[HISTORY: Adopted by the Board of Supervisors
of the Township of Bern 2-7-2011 by Ord. No. 267-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 114.
[1]
Editor's Note: This ordinance also repealed former Ch. 71,
Curfew, consisting of Art. I, Seasonal Curfew, adopted 10-20-1987
by Ord. No. 96, as amended, and Art. II, General Curfew, adopted 8-1-1995
by Ord. No. 143, as amended.
This chapter shall be known and may be cited as the "Bern Township
Curfew Ordinance of 2010."
Whereas, the Board of Supervisors of Bern Township has determined
that juvenile delinquency poses a serious hazard to the public peace,
safety, health, welfare and quality of life of the citizens of Bern
Township, it is hereby declared the policy of Bern Township to set
forth this chapter which shall apply to the control and regulation
of children in public places and establishments open for the use of
the public, within the boundaries of Bern Township.
The following words, terms, phrases, and their derivations shall
have the meanings given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the plural
number include the singular and words in the singular number include
the plural. The word "shall" is always mandatory and not merely directory.
A natural person being under the age of 18 years of age on
the date of the occurrence. The term "juvenile" may be used interchangeably
with "child" in this chapter and also refers to a person under 18
years of age.
Any person over the age of 18 years old, having a duty to
provide for the care, protection, maintenance or support of a child,
or any person acting in loco parentis of a child.
Any privately owned place of business, to which the general
public has access by a right, perceived right or custom or invitation,
carried on for profit, or any other place devoted to business, commerce,
amusement or entertainment of or for the general public.
A person, other than the parent, having a duty to provide
care, protection, maintenance or support of a child.
The Township of Bern.
Any individual, firm, association, partnership or corporation
operating, managing or conducting business in any establishment; and
whenever used in any clause prescribing a penalty, the term "operator,"
as applies to associations or partnerships or corporations, shall
include the members or partners or officers thereof.
A natural parent or adoptive parent or court-appointed/approved
foster parent, or state/county agency authorized or other persons
having a duty to provide for the care, protection, maintenance or
support of a child.
A duly appointed and sworn member of the Bern Township Police
Department, having been vested with the powers of a police officer
as permitted by law.
Eastern standard time (EST) or eastern daylight saving time
(EDT), whichever is in use by custom, rule, regulation or law, as
expressed in either a.m. / p.m. terms or the twenty-four-hour clock
(military time).
Any street, alley, highway, park, sidewalk, playground or
place to which the general public has access and a right to resort
for business entertainment or other lawful purpose. A "public place"
shall include, but not be limited to, any store, shop, restaurant,
tavern, bowling alley, cafe, theater, drug store, poolroom, shopping
center parking lot, federal, state, county or Township park (or contiguous
grounds), golf course, school property, and any other place devoted
to amusement or entertainment of the general public. It shall also
include the front, back or immediate surrounding area of these defined
public places.
To occupy, loiter, idle, wander, stroll, play or hang out
in or upon.
A.
It shall be unlawful for any child under the age of 16 to remain in any public place or establishment (as defined in § 71-3) after 11:00 p.m. (2200 hours), prevailing time, and before 5:00 a.m. (0500 hours) the following day, prevailing time.
B.
It shall be unlawful for any child 16 or 17 years of age to remain in any public place or establishment (as defined in § 71-3) after 12:00 midnight (2400 hours), prevailing time, and before 5:00 am. (0500 hours) the following day, prevailing time.
A.
Any child found in apparent violation of this chapter, meeting any one of the following listed exceptions, shall be exempt from the provisions of § 71-4 (where applicable) and § 71-9 of this chapter.
(1)
Whenever the child is accompanied by a parent, guardian or custodian.
(2)
Whenever the child is engaged in traveling to and from his/her place
of employment.
(3)
Whenever the child is engaged in attending or participating in a
school- or religious-group-supervised activity.
(4)
Whenever the child is an emancipated minor or married.
(5)
Whenever the minor is involved in interstate travel.
B.
The following special conditions, where applicable, must be met by the child and parent, guardian or custodian, or employer or other person(s) as authorized in any federal, state and local statute or ordinance in order to qualify to the exceptions listed in § 71-5A.
(1)
When a child is found in apparent violation of any of the provisions
of this chapter, while carrying actual written authorization from
an employer or other person(s) as authorized by any federal, state,
and local statute or ordinance indicating that said child is necessary
to the function of that said business during the time frame regulated
by this chapter.
(2)
When the child is in accordance with any provision as authorized
by any federal, state, and local statute or ordinance.
(3)
When advance notice is given to the Bern Township Police Department
in writing, by any agency of any governmental body, indicating the
names and addresses of any children residing within the jurisdiction
of the Bern Township Police Department who may be found in violation
of any provision of this chapter during the activity time specified
in that advance notice.
A.
It shall be unlawful for any parent, guardian or custodian to allow or permit any child under 16 years of age to remain in any public place or establishment (as defined in § 71-3) after 11:00 p.m. (2300 hours), prevailing time, and before 5:00 a.m. (0500 hours) the following day, prevailing time.
B.
It shall be unlawful for any parent, guardian or custodian to allow or permit any child 16 or 17 years of age to remain in any public place or establishment (as defined in § 71-3) after 12:00 midnight (2400 hours), prevailing time, and before 5:00 a.m. (0500 hours) the following day, prevailing time.
D.
Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in § 71-9 of this chapter.
E.
It shall be the responsibility of the parent, guardian or custodian
to immediately take custody of his/her child upon notice of a violation
by the Bern Township Police Department.
A.
It shall be unlawful for any operator to allow or to permit any child under 16 years of age to remain in any public place or establishment (as defined in § 71-3) after 11:00 p.m. (2300 hours), prevailing time, and before 5:00 a.m. (0500 hours), prevailing time.
B.
It shall be unlawful for any operator to allow or to permit any child 16 or 17 years of age to remain in any public place or establishment (as defined in § 71-3) after 12:00 midnight (2400 hours), prevailing time and before 5:00 a.m. (0500 hours), prevailing time.
A.
A
police officer enforcing any provisions of this chapter may employ
any one or all of the following provisions of this section:
(1)
A police officer shall stop and identify any person(s) suspected
of violating any of the provisions of this chapter.
(2)
A Police Department representative may, either by oral communication
or by written communication, notify the parent, guardian or custodian
of said child found in violation of any provision of this chapter.
(3)
A police officer shall detain any child found in violation of any
provision of this chapter and, once identified, shall release said
child to the custody of said child's parent, guardian or custodian.
(4)
If a parent, guardian or custodian cannot be located, then the police
officer shall transfer custody of the child as specified in the current
applicable Pennsylvania state statutes and/or appropriate Bern Township
Police Department regulations relating to shelter care.
B.
A
record of any violation by any person of any provisions of this Chapter
shall be maintained by the Bern Township Police Department.
Not withstanding the provisions of § 71-8 of this chapter, the following penalties, as appropriate, shall be imposed for any violation of any provision of this chapter:
A.
A child offender's first violation shall result in a written
or documented oral warning.
B.
A child offender's second violation shall constitute a summary
offense, and a fine of $25 plus court costs shall be imposed.
C.
A child offender's third and any subsequent offense shall be
a summary offense, and the fine shall then be increased by $25 plus
court costs, until the maximum fine of $200 plus court costs is imposed,
after which the fine shall be $200 plus court costs.
D.
A parent, guardian or custodian's first offense shall result
in a written or documented oral warning.
E.
A parent, guardian or custodian's second violation shall be
a summary offense, and a fine of $50 plus court costs shall be imposed.
F.
A parent, guardian or custodian's third and any other subsequent
violation shall be a summary offense, and the fine shall then be increased
by $50 plus court costs, until the maximum fine of $200 plus court
costs is imposed, after which the fine shall be $200 plus court costs.
G.
An operator's first violation shall result in a written or documented
oral warning.
H.
An operator's second violation shall be a summary offense, and
a fine of $50 plus court costs shall be imposed.
I.
An operator's third violation and any subsequent violation shall
be a summary offense, and the fine shall then be increased by $50
plus court costs, until the maximum fine of $200 plus court costs
is imposed, after which the fine shall be $200 plus court costs.
A.
Any police officer enforcing any provisions of this chapter may require
positive proof of age by any person(s) in apparent violation of any
provisions of this chapter.
B.
Any police officer enforcing any provisions of this chapter, where
positive proof of age had not been furnished by any alleged violator,
the police officer shall use his/her discretion in determining age,
and, until positive proof has been furnished, the officer's judgment/discretion
shall prevail.
