[HISTORY: Adopted by the Board of Supervisors of the Township of East Bradford 9-13-1983 by Ord. No. 58-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 80.
This chapter shall be known and may be cited as the "East Bradford Township Curfew Ordinance."
A. 
For the purposes of this chapter, the following terms, phrases, words and forms thereof shall have the meanings or interpretations given herein:
BOARD
The Board of Supervisors of the township.
MINOR
Any individual under the age of 18 years.
PARENT
Any person having legal custody, whether permanent or temporary, of a minor as:
(1) 
A natural or adoptive parent;
(2) 
A legal guardian of the person of the minor;
(3) 
A person standing in loco parentis; or
(4) 
A person to whom legal custody has been given by order of the court.
PERSON
Any natural person, corporation, partnership, joint venture, sole proprietorship, firm, association and any other entity of whatever type.
[Added 10-8-1996 by Ord. No. 3-1996; amended 7-8-1997 by Ord. No. 2-1997]
PUBLIC PLACE
Any street, highway, alley, park, sidewalk, shopping area, gas station or other place in the township open to use by the public.
TOWNSHIP
The Township of East Bradford, Chester County, Pennsylvania.
B. 
When not inconsistent with the context, words used in the present tense include the future; words used in the plural number include the singular; words used in the singular include the plural; words used in the male gender include the female; and words used in the female gender include the male. The word "shall" is to be construed to indicate mandatory, not merely directory, action or inaction.
C. 
Times of day or night referred to herein shall be 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.
Except as otherwise provided by § 49-4 of this chapter, it shall be unlawful:
A. 
For a minor to be or to remain in or upon a public place at any time between the hours of 11:00 p.m. and 6:00 a.m., except that on Friday and Saturday nights and on all nights between June 15 and September 15 of every year, the hours shall be from 12:00 midnight to 6:00 a.m.
B. 
For a parent to permit a minor to be or to remain in or upon a public place at any time between the curfew hours as specified in Subsection A herein.
A. 
In the following cases, it shall not be a violation of the provisions of § 49-3 of this chapter for a minor to be or to remain, or to be permitted to be or to remain, in or upon a public place at any time between the curfew hours as specified herein:
(1) 
When the minor is accompanied by his parents.
(2) 
When the minor is engaged in employment or is in transit to or from his place of employment.
(3) 
When the minor is 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, which he attended or in which he participated.
(4) 
When the minor is seeking or providing aid in an emergency situation concerning imminent danger to life or property or both.
B. 
The burden of proving the applicability of one or more of the exceptions set forth in Subsection A above shall be upon the minor, parent or other person asserting the applicability of such exception.
[Amended 10-8-1996 by Ord. No. 3-1996; 7-8-1997 by Ord. No. 2-1997[1]]
Any person violating or permitting the violation of the provisions of § 49-3 of this chapter shall, upon being found liable therefor in a criminal enforcement proceeding, pay a fine of not more than $1,000 nor less than $25, together with court costs and reasonable attorneys fees, and may be incarcerated for a period not exceeding 90 days. Such fine, costs, attorney fees and incarceration, after being reduced to a final, unappealed judgment, shall be enforced by the township pursuant to the applicable rules of criminal procedure. Each day of violation shall constitute a separate violation.
[1]
Editor's Note: This ordinance further provided that "the term 'reasonable attorneys fees' shall mean all those attorneys fees incurred by the township in bringing an action to enforce the Code and collect fines and penalties in connection therewith and shall be at that hourly rate annually approved by the Board for the Township Solicitor."