[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.
[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.
[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.