[HISTORY: Adopted by the Board of Supervisors of the Township of Independence 8-4-1975 by Ord. No. 4-75. Amendments noted where applicable.]
Disorderly conduct — See Ch. 85.
This chapter shall be known as the "Curfew Ordinance of 1975."
The Supervisors of the Township of Independence, being cognizant of the problem of juvenile delinquency and believing that it can be dealt with more effectively by regulating the hours during which minors less than 18 years of age may remain in public places and certain establishments without adult supervision and by defining more clearly certain duties and responsibilities upon those who have the custody and responsibility for the care of such minors, directs that in the administration and enforcement of this chapter the fundamental purpose of reducing juvenile delinquency shall be foremost.
In this chapter the following definitions shall apply:
- AFTER HOURS
- The period of time each night specified below:
- A. In this chapter the time shall be construed to mean no later than from the hours of 11:00 p.m. to 6:00 a.m. Eastern standard time when that time is in effect in the Township of Independence and daylight saving time when that time is in effect in the Township of Independence.
- Any privately owned place of business, any place of amusement or entertainment to which the public is invited and any similar place.
- MINOR or MINORS
- Any person less than 18 years of age. For the purpose of this chapter any person shall be deemed to be 18 years of age on the date of his or her eighteenth birthday and not before that time.
- Any individual, firm, association, partnership or corporation, owning, operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty the word "operator" as applied to association or partnership shall include the members, partners, officers and managers thereof or any of them and as applied to corporations, shall include officers and managers thereof or any of them.
- The natural parent or guardian or adult person 21 years of age or over, responsible for the custody or care of any minor.
- PUBLIC PLACE
- Any public street, highway, road, alley, park, playground, vacant lot, public building, railway station, bus terminal or similar place.
- Loiter, idle, wander, stroll, play or be.
It shall be unlawful for any minor to remain in or upon any public place or establishment in the Township of Independence after hours unless accompanied by a parent or upon an errand of other legitimate business directed by a parent or unless engaged in gainful, lawful employment after hours, in which case said minor shall carry written identification and evidence of employment.
It shall be unlawful for any operator of an establishment knowingly to permit any minor to remain in or upon the premises of said establishment after hours.
Each violation of the provisions of this chapter shall constitute a separate offense.
Any police officer who finds a minor violating any provisions of this chapter shall endeavor to obtain the name, age, date of birth and address of the minor and the names of the minor's parents. The minor shall thereupon either be brought to the police station and the parents notified, or shall be taken or instructed to proceed directly to his home. The information obtained from the minor, together with a full report shall be transmitted to the Chief of Police who shall cause a written notice to be delivered, mailed or otherwise, to the parents of the minor advising them of the violation of this chapter. A record of all violations shall be kept.
The police officer of the Township of Independence in taking a minor into custody under this chapter shall use their discretion in determining age, and in doubtful cases may require positive proof, and until such proof is furnished, the officer's judgment shall prevail.
Any minor who shall violate this chapter more than three times shall be reported to a society, department of government or organization whose purpose is to take charge of incorrigibles and delinquents and proceedings will be taken in the Court of Common Pleas or Juvenile Court for their permanent welfare, and a like procedure shall be taken in cases where the arrest of the parent or operator shall not be effective, or where for any other reason the provisions of this chapter cannot be made effective by fines and penalties imposed thereunder.
The Chief of Police is hereby authorized from time to time to promulgate such rules and regulations including the extension of hours for special occasions, as in his sole and uncontrolled discretion shall be necessary or useful in the enforcement of this chapter.
Editor's Note: Said rules and regulations are included at the end of this chapter.