[Adopted 5-14-2007 by Ord. No. 2498; amended 11-13-2007 by Ord. No.
2518]
A.
A curfew is hereby established for any person under
the age of 18 years.
B.
CURFEW HOURS
EMERGENCY
ESTABLISHMENT
GUARDIAN
MINOR
OPERATOR
PARENT
PUBLIC PLACE
REMAIN
SERIOUS BODILY INJURY
Definitions. As used in this article, the following
terms shall have the meanings indicated:
Midnight to 5:00 a.m., Monday through Sunday, seven days
per week.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, or an automobile accident,
or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
Any person under 18 years of age.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of any association or partnership and the
officers of a corporation.
A person who is:
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
To:
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
A.
Offenses.
(1)
A minor commits an offense if he remains in any public
place or on the premises of any establishment within the Township
during curfew hours.
(2)
A parent or guardian of a minor commits an offense
if he knowingly permits, or by insufficient control allows, the minor
to remain in any public place or on the premises of any establishment
within the Township during curfew hours.
(3)
The owner, operator, or any employee of an establishment
commits an offense if he knowingly allows a minor to remain upon the
premises of the establishment during curfew hours.
B.
Defenses.
(1)
It is a defense to prosecution under Subsection A that the minor was:
(a)
Accompanied by the minor's parent or guardian;
(b)
On an errand at the direction of the minor's
parent or guardian, without any detour or stop;
(c)
In a motor vehicle involved in interstate travel;
(d)
Engaged in an employment activity, or going
to or returning home from an employment activity, without any detour
or stop;
(e)
Involved in an emergency;
(f)
On the sidewalk abutting the minor's residence
or abutting the residence of a next-door neighbor if the neighbor
did not complain to the Police Department about the minor's presence;
or
(g)
Attending an official school, religious, or
other recreational activity supervised by adults and sponsored by
the Township of Haverford, a civic organization, a religious organization
or another similar entity that takes responsibility for the minor,
or going to or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised
by adults and sponsored by the Township of Haverford, a civic organization,
a religious organization or another similar entity that takes responsibility
for the minor.
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 128-11B is present.
[Amended 3-12-2012 by Ord. No. 2660]
A person who violates a provision of this article
is guilty of a separate offense for each day or part of a day during
which the violation is committed, continued, or permitted. Fines will
be $100 for the first offense, $150 for the second offense and $250
for the third offense. Any further offenses will not exceed $600.