § 1-101 et seq., to attend school to remain in or play in or upon any public place or at any establishment or to wander or stroll upon public streets or rights-of-way when such student is required by the Public School Code of 1949, 24 P.S. § 1-101 et seq., to attend school during the school day.
2.
The provisions of this subpart shall not apply to any student who:
A.
Has attained the age of 16 years and who is regularly engaged in
any useful and lawful employment or service during the time the schools
are in session and who holds an employment certificate issued according
to law.
B.
Has been examined by an approved mental health treatment facility
or by a person certified as a school psychologist or psychological
examiner, and has been found to be unable to profit from further public
school attendance, and who has been reported to the Board of School
Directors and excused in accordance with the regulations prescribed
by the State Board of Education.
C.
Has attained the age of 15 years and is engaged in farm work or domestic
service in a private home on a permit issued by the School Board or
the designated school official of the school district of the student's
residence in accordance with regulations which the Superintendent
of Public Instruction is hereby authorized to prescribe.
D.
Has attained the age of 14 years and is engaged in farm work or domestic
service in a private home on a permit issued as provided in paragraph
C of this subsection, and who has satisfactorily completed either
in public or private schools the equivalent of the highest grade of
the elementary school organization prevailing in the public schools
of the district in which he resides, if the issuance of such a permit
has first been recommended by the district superintendent of schools
having supervision of the schools of the district where such child
resides or by the principal of the private school where such child
is enrolled, and the reason therefor has been approved by the Superintendent
of Public Instruction.
E.
Is engaged in a home education program.
F.
Is engaged in a vocational education program and is out of school
pursuant to the guidelines of such program.
[Ord. 468, 2/14/2001, § III; as amended by Ord.
532, 9/10/2008]
1.
Any person, firm or corporation who shall violate any provision of
this subpart, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not less than $100 nor more than
$1,000 plus costs and, in default of payment of said fine and costs,
to a term of imprisonment not to exceed 90 days. Each day that a violation
of this subpart continues or each section of this subpart which shall
be found to have been violated shall constitute a separate offense.
2.
The student must appear at a hearing established by the Magisterial
District Judge.
3.
In lieu of or in addition to any other sentence imposed under this
subpart, the Magisterial District Judge may order the student to perform
community service for a period not to exceed six months.
4.
A first-time offender who maintains perfect attendance for a period
of 30 days following his/her offense may be permitted to have the
citation issued under this subpart dismissed.
[Ord. 468, 2/14/2001, § IV]
1.
Any police officer who finds a student violating this subpart may
obtain the information from such student that is required in order
to issue a citation to the student. A copy of the citation and/or
written notice shall be provided to the parent or guardian of the
student by the Chief of Police or his designee, advising of the violation.
The student should then be transported to school.
2.
Any police officer who is notified by a parent, guardian or person
in parental relation of a student who willfully refuses to attend
school shall obtain permission from the parent, guardian or person
in parental relation to enter the residence of the parent, guardian
or person in parental relation and issue a citation for the violation
of the subpart to the student and return the student to the public
school in which the student is or should be enrolled.
3.
If a person suspected of violating this subpart refuses to satisfactorily
identify himself to a police officer, that person may be temporarily
detained to permit the police officer reasonable opportunity to determine
his/her identify. If it is determined that the suspect is a student
subject to compulsory school attendance, then the parent or guardian
of such student shall be notified and, unless requested by such parent,
guardian or person in parental relation to place said student in a
school other than the public school, the student may be placed in
the public school in which the student is or should be enrolled.
[Ord. 468, 2/14/2001, § V]
Whenever the requirements of this subpart are in conflict with
other requirements of the ordinances of the Township of Lower Southampton,
the most restrictive, or those imposing the higher standards, shall
govern.
