Township of Lower Providence, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Supervisors of the Township of Lower Providence 6-15-1981 by Ord. No. 274. Amendments noted where applicable.]

§ 71-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHMENT
Any privately owned place or business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL TOWNSHIP TIME
Eastern standard time, except when daylight saving time is the prevailing time in this commonwealth.
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, 21 years of age or over, responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.

§ 71-2 Unlawful conduct of minors.

A. 
It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 10:00 p.m. and 6:30 a.m. of the following day, township time, except that on Friday and Saturday evenings the commencement hour shall be extended to 12:00 midnight.
B. 
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.
C. 
Each violation of the provisions of this section shall constitute a separate offense.

§ 71-3 Unlawful conduct of parents.

A. 
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 10:00 p.m. and 6:30 a.m. of the following day, official township time, except that on Friday and Saturday evenings the commencement hour shall be extended to 12:00 midnight.
[Amended 3-14-1983 by Ord. No. 295]
B. 
The provisions of this section shall not apply to any parent who accompanies a minor or to a parent of 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.
C. 
Each violation of the provisions of this section shall constitute a separate offense.

§ 71-4 Unlawful conduct of owners or operators of establishments.

A. 
It shall be unlawful for any operator of any establishment or his agents, servants and employees knowingly to permit any minor to remain upon the premises of said establishment between the hours of 10:00 p.m. and 6:30 a.m. of the following day, township time, except that on Friday and Saturday evenings the commencement hour shall be extended to 12:00 midnight.
[Amended 3-14-1983 by Ord. No. 295]
B. 
Each violation of the provisions of this section shall constitute a separate offense.

§ 71-5 Enforcement; violations and penalties.

A. 
Any police officer who finds a minor violating the provisions of this chapter shall obtain from the minor his name, address, age and the name 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 wherever practicable, whether the parent or parents are at home and, if so, to notify them orally of the violation of both parents and minor. If neither of the parents is found at home, the police officer shall include that fact in his official report. In all cases, whether or not oral notice has been given, a written notice shall also be mailed to the parents of the minor advising him or them of the violation of this chapter.
B. 
Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation shall be fined not more than $300 for each violation, plus costs of prosecution, and in default thereof shall undergo imprisonment not exceeding 10 days; provided, however, that each day's violation of any of the provisions involved shall constitute a separate offense. Prosecution shall be conducted before a District Justice in the Township of Lower Providence, and all fines imposed and collected shall be paid to the township for the use of the latter.
[Amended 3-14-1983 by Ord. No. 295]
C. 
Any operator of an establishment or any of his agents, servants or employees who shall violate the provisions of this chapter shall be fined not more than $300 for each violation, plus costs of prosecution, and, in default thereof, shall undergo imprisonment not exceeding 30 days; provided, however, that each day's violation of any of the provisions involved shall constitute a separate offense. Prosecution shall be conducted before a District Justice in the Township of Lower Providence, and all fines imposed and collected shall be paid to the township for the use of the latter.
[Amended 3-14-1983 by Ord. No. 295]