Township of Whitpain, PA Curfew

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, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

§ 78-2 Unlawful conduct of minors.

It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 10:30 p.m. and 6:30 a.m. of the following day, official township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.

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.

Each violation of the provisions of this section shall constitute a separate offense.

§ 78-3 Unlawful conduct of parents.

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 10:30 p.m. and 6:30 a.m. of the following day, official township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.

The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs 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.

Each violation of the provisions of this section shall constitute a separate offense.

§ 78-4 Unlawful conduct of owners or operators of establishments.

It shall be unlawful for any operator of any establishment or his agents or employees knowingly to permit any minor to remain upon the premises of said establishment between the hours of 10:30 p.m. and 6:30 a.m. of the following day, official township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.

Each violation of the provisions of this section shall constitute a separate offense.

§ 78-5 Violations and penalties.

Any police officer that finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name, address and age and the name and address of his parent(s) or guardian(s) (the "responsible adults"). The police officer shall detain the minor and:

[Amended 1-19-2016 by Ord. No. 346]

(1)

Before transporting the minor off of the premises where apprehended, call the responsible adults and notify them of the minor's whereabouts.

(a)

The police officer shall permit the responsible adults to collect the minor at the premises in a timely manner.

(b)

If the responsible adults cannot arrive at the premises within a timely manner, the police officer shall direct the responsible adults to collect the minor at the Whitpain Township Police Station.

(c)

In the sole discretion of the police officer, if verbal permission is given by the responsible adults directly to the police officer, the police officer shall be permitted to transport the minor to the residence of the responsible adults.

(2)

If verbal permission is given by the responsible adults directly to the police officer, the police officer may permit the minor to be collected by an adult other than the responsible adults from either the premises or the Whitpain Township Police Station.

(3)

If the responsible adults are unresponsive or refuse to collect the minor, the police officer shall transport the minor to the Whitpain Township Police Station. If the responsible adults do not collect the minor in the briefest time necessary, the police officer shall contact the Montgomery County Juvenile Probation Office to arrange for temporary shelter for the minor.

(4)

At all times, the detention of the minor shall be in accordance with the juvenile detention procedures of the Juvenile Act (42 Pa.C.S.A. § 6301 et seq.) and the Whitpain Township Police Department juvenile detention procedures.

(5)

If the minor is transported to the station, the police officer shall make a report to his superior officer.

Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation shall, upon conviction thereof, be punishable for each offense by a fine of not more than $600 and costs of prosecution or, upon default in payment of the fine and costs, by imprisonment in the county jail for not more than 30 days.

[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 189]

Any operator of any establishment and any agents or employees of any operator who shall violate the provisions of this chapter shall, upon conviction thereof, be punishable for each offense by a fine of not more than $600 and costs of prosecution or, upon default in payment of the fine and costs, by imprisonment in the county jail for not more than 30 days.

[Amended 5-19-1986 by Ord. No. 165; 1-2-1989 by Ord. No. 184]

§ 78-6 Special events.

Where there are special events, programs or functions by properly organized and supervised organizations to advance legitimate recreation, character development, religious training and school activities in the building of good citizenship in young people, the Whitpain Police Department will grant special consideration in such cases upon receipt of notice thereof and the children will be permitted to proceed directly home from the event without incident.