[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Pottsgrove 12-4-1972 by Ord. No. 121; amended
in its entirety 3-23-1995 by Ord. No. 192 (Ch. 6, Part 2, of the
1995 Code). Subsequent amendments noted where applicable.]
A.Â
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
Person under the age of 18 years of age.
[Amended 5-3-2010 by Ord. No. 295]
Any natural parent of a minor, as herein defined, or a guardian
or any adult person responsible for the care and custody of a minor.
When used in this chapter, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Township.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons, in which any minor involved would not
be using the streets for emergencies or ordinary purposes such as
mere passage or going home.
B.Â
In this chapter, the singular shall include the plural,
the plural shall include the singular, and the masculine shall include
the feminine and the neuter.
This is a curfew ordinance prescribing, in accordance
with prevailing community standards, regulations for the conduct of
minors on streets at night for the protection of younger children
in the Township from each other and from other persons on the streets
during nighttime hours, for the enforcement of parental control and
responsibility for their children, for the protection of the public
from nocturnal mischief by minors and for the reduction of the incidents
of juvenile criminal activity, all for the good of minors, for the
furtherance of family responsibility and for the public good, safety
and welfare.
It shall be unlawful for any minor to be or
remain in or upon any public highway, park or other public place within
the Township or in any enclosure or vehicle which is on or in close
proximity to any such public place within the Township at night from
the first day of April to the 30th day of September, inclusive, of
each year, at any time between the hours of 10:00 p.m. and 5:30 a.m.,
and from the first day of October to the 31st day of March, inclusive,
between the hours of 9:30 p.m. and 5:30 a.m. Exceptions to the above
are the following:
A.Â
Minor accompanied by parent, guardian or other person
having legal care or custody of such minor.
B.Â
Minor possessing a written statement dated that day
and signed by parent, guardian or other person having the legal care
or custody of such minor, which statement specifies the time, place,
purpose and necessity of the minor being in a public place contrary
to this chapter.
C.Â
Minor lawfully employed making it necessary to be
on or in highways, streets, parks, etc., as stated above and possessing
a current letter certifying the same and signed by the employer, parent
or guardian.
D.Â
Minor on an emergency errand.
It is hereby made unlawful for any parent, guardian
or the person having the legal care or custody of a minor to allow
or permit such minor to violate any of the provisions of this chapter
without legal justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Township in violation of § 119-2 shall be taken into custody by the Township police or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of § 119-2, said parent, guardian or person having the legal custody of said minor so offending shall, upon the second offense, be cited for the violation.
Any minor who shall violate this chapter may, at the discretion of the proper Township officials, be reported to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor, and a like procedure may be taken in cases where the arrest of the parent is not effective or where for any other reason the provisions of § 119-2 of this chapter cannot be made effective by the imposition of fines and penalties.
The police officers of the Township in taking
minors into custody shall use their discretion in determining age
and, in doubtful cases, may require positive proof of age. Until such
proof is furnished, the officer's judgment shall prevail.
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not less than $25 nor more than $600 plus costs and, in default
of payment of said fine and costs, to imprisonment for a term not
to exceed 30 days.