[HISTORY: Adopted by the Board of Supervisors of the Township
of Lower Paxton 1-2-2018 by Ord.
No. 17-16. Amendments noted where applicable.]
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein:
Any person 21 years of age or older.
Any person under the age of 18 or, in equivalent phrasing
often herein employed, any person 17 or fewer years of age.
Any person having legal custody of a minor:
Any park or other property owned by the Township or the Central
Dauphin School District.
A way or place, of whatever nature, open to the use of the
public for purposes of vehicular travel or, in the case of a sidewalk
thereof, for pedestrian travel. The term "street" includes a legal
right-of-way, including but not limited to the cartway of traffic
lanes, the curb, the sidewalks, whether paved or unpaved, and any
grass plots or other grounds found within the legal right-of-way of
a street. The term "street" also applies, for curfew purposes, to
ways the public is privileged to use over private property so long
as the owner permits, including sidewalks and grass plots similarly
open at the time to public use, and to parking areas of any type (residential,
municipal or commercial) open to public use or from such street or
any type of street. The term "street" applies irrespective of what
it is called or formally named, whether alley, avenue, court, road
or otherwise, or whether it is maintained by the Township and irrespective
of whether it is open to the use of the public as a matter of right.
Based upon the prevailing standard of time, whether Eastern
Standard Time or Eastern Daylight-Saving Time, generally observed
at that hour by the public in the Township.
The Township of Lower Paxton, Dauphin County, Pennsylvania.
Continues from one birthday, such as the 17th, to (but not
including the day of) the next, such as the 18th birthday, making
it clear that 17 or fewer years of age is herein treated as equivalent
to the phrase "under 18 year of age" and so forth.
A.Â
It shall be unlawful for any minor 17 or fewer years of age (under
18) to be or remain in or upon the streets or public properties within
the Township at night during the period beginning at 12:00 midnight
and ending at 5:00 a.m.
B.Â
It shall be unlawful for any minor 15 or fewer years of age (under
16) to be or remain in or upon the streets or public properties within
the Township at night during the period beginning at 10:00 p.m. and
ending at 5:00 a.m.
In the following cases, a minor, as described above, on a street
or public property within the Township during the hours for which
this chapter is intended shall not be considered in violation of this
chapter:
A.Â
When accompanied by a parent of such minor.
B.Â
When accompanied by an adult acting in loco parentis and specifically
authorized by a parent of such minor to take said parent's place
in accompanying said minor for a designated period of time and purpose
within a specified area.
C.Â
When exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right of assembly and when such activities have been scheduled
with the Township.
D.Â
In case of emergency or unavoidable necessity, but only after such
minor's parent has communicated to the Township police personnel
the facts establishing such reasonable necessity, relating to specified
streets at a designated time for a described purpose, including points
of origin and destination.
E.Â
When the minor is on the sidewalk directly connected to the place
where such minor resides.
F.Â
When returning home, by a direct route from (and within 30 minutes
of) the termination of a school activity or an activity of a religious
or other voluntary association.
G.Â
When the minor is involved in bona fide employment, as documented
by duly certified working papers or work permit or is travelling directly
to or from such employment.
H.Â
When the minor is responding to, returning from or actively engaged
in volunteer firefighting operations and is specifically authorized
to engage in such activities by the respective volunteer fire company
Chief or designee.
I.Â
When the minor is, with parental consent, in a motor vehicle operated
by an adult or older sibling, for the purpose of normal travel.
It shall be unlawful for a parent having legal custody of a
minor knowingly to permit or by inefficient control to allow such
minor to be or remain upon any street or public property within the
Township under circumstances not constituting an exception to or otherwise
beyond the scope of this chapter. The term "knowingly" includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a minor in that parent's legal custody. It shall,
a fortiori, be no defense that a parent was completely indifferent
to the activities or conduct or whereabouts of such minor.
A.Â
Police officers shall obtain the name, address, date of birth and
telephone number of all minors in prima facie violation of this chapter,
as well as the name, address and telephone number of the minor's
parent, guardian or other adult person having legal care or custody
of said minor.
B.Â
In the absence of clear evidence, such as a driver's license,
a police officer shall make a reasonably objective decision based
on the totality of the circumstances in determining the age of the
minor for enforcement purposes.
C.Â
If a violation has occurred, the police officer should arrange for
a parent to immediately come to the location of the violation; or
transport the minor to the home or other mutually convenient location
of the parent and transfer custody of the minor to the parent or adult
concerned for the welfare of the minor, such as an adult sibling.
D.Â
If no other reasonable alternative is available, the police officer
may take the minor to the police station, where a parent shall immediately
be notified to come and take custody of such minor.
E.Â
When a parent or other adult specifically approved by the parent
is available, the minor shall be released to the custody of such parent
or other adult.
F.Â
It shall be a separate violation for any parent or minor to knowingly
provide false information to any police officer investigating a violation
of this chapter.
A.Â
For the first offense under this chapter, the parent having custody
shall be warned in writing delivered in person or by regular or electronic
mail of the violation and the option of prosecution for subsequent
offenses.
B.Â
For any subsequent violation, any parent of a minor and/or the minor
involved may be cited for violating any of the provisions of this
article and, shall, upon conviction before a Magisterial District
Judge, be fined not less than $25 nor more than $300 and the costs
of prosecution.
C.Â
Any minor who shall violate any of the provisions of this chapter
may be reported by the Public Safety Director or his designee to a
society or organization whose purpose it is to take charge of incorrigibles
and delinquents, and proceedings may then proceed under the Juvenile
Act.
In the event that any provision, section, sentence, clause,
or part of this chapter is held to be invalid, such invalidity shall
not affect or impair any remaining provision, section, sentence, clause
or part of the chapter, it being the intent of the Lower Paxton Township
that such remainder shall be and shall remain in full force and effect
and for this purpose the provisions of this chapter are hereby declared
to be severable.