[HISTORY: Adopted by the Board of Commissioners of the Township of
Hatfield 5-10-1995 by Ord. No. 420G (Ch.
6, Part 4, of the 1994 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 199.
A.
Whereas, juvenile delinquency poses a serious hazard
to the public peace, safety, health, welfare and quality of life and whereas,
the people have a right to the safety and security of their persons and property
and should be ensured to that right.
B.
Now, therefore, it is the policy of Hatfield 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 Hatfield Township.
The following words, when used in this chapter, shall have the meanings
clearly ascribed herein, except where the context clearly indicates otherwise:
A natural person being under the age of 18.
Any person over the age of 18 years, having a duty to provide for
the care, protection 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.
Any person, other than a parent, having a duty to provide for the
care, protection or support of a child.
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 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 foster parent or other person having
a duty to provide for the care, protection or support of a child.
A duly appointed and sworn member of the Hatfield Township Police
Department, having been vested with powers of a police officer as permitted
by law.
Eastern standard time or Eastern daylight saving time, whichever
is in use by custom, rule, regulation or law, as expressed in either a.m./p.m.
terms or the twenty-four-hour block (military time).
To include but not be limited to any street, highway, road, alley,
sidewalk, public building, park, playground (or contiguous grounds), vacant
lot, open space or place to which the general public has access because of
a right, perceived right or custom or invitation.
To occupy, to loiter, to idle, to wander, to stroll or play in or
upon.
A.
It shall be unlawful for any child under 16 years of
age to remain in any public place or establishment 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 child under 18 years of
age and over 16 years of age to remain in any public place or establishment
after 12:00 midnight (2400 hours) prevailing time and before 5:00 a.m. (0500
hours) prevailing time.
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 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 parent, guardian or custodian
to allow or permit any child under 18 years of age and over 16 years of age
to remain in any public place or establishment after 12:00 midnight (2400
hours) prevailing time and before 5:00 a.m. (0500 hours) prevailing time.
D.
Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in § 120-8 of this chapter.
E.
It shall be the responsibility of the parent, guardian
or custodian to immediately take custody of their child upon notice of a violation
by the Hatfield 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
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 under 18 years of age and over 16 years of age to remain
in any public place or establishment after 12:00 midnight (2400 hours) prevailing
time and before 5:00 a.m. (0500 hours) prevailing time.
Any child found in apparent violation of this chapter, meeting any one of the following listed exceptions, shall be exempt from the provisions of § 120-7 (where applicable) and § 120-8 of this chapter:
A.
Any time when the child is in actual accompaniment by
a parent, guardian or custodian.
B.
During any emergency activity authorized by the parent, guardian or custodian of said child, as long as the special conditions listed in Subsection E are met.
C.
When engaged in employment activities by said child, as long as the special conditions listed in Subsection E are met.
D.
During attendance of special activities/functions, as authorized by a parent, guardian or custodian as long as the special conditions listed in Subsection E are met.
E.
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/local statute or ordinance:
(1)
When a child is found in apparent violation of any of the provisions of this chapter, while carrying written permission of the parent, guardian or custodian, stating the date, time and reason to exempt said child from the provisions of § 120-8 of this chapter.
(2)
When a child found in apparent violation of any provision
of this chapter while carrying actual written authorization from an employer
or other person as authorized by any federal/state/local statute or ordinance
indicating that said child is necessary to the function of that business,
during the time frame regulated by this chapter.
(3)
When a child found in apparent violation of any provision
of this chapter during any 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 of any provision as authorized
by any federal/state/local statute or ordinance.
(5)
When advance notice is given to the Hatfield Township
Police Department in writing by any agency or quasi-agency of any governmental
body indicating the names and addresses of any children residing within the
jurisdiction of the Hatfield Township Police Department who may be found in
violation of any provision of this chapter, during the activity time specified
in that advance notice.
F.
The minor is exercising First Amendment rights protected
by the Constitution, such as free exercise of religion, freedom of speech
and the right of assembly; provided the minor first has given notice to the
Chief of Police of the Township by delivering to the communications center
personnel at the Hatfield Township Municipal Building a written communication
signed by the minor and countersigned, if practical, by a parent of the minor
which specifies when, where and in what manner and for what First Amendment
purpose the minor will be on the street that night during the curfew time
period.
G.
Any time the child is involved in bona fide interstate
travel through Hatfield Township.
A police officer enforcing any provision of this chapter may employ
any one or all of the following provisions of this section:
A.
A police officer shall stop and identify any person(s)
suspected of violating any provision of this chapter.
B.
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.
C.
A police officer shall detain and identify any child
found in violation of any provision of this chapter.
D.
If a parent or guardian or custodian cannot be located,
then the police officer shall transfer custody of the child as specified in
the currently applicable Pennsylvania state statutes and/or appropriate Hatfield
Township Police Department regulations relating to shelter care.
E.
A record of any violation by any person of any provision
of this chapter shall be maintained by the Hatfield Township Police Department.
Notwithstanding the provisions of § 120-7 of this chapter, the following penalty, as appropriate, shall be imposed for any violation of any provision of this chapter:
A.
Child offenders.
(1)
A child offender's first violation shall result in a written
warning.
(2)
A child offender's second violation shall constitute
a summary offense and a fine of $50 plus court costs shall be imposed.
(3)
A child offender's third and any subsequent offense
shall be a summary offense and the fine shall then be increased by a minimum
of $50 per offense, plus court costs, not to exceed the maximum fine of $600
plus court costs.
B.
Parents, guardians or custodians.
(1)
A parent, guardian or custodian's first offense shall result
in a written warning.
(2)
A parent or guardian or custodian's second violation
shall be a summary offense and a fine of $50 plus court costs shall be imposed.
(3)
A parent or guardian or custodian's third and any
other subsequent violation shall be a summary offense and the fine shall then
be increased by a minimum of $50 per offense, plus court costs, not to exceed
the maximum fine of $600 plus court costs.
C.
Operators.
(1)
An operator's first offense shall result in a written warning.
(2)
An operator's second offense shall be a summary
offense, and a fine of $50 plus court costs shall be imposed.
(3)
An operator's third violation and any subsequent
violation shall be a summary offense and the fine shall then be increased
by a minimum of $50 per offense, plus court costs, not to exceed the maximum
fine of $600 plus court costs.
A.
Any police officer enforcing any provision 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 provision of this chapter,
where positive proof of age has not been furnished by any alleged violator,
shall use his/her discretion in determining age and, until positive proof
has been furnished, the officer's judgment/discretion shall prevail.
Where the provisions of this chapter are inconsistent with the provisions
of any other ordinance or regulation, the provisions of this chapter shall
prevail. To the extent that any prior ordinance or regulation is inconsistent
with the provisions of this chapter, said prior ordinance or regulation is
hereby revoked and rescinded.
