[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 11-10-1964 by Ord. No. 901 (Ch. 55 of the 1972 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 252.
[Amended 10-14-1969 by Ord. No. 986; 5-12-1970 by Ord. No. 1002; 5-28-2009 by Ord. No. 1333]
It shall be unlawful for any minor under the age of 18 years
(such persons being defined for the purposes of this chapter as "juveniles")
to be or remain in or upon any of the streets, sidewalks, parks, public
buildings, places of amusement and entertainment or other public places
in the Borough of Sharon Hill from Labor Day until Memorial Day between
the hours of 9:30 p.m. and 6:00 a.m. (prevailing time), and from Memorial
Day until Labor Day between the hours of 10:00 p.m. and 6:00 a.m.,
throughout the year, seven days a week, unless such juvenile is accompanied
by his or her parent, guardian or other adult person having the care
and custody of the juvenile, or unless the juvenile is performing
an emergency errand of legitimate business directed by his or her
parent, guardian or other adult person having the care and custody
of the juvenile. As a warning, a siren, to be known as the "curfew
siren," shall be sounded 15 minutes before the curfew begins, after
which all juveniles shall be required to be at home or out of the
streets, sidewalks, parks, public buildings, places of amusement and
entertainment or other public places in the Borough of Sharon Hill,
except as herein provided.
[Amended 12-28-1972 by Ord. No. 1019; 11-12-1980 by Ord. No. 1093]
A.
As used in this chapter, the term "loitering" shall mean remaining
idle in essentially one location and shall include the concepts of
spending time idly, loafing or walking about aimlessly, and shall
include the colloquial expression "hanging around."
B.
It shall be unlawful for groups of two or more juveniles to loiter
or congregate on streets, sidewalks, parks, public buildings, places
of amusement and entertainment or other public places in the Borough
of Sharon Hill at any time for the purpose of causing, or if in fact
they are causing, an obstruction of the free passage of pedestrians
or vehicles; any loud, boisterous or unseemly noise or disturbance
which would annoy or create discomfort to a person of ordinary sensibilities;
or in any manner interfering with, obstructing or molesting any person
lawfully in such public place. Such unlawful activity shall include
fighting, use of profane or indecent language, offensive or insulting
remarks, the making of unnecessary noise and any word, act or conduct
which tends toward the destruction of good morals and any word, act
or conduct which tends to interfere with any other person or persons
in pursuit of peace, happiness and contentment.
It shall be unlawful for any parent, guardian or other person having the legal care or custody of any child, ward or other person under the age of 18 years to allow or permit any such child, ward or other person under the age of 18 years, while in said legal custody, to violate the provisions of § 148-1 of this chapter.
[Amended 5-12-1970 by Ord. No. 1002; 12-28-1972 by Ord. No. 1019; 7-14-1988 by Ord. No. 1180]
Any police officer of the Borough who finds a juvenile violating the provisions of § 148-1 of this chapter shall obtain information from such juvenile as to his or her name, address and age and the name of his or her parent, guardian or other adult person having the legal custody of such juvenile. The juvenile shall thereupon be instructed to proceed to his home forthwith. The information obtained from the juvenile shall be forwarded to the Sharon Hill Police Department, which shall cause a written notice to be mailed to the parent, guardian or other adult person having legal custody of the juvenile, advising of the violation of § 148-1 of this chapter. Any parent, guardian or other adult person having the legal custody of such juvenile who shall violate any provision of § 148-1 of this chapter after having received notice of a prior violation shall, upon conviction thereof before any Magisterial District Judge, be fined a maximum fine as provided from time to time by state statute. Each violation of the provisions of this chapter shall constitute a separate offense. Any person who aids or abets the violation of the provisions of this chapter by a juvenile and/or his parents, guardian or other adult person having legal custody of such juvenile shall likewise be guilty of a violation of this chapter and shall, upon conviction thereof before any Magisterial District Judge, be liable for the payment of the fine and costs as herein provided.
[Amended 5-12-1970 by Ord. No. 1002; 12-28-1972 by Ord. No. 1019; 7-14-1988 by Ord. No. 1180]
It shall be unlawful for the parents, guardians or other persons having legal custody of a juvenile under 18 years of age to permit or allow such juvenile to violate § 148-2 of this chapter. If such parents, guardians or other adult persons having legal custody permit such juvenile to violate § 148-2, then, upon conviction thereof before any Magisterial District Judge, such parent, guardian or other person shall be subject to a maximum penalty as provided from time to time by state statute. Each violation of the provisions of this chapter shall constitute a separate offense. Any person who aids or abets the violation of the provisions of the chapter by a juvenile and/or his parents, guardian or other adult having legal custody of the said juvenile shall likewise be guilty of a violation of this chapter and, upon conviction thereof before any Magisterial District Judge, shall be liable for the payment of the fine and costs as herein provided.
The police officers of the Borough, in taking juveniles into
custody under this chapter, shall use their discretion in determining
age and in doubtful cases may require positive proof. Until such proof
is furnished, the officer's judgment shall prevail.
[Added 2-23-2006 by Ord. No. 1308]
A.
No minor over the age of five years and under the age of 18 years
shall remain in or upon any public place or establishment outside
any school grounds between the hours of 8:30 a.m. and 3:00 p.m. every
Monday through Friday while school is in session during the school
year.
B.
Exceptions. In the following cases, a minor shall not be considered
in violation of this section:
(1)
During an excused absence.
(2)
During an approved early dismissal from school.
(3)
When the student is enrolled in an approved work experience program.
(4)
When the student is officially removed from the school register.
(5)
Parochial and private school students who have different school hours
or different holiday and vacation schedules during time while those
schools are not in session.
[Added 5-28-2009 by Ord. No. 1333]
A.
The Chief of Police of the Borough of Sharon Hill and/or the Sharon
Hill Borough Manager shall each have the authority and discretion,
after consultation with the other, to exempt juveniles who would otherwise
be found in violation of the provisions of this chapter from the penalties
set forth herein; provided, however, that such exemptions shall only
be granted for reason of a Sharon Hill community activity or event,
unless otherwise specifically allowed by Borough Council. Examples
of such community activities or events include school-sanctioned sporting
events, dances and other school-sanctioned activities, public fireworks
displays, and community gatherings.
B.
The decision or determination as to whether a special exemption will
be granted shall be made by the Chief of Police and/or the Sharon
Hill Borough Manager no later than 24 hours prior to the time the
specially exempted curfew time is normally scheduled to begin. Notice
of such a special exemption, along with any information concerning
the same, shall be posted on the website of the Borough of Sharon
Hill no later than 24 hours prior to the time the specially exempted
curfew time is normally scheduled to begin.
C.
Any special exemptions granted pursuant to this section shall expire
at 6:00 a.m. the following morning or at whatever time may be specifically
provided for by the Chief of Police and/or the Sharon Hill Borough
Manager when such special exemptions are granted, whichever time is
earlier.
D.
Any special exemptions granted pursuant to this section shall be
applicable to all juveniles who are present in or upon any of the
streets, sidewalks, parks, public buildings, places of amusement and
entertainment or other public places in the Borough of Sharon Hill
for the time period when such special exemptions are in effect.
