[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:
CUSTODIAN
Any adult person, 21 years of age or older, responsible for the care and custody of a minor.
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
GUARDIAN
Any person, other than a parent, who has legal guardianship of a minor.
MINOR
Any person under the age of 18 years.
PARENT
The natural or adoptive parent of a minor.
PUBLIC PLACE
Any public street, highway, road, park, playground, public building, vacant lot or parking area open to the general public.
TOWNSHIP
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:
(1) 
Any minor who is accompanied by his parent, guardian or custodian.
(2) 
Any minor who is on an errand or other legitimate business directed by his parent, guardian or custodian.
(3) 
Any minor who is engaged in lawful employment during the aforesaid hours.
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:
COMPULSORY SCHOOL AGE
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.
ESTABLISHMENT
Any privately owned place of business carried on for profit or any place of amusement or entertainment to which the public is invited.
GUARDIAN
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.
HOME EDUCATION PROGRAM
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.
PARENT
The natural or adoptive parents of a student.
PUBLIC PLACE
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.
SCHOOL
Any institution, public or private, authorized and/or certified by the School Code.
SCHOOL ATTENDANCE OR TRUANCY OFFICER
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]
SCHOOL CODE
The Public School Code of 1949, as amended.
SCHOOL DAY
The time period of any day that students are required to attend school.
SCHOOL TERM
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.
STUDENT
Any person of compulsory school age.
TOWNSHIP
Middletown Township, Bucks County, Pennsylvania.
UNAUTHORIZED ABSENCE
Any absence from school by a student which is not excused or permitted by school authorities.
VOCATION EDUCATION PROGRAM
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.