This chapter shall be known and may be referred to as the "Curfew
Ordinance."
[Amended 6-16-2003 by Ord. No. 596]
It shall be unlawful and a violation of this chapter for any
minor to be or remain in or upon the streets within the Township during
the period ending at 6:00 a.m. and beginning:
A. At 11:00 p.m. Sunday through Thursday; and
B. At 12:00 midnight on Friday and Saturday.
In the following exceptional cases, a minor on the Township street during the hours set forth in §
136-4 shall not be considered in violation of this chapter:
A. When accompanied by a parent of such minor.
B. When accompanied by an adult authorized by a parent of such minor
to take said parent's place in accompanying said minor.
C. When exercising rights protected by the United States Constitution
or its Amendments, such as the free exercise of religion, freedom
of speech and the right of assembly. The minor shall first deliver
to the Police Department at the Township Municipal Building at 20
Wayne Avenue a letter signed by such minor and countersigned by a
parent of such minor stating their home address, telephone number
and specifying where and in what manner the minor will be on the streets
during hours when this chapter is otherwise applicable.
D. In the case of reasonable necessity as determined by the Chief of
Police or his designee, but only after such minor's parent has
written to the Township Police Department stating their name, address,
telephone number and the facts establishing such reasonable necessity
and specifying streets and times for the described purpose, including
points of origin and destination.
E. When the minor is on the sidewalk of the place where such minor resides
or on the sidewalk of either next-door neighbor, if this neighbor
does not object to the minor's presence.
F. When proceeding by a direct route to or from home, work, a school
activity or an activity of religious or other voluntary association,
provided that it is within 1/2 hour of the start or end of the work
or activity.
G. When authorized by the Chief of Police or his designee when necessary
nighttime activities of a minor may be inadequately provided for by
other provisions of this chapter.
H. When the minor is in a motor vehicle engaged in normal travel and
with parent's consent, or if the minor is engaged in interstate
travel.
[Amended 6-16-2003 by Ord. No. 596]
It shall be unlawful and a violation of this chapter for a parent
of a minor knowingly to permit or, by inefficient control, to allow
such minor to be or remain upon any Township street in violation 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 custody.
[Amended 6-16-2003 by Ord. No. 596]
A. In the case of a first violation by a minor, the Chief of Police
shall send to a parent written notice of said violation with a warning
that any subsequent violation will result in full enforcement of this
chapter. The Chief of Police shall retain a copy of the letter, or
the identifying information pertaining to the minor, for reference
in the event of a subsequent violation.
B. In the case of a second or subsequent violation by a minor, the penalties for violation of this chapter shall be those set forth in Chapter
1, Article
II, of the Penn Township Code. The penalties shall be imposed upon the parent of the minor and/or upon any minor who is 14 years of age or older at the time of the violation.
C. As used in this §
136-8, the word "violation" shall mean any incident of unlawful conduct as defined in §
136-4 of this chapter and not excepted under §
136-5, and which resulted in the sending of the letter described in Subsection
A above.