[HISTORY: Adopted by the Board of Supervisors of the Township
of Middletown as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-18-1980 by Ord. No. 80-23 (Ch. 6, Part 1, of the
1992 Code)]
It is hereby declared that the enactment of this article is
necessary to secure the public safety, in that:
A.
A serious situation has been created by a substantial increase in
the number and in the seriousness of acts committed by minors against
persons and property within the Township of Middletown, and this has
created a menace to the preservation of public peace, safety, health
and welfare.
B.
The increase in juvenile delinquency has been caused in part by minors
who are permitted to remain in public places and in certain establishments
during the night hours without adult supervision.
C.
The problem of juvenile delinquency can be reduced by regulating
the hours during which minors may remain in public places and in certain
establishments without adult supervision and by imposing certain duties
and responsibilities upon the parents or other adult persons who have
care and custody of minors.
Unless otherwise expressly stated, the following words and phrases
shall have, for the purpose of this article, the meanings set forth
herein:
Any adult person, 21 years of age or older, responsible for
the care and custody of a minor.
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person, other than a parent, who has legal guardianship
of a minor.
Any person under the age of 18 years.
The natural or adoptive parent of a minor.
Any public street, highway, road, park, playground, public
building, vacant lot or parking area open to the general public.
The Township of Middletown.
A.
It shall be unlawful for any minor to remain idle or play in or upon
any public place or any establishment or to wander or stroll upon
public streets or rights-of-way between the hours of 10:00 p.m. and
6:00 a.m. of the following day, except that, on Fridays and Saturdays,
the hours shall be 12:00 midnight to 6:00 a.m. of the following day.
B.
The provisions of this section shall not apply to the following minors:
A.
Any police officer who finds a minor violating § 200-103 shall obtain the information from such minor that is required in order to issue a citation to the minor. The minor shall thereupon be instructed to proceed to his home forthwith. A copy of the citation and a written notice shall be mailed to the parent, legal guardian, or custodian of the minor by the Chief of Police, advising of the violation of § 200-103.
[Amended 12-22-2008 by Ord. No. 08-06; 12-8-2009 by Ord. No. 09-04]
B.
If the minor fails to heed the direction of a police officer to proceed
to his home forthwith, then the minor shall be taken to the Police
Department and the parent, guardian or custodian of such minor shall
be notified to come and take charge of the minor. If the parent, guardian
or custodian cannot be located or fails to come and take charge of
the minor, the juvenile authorities shall be contacted to determine
the further disposition of the minor.
C.
If a person suspected of violating § 200-103 refuses to satisfactorily identify himself to a police officer, that person shall be taken to the Police Department, where the police shall attempt to identify the suspect. If it is determined that the suspect is a minor, then the parent, guardian or custodian of such minor shall be notified to come and take charge of the minor. If the parent, guardian or custodian cannot be located or fails to come and take charge of the minor, the juvenile authorities shall be contacted to determine the further disposition of the minor.
[Amended 12-1-1992 by Ord. No. 92-13; 6-23-1998 by Ord. No. 98-08]
Any person, firm or corporation who shall violate any provision
of this article, upon conviction thereof in an action brought before
a Magisterial District Judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this article continues
or each section of this article which shall be found to have been
violated shall constitute a separate offense.
[Adopted 6-29-2000 by Ord. No. 00-11 (Ch. 6, Part 7, of the
1992 Code)]
As used in this article, the following terms shall have the
meanings indicated:
As defined by the Public School Code of 1949, the period
of a child's life from the time the child's parents elect
to have the child enter school until the age of 17 years. The term
shall not include any child who holds a certificate of graduation
from a regularly accredited senior high school.
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
Any person, other than a parent, who has legal guardianship
of a student or is a person in a parental relation having control
or charge of any student.
A program conducted, in compliance with the School Code,
by the parent or guardian or such person having legal custody of the
child or children.
The natural or adoptive parents of a student.
Any public street, highway, road, park, playground, public
building, vacant lot or parking area open to the general public, including
the interior of any motor vehicle being operated upon or parked upon
or standing in or upon any such areas.
Any institution, public or private, authorized and/or certified
by the School Code.
Person or persons employed by the School District, in accordance
with the Public School Code of 1949, as amended, whose duties shall
be to enforce the provisions of the Public School Code of 1949, as
amended, for compulsory attendance.
[Added 3-27-2007 by Ord. No. 07-05]
The Public School Code of 1949, as amended.
The time period of any day that students are required to
attend school.
The period of time elapsing between the opening of schools
in the fall of one year and the closing of schools in the spring of
the following year.
Any person of compulsory school age.
Middletown Township, Bucks County, Pennsylvania.
Any absence from school by a student which is not excused
or permitted by school authorities.
A program conducted in compliance with the School Code, the
purpose of which is to fit an individual to pursue effectively a recognized
profitable employment.
A.
It shall be unlawful for any student required by the School Code
to attend school to remain in or play in or upon any public place
or at any establishment or to wander or stroll upon public streets
or rights-of-way when such student is required by the School Code
to attend school during the school day.
B.
The provisions of this article shall not apply to any student who:
(1)
Has attained the age of 16 years and who is regularly engaged
in any useful and lawful employment or service during the time the
schools are in session and who holds an employment certificate issued
according to law.
(2)
Has been examined by an approved mental health treatment facility
or by a person certified as a school psychologist or psychological
examiner and has been found to be unable to profit from further public
school attendance and who has been reported to the Board of School
Directors and excused in accordance with the regulations prescribed
by the State Board of Education.
(3)
Has attained the age of 15 years and is engaged in farm work
or domestic service in a private home on a permit issued by the School
Board or the designated school official of the school district of
the student's residence, in accordance with regulations which
the Superintendent of Public Instruction is hereby authorized to prescribe.
(4)
Has attained the age of 14 years and is engaged in farm work or domestic service in a private home on a permit issued as provided in Subsection B(3) of this section and who has satisfactorily completed, either in public or private schools, the equivalent of the highest grade of the elementary school organization prevailing in the public schools of the district in which he resides, if the issuance of such permit has first been recommended by the District Superintendent of Schools having supervision of the schools of the district where such child resides or by the principal of the private school where such child is enrolled and the reason therefor has been approved by the Superintendent of Public Instruction.
(5)
Is engaged in a home education program.
(6)
Is engaged in a vocational education program and is out of school
pursuant to the guidelines of such program.
A.
Any person who shall fail to comply with this article shall, on summary
conviction thereof, be sentenced to pay a fine not to exceed $300
and to pay court costs. Failure to pay fine or perform community service
will result in referral to juvenile probation and not in the issuance
of an arrest warrant.
B.
The student must appear at a hearing established by the Magisterial
District Judge.
C.
In lieu of or in addition to any other sentence imposed under this
section, the Magisterial District Judge may order the student to perform
community service for a period not to exceed six months.
D.
A first-time offender who maintains perfect attendance for a period
of 30 days following his/her offense may be permitted to have the
citation issued under this article dismissed.
[Amended 3-27-2007 by Ord. No. 07-05]
A.
Any school attendance officer, truancy officer or police officer
who finds a student violating this article may obtain the information
from such student that is required in order to issue a citation to
the student. A copy of the citation and/or written notice shall be
provided to the parent or guardian of the student by the school attendance
officer, truancy officer or police officer or their designee, advising
of the violation. The student should then be transported to school.
B.
Any school attendance officer, truancy officer or police officer
who is notified by a parent, guardian or person in parental relation
of a student who willfully refuses to attend school shall obtain permission
from the parent, guardian or person in parental relation to enter
the residence of the parent, guardian or person in parental relation
and issue a citation for the violation of the article to the student
and return the student to the public school in which the student is
or should be enrolled.
C.
If a person suspected of violating this article refuses to satisfactorily
identify himself to a school attendance officer, truancy officer or
police officer, that person may be temporarily detained to permit
the school attendance officer, truancy officer or police officer reasonable
opportunity to determine his/her identify. If it is determined that
the suspect is a student subject to compulsory school attendance,
then the parent or guardian of such student shall be notified and,
unless requested by such parent, guardian or person in parental relation
to place said student in a school other than the public school, the
student may be placed in the public school in which the student is
or should be enrolled.[1]
[1]
Editor's Note: Original § 705 of the 2009 Code,
Effective date, amended 2-27-2001 by Ord. No. 01-03 and 10-1-2002
by Ord. No. 02-14, which immediately followed this subsection, was
repealed 11-18-2003 by Ord. No. 03-21.
