[HISTORY: Adopted by the Board of Supervisors
of the Township of Uwchlan 5-11-1992 by Ord. No. 92-05. Amendments noted where
applicable.]
[Amended 6-12-2006 by Ord. No. 2006-02]
It shall be unlawful for any minor who has not
attained the 18th anniversary of the date of his birth to remain in
or upon any street, public place or any establishment in the Township
of Uwchlan between the hours of 11:00 p.m. and 5:00 a.m. of the following
day, official Township time. This section shall not apply to any minor
accompanied by a spouse 18 years of age or older, a parent, a legal
guardian or any adult 21 years of age or others designated by the
parent or legal guardian to be responsible for the care and custody
of the person of such minor, or to a minor upon an errand or other
legitimate business directed by such minor's parent or legal guardian,
or to any minor who is engaged in gainful, lawful employment during
the curfew hours, provided that the minor carries identification and
evidence in writing to this effect.
It shall be unlawful for any parent or legal guardian of a minor knowingly to permit any minor under the age of 18 years to remain in or upon any public place, street or any establishment between the hours specified under § 112-1 hereof, unless accompanied by a parent, legal guardian or any adult 21 years of age or over designated by the parent or legal guardian to be responsible for the care and custody of the minor or unless such is engaged in gainful employment during the curfew hours.
It shall be unlawful for any operator of any establishment or his agents or employees knowingly to permit any minors under the age of 18 years to remain upon the premises of said establishment during the hours restricted under § 112-1.
[Amended 3-24-1997 by Ord. No. 97-05]
Any police officer who discovers a minor under the age of 18 years violating the provisions of this chapter shall obtain information from such minor as to his name, address, age and the name of his parent(s), legal guardian, or other person having legal custody of the minor. The minor shall thereupon be instructed to proceed to his home forthwith. The information obtained from the minor shall be transmitted to the Chief of Police, who shall cause a written notice by registered mall to be sent to the parent(s), legal guardian or other person having legal custody of the minor advising them of the violation of the Township ordinance and that any subsequent violation of this Township chapter shall result in prosecution under § 112-5 hereof.
[Amended 3-24-1997 by Ord. No. 97-05[1]]
Any person who violates or commits the violation of any provision of this chapter after once having been notified pursuant to § 112-4 of the prior violation hereof shall be subject to a criminal fine in an amount not to exceed $1,000, for each separate offense, plus the costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Enforcement of this chapter shall be by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The Township Solicitor may assume charge of the prosecution without the consent of the District Attorney.
It is declared to be the intention of the Board
of Supervisors by enactment of the Township ordinance that its provisions
shall be liberally construed so as to curb or reduce juvenile delinquency.
If any section, provision or part of this Township
ordinance shall be held unconstitutional, such unconstitutionality
shall not affect the validity of the remaining sections, provisions
or parts of this chapter. The Board of Supervisors hereby declares
that it would have enacted and ordained the remaining provisions or
parts of this chapter if it had known that such sections, provisions
or parts thereof would be declared unconstitutional.
