[Ord. 345, 3/11/2003, § 6-1]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Township of North Fayette.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets, for emergencies or ordinary purposes such as
mere passage of going home.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine
and the neuter.
[Ord. 345, 3/11/2003, § 6-2]
This is a curfew ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night, for the protection of younger children in the Township from
each other and from other persons on the streets during nighttime
hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief by minors and for the reduction of the incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
[Ord. 345, 3/11/2003, § 6-3]
1.
It shall be unlawful for any minor to be or remain in or upon any
public highway, park or other public place within the Township of
North Fayette, or in any enclosure or vehicle which is on or in close
proximity to any such public place within the Township of North Fayette,
during the following hours: on Sunday evenings through Thursday evenings,
between the hours of 10:00 p.m. and 6:00 a.m. on the following day;
and on Friday evenings through Saturday evenings, between the hours
of 11:00 p.m. and 6:00 a.m. on the following day. Exceptions to the
above are the following:
A.
Minor accompanied by parent, guardian or other person having legal
care or custody of such minor.
B.
Minor possessing a written statement dated that day and signed by
parent, guardian, or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Part.
C.
Minor lawfully employed making it necessary to be in or in highways,
streets, parks, etc., as stated above and possessing a current letter
certifying the same and signed by employer, parent or guardian.
D.
Minor on an emergency errand.
[Ord. 345, 3/11/2003, § 6-4]
It is hereby made unlawful for any parent, guardian or the person
having the legal care or custody of a minor to allow or permit such
minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 345, 3/11/2003, § 6-5; as amended by Ord.
418, 1/29/2014]
Any minor found upon the streets, alleys, parks or public places within the Township of North Fayette in violation of § 6-103 shall be taken into custody by the Township of North Fayette police or legally deputized individual, and be delivered to his parent(s), guardian, or person having the legal custody of said minor, at which time both the minor and parent(s), guardian, or person having the legal custody of said minor shall be given and acknowledge in writing their receipt of a copy of this Part. A report of the foregoing, along with the written acknowledgment of receipt of the Part, shall be filed and kept in a book for that specific purpose. Upon the second violation by the said minor of § 6-103 hereof, said minor shall be issued a citation and shall be remanded to the magisterial district judge for disposition. Additionally, said parent(s), guardian or person having the legal custody of said minor shall, having allowed him again to be on the streets, alleys, parks or public places in violation of § 6-103, upon such second violation by the said minor of § 6-103 hereof and having received a copy of this Part at the time of the first violation, be issued a citation for violation of § 6-104 of this Part and shall be remanded to the magisterial district judge for disposition.
[Ord. 345, 3/11/2003, § 6-6; as amended by Ord.
418, 1/29/2014]
Any person who shall violate any provision of this Part, 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 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 Part continues or each
section of this Part which shall be found to have been violated shall
constitute a separate offense.
[Ord. 345, 3/11/2003, § 6-7]
Any minor who shall violate this Part more than three times may, at the discretion of the proper Township of North Fayette officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason for the provisions of § 6-102 of this Part cannot be made effective by the imposition of fines and penalties.
[Ord. 345, 3/11/2003, § 6-8]
The police officers of the Township of North Fayette in taking
minors into custody shall use their discretion in determining age
and in doubtful cases may require positive proof of age. Until such
proof is furnished, the officer's judgment shall prevail.
