[HISTORY: Adopted by the Board of Supervisors
of the Township of Independence 8-4-1975 by Ord. No. 4-75. Amendments
noted where applicable.]
GENERAL REFERENCES
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:
The period of time each night specified below:
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.
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.
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.
A.
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.
B.
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.
C.
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.[1]
[1]
Editor's Note: Said rules and regulations
are included at the end of this chapter.
