Township of Springfield, PA: Curfew

For the purpose of this chapter, the terms used herein are defined as follows:

Any privately owned place or business carried on for a profit, or any place of amusement or entertainment to which the public is invited.

OFFICIAL TOWNSHIP TIME

Eastern Standard Time or Eastern daylight saving time, depending on which is prevailing in Pennsylvania at the time of the alleged offense, as a result of the governing federal or state statute.

[Amended 3-9-2011 by Ord. No. 907]

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, partnerships or corporations, shall include the members, partners or 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, swimming pool, wharf, dock, public ground, public building or vacant lot.

REMAIN

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

§ 21-2 Unlawful conduct of minors.

It shall be unlawful for any minor under the age of 18 years to remain in or upon any public place or any establishment in accordance with the following schedule of hours:

[Amended 5-10-1972 by Ord. No. 612; 3-9-2011 by Ord. No. 907]

(1)

From September 1 to June 15, 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 11:59 p.m. to 6:00 a.m.

(2)

From June 15 to September 1, between the hours of 11:30 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 11:59 p.m. to 6:00 a.m.; provided, however, that 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 curfew hours.

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

§ 21-3 Unlawful conduct of parents.

It shall be unlawful for any parent knowingly to permit any minor under the age of 18 years to remain in or upon any public place or establishment in accordance with the following schedule of hours:

[Amended 5-10-1972 by Ord. No. 612; 3-9-2011 by Ord. No. 907]

(1)

From September 1 to June 15, 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 11:59 p.m. to 6:00 a.m.

(2)

From June 15 to September 1, between the hours of 11:30 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 11:59 p.m. to 6:00 a.m.; provided, however, that 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.

§ 21-4 Unlawful conduct of owners or operators of premises and establishments.

It shall be unlawful for any owner or operator of an establishment or their agents or employees knowingly to permit any minor under the age of 18 years to remain upon the premises of said establishment in accordance with the following schedule of hours:

[Amended 5-10-1972 by Ord. No. 612; 3-9-2011 by Ord. No. 907]

(1)

(2)

From June 15 to September 1, between the hours of 11:30 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 11:59 p.m. to 6:00 a.m.; provided, however, that the provisions of this section shall not apply to an owner or operator who permits any minor to remain upon the premises accompanied by a parent, or a minor directed by a parent upon an errand or other legitimate business, or any minor engaged in gainful, lawful employment on said premises during the curfew hours.

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

§ 21-5 Enforcement; violations and penalties.

Any police officer who finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name, age and address, and the name and address of his parent or parents. The police officer shall thereupon instruct the minor to proceed to his home forthwith and/or, if the police officer deems it advisable, he shall accompany said minor to his home. The police officer shall ascertain, if possible, if the parent or parents are at home and, if so, shall notify them verbally of the violation. In all cases, the police officer shall make a report of the violations to his superior officer. A written notice shall be mailed to the parent or parents of the minor, advising them of the violation of this chapter.

Any parent who shall permit a minor to violate the provisions of this chapter, after having received notice of one prior violation, shall be fined not more than $1,000 for each violation.

[Amended 12-27-1973 by Ord. No. 630; 7-13-1988 by Ord. No. 756]

Any owner or operator of an establishment and any agents or employees of any owner or operator who shall violate the provisions of this chapter shall be fined not more than $1,000 for each violation.

[Amended 12-27-1973 by Ord. No. 630; 7-13-1988 by Ord. No. 756]

Prosecutions shall be before the District Justice for the Township of Springfield, and all fines imposed and collected shall be paid into the treasury of Springfield Township for the use of Springfield Township.