Township of Independence, PA Curfew

Eastern standard time or Eastern daylight saving time, whichever is then being used by the Commonwealth of Pennsylvania in its governmental operations.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing, or conducting any establishment; and whenever used in any clause prescribing a penalty, the term "operator" as applied to associations or partnerships shall include the members or partners thereof and as applied to corporations, shall include the officers thereof.

PARENT

Any natural parent of a minor, a guardian, or any adult person, 18 years of age or over, responsible for the care and custody of a minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building, or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

§ 166-2 Unlawful conduct of minors.

It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:30 a.m. of the following day, Official Township Time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.

The provisions of this section shall not apply to any minor accompanied by a parent, or to a minor upon an errand or other legitimate business directed by such minor's parent, or to any minor who is engaged in gainful lawful employment during the curfew hours.

Each violation of the provisions of this section shall constitute a separate offense.

§ 166-3 Unlawful conduct of parents.

It shall be unlawful for any parent knowingly to permit any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:30 a.m. of the following day, Official Township Time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.

The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business or to any parent of a minor engaged in gainful lawful employment during the curfew hours.

Each violation of the provisions of this section shall constitute a separate offense.

§ 166-4 Unlawful conduct of owners or operators of establishments.

It shall be unlawful for any operator of any establishment or their agents or employees knowingly to permit any minor to remain upon the premises of said establishment between the hours of 11:00 p.m. and 6:30 a.m. of the following day, Official Township Time, except that on Fridays and Saturdays, the hours shall be from 12:00 midnight to 6:00 a.m.

Each violation of the provisions of this section shall constitute a separate offense.

§ 166-5 Enforcement; violations and penalties.

Any police officer who finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name and address, age, and the name and address of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith and if possible, shall be accompanied by the police officer. The police officer shall ascertain, if possible, if the parent or parents are at home and if so, notify them verbally of the violation of both the parent and the child. If the parent or parents are not found at home, the police officer shall make such report to his superior officer. In all cases, whether or not verbal notice has been given, a written notice shall also be mailed to the parent or parents of the minor advising them of the violation of this chapter.

Any parent who shall permit a minor to violation the provisions of this chapter after having received notice or a prior violation shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.

[Amended 7-7-1992 by Ord. No. 92-3; ]9-15-2010 by Ord. No. 10-01

Any operator of any establishment and any agents or employees of any operator who shall violate the provisions of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 nor more than $1,000, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a term not to exceed 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. All fines and penalties collected for the violation of this chapter shall be paid to the Township Treasurer.

[Amended 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01]

This chapter shall be enforced by the Independence Township Supervisors, Code Enforcement Officer, or any police officer, including, but not limited to, the Pennsylvania State Police.

[Added 7-7-1992 by Ord. No. 92-3; 9-15-2010 by Ord. No. 10-01; 5-16-2012; 5-21-2014]

§ 166-6 Special events.

The Township reserves the right to waive or alter the provisions of this chapter when there are special civic events, programs or functions by properly organized and supervised organizations to advance legitimate recreation, character development, religious training school activities or civic betterment.