[HISTORY: Adopted by the Board of Supervisors of the Township of
Montgomery 11-27-1995 by Ord. No. 95-55.
Amendments noted where applicable.]
A.
Juvenile delinquency poses a serious hazard to the public
peace, safety, health, welfare and quality of life and the people have a right
to the safety and security of their persons and property and should be ensured
that right.
B.
Now, therefore, it is the policy of Montgomery Township
that juvenile delinquency shall be prevented such that the public's right
to personal safety and security of their property shall not be jeopardized.
C.
This chapter 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 Montgomery Township.
For the purpose of this chapter the following terms, phrases, words,
and their derivations shall have the meanings given herein. When not inconsistent
with the context, words used in the present tense including 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.
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 Montgomery 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, 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 § 83-2) after 10:30 p.m. (2230 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 § 83-2) after 12:00 midnight (2400 hours), prevailing time, and before 5:00 a.m. (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 § 83-3 (where applicable) and § 83-8 of this chapter.
(1)
Whenever the child is accompanied by a parent, guardian
or custodian.
(2)
Whenever an emergency activity is authorized by the parent, guardian or custodian of said child, as long as the special conditions listed in § 83-4B are met.
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 § 83-4A.
(1)
When a child is found in apparent violation of any of the provisions of this chapter, while carrying a written permission of the parent, guardian or custodian, stating the date, time, and reason to exempt said child from the provisions of § 83-8 of this chapter.
(2)
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.
(3)
When a child is found in apparent violation of this chapter
during any officially declared national, state or local state of emergency
when said child is supporting relief efforts of the state of emergency.
(4)
When the child is in accordance with any provision as
authorized by any federal, state, and local statute or ordinance.
(5)
When advance notice is given to the Montgomery 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 Montgomery 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 § 83-2) after 10:30 p.m. (2230 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 § 83-2) 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 § 83-8 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 Montgomery Township police.
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 § 83-2) after 10:30 p.m. (2230 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 § 83-2) after 12:00 midnight (2400 hrs.), 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 Montgomery
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 Montgomery Township Police Department.
Not withstanding the provisions of § 83-7 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 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 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 offense shall result in a written
warning.
H.
An operator's second offense 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.
Severability is intended throughout and within the provisions of this
chapter. If any provision, including any exception, part, phrase or term,
or the application thereof to any person or circumstances is held invalid,
the application to other persons or circumstances shall not be affected thereby
and, the validity of this chapter in any and all other respects shall not
be affected thereby.
