[HISTORY: Adopted by the Board of Supervisors of Upper Merion
Township 2-21-2008 by Ord. No. 2008-768. Amendments noted where applicable.]
Purpose: this curfew chapter prescribing, in accordance with
prevailing community standards, regulations for the conduct of minors
in Upper Merion Township at night, for the protection of younger children
from each other and other persons on the streets during the nighttime
hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief and nuisances by minors and for the reduction of the incident
of juvenile criminal activity, all for the good of minors, for the
furtherance of family responsibility, and for the public good, safety
and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned place or business carried on for a profit
or any place to which the public is invited.
Any person under the age of 18 years.
Eastern standard time, except when daylight saving time is
the prevailing time in this commonwealth.
Any individual, firm, association, partnership, or corporation,
managing or conducting any establishment, and whenever used in any
clause prescribing a penalty, the term "operator" as applied to the
associations or partnerships shall include the members or partners
thereof, and applied to corporations, shall include the officers thereof.
Any natural parent of a minor, guardian, or any adult person
21 years of age or over responsible for the care and custody of a
minor.
Any public street, highway, road, alley, park, parking lot,
playground, wharf, dock, public building or vacant lot in the Upper
Merion Township.
Medical or other similar emergency, activities of junior
firefighters, employment, school functions, written reasonable permission
of parents or guardian.
To loiter, idle, wander, stroll, stay behind, tarry or stay
unnecessarily.
A.
It shall be unlawful for any minor to remain in or upon any public
place or any establishment between the hours of 10:30 p.m. and 6:00
a.m. of the following day, Township time, except that on Friday and
Saturday evenings the commencement hour shall be extended to 12:00
midnight.
B.
The provisions of this section shall not apply to any minor accompanied
by a parent and/or legal guardian, to a minor upon errand or other
legitimate business directed by such minor's parent and/or legal
guardian, or to any minor who is engaged in gainful lawful employment
during the curfew hours.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
It shall be unlawful for any parent knowingly to permit any minor
to remain in or upon any public place or any establishment between
the hours of 10:30 p.m. and 6:00 a.m. of the following day, official
Township time, except that on Friday and Saturday evenings the commencement
hour shall be extended to 12:00 midnight.
B.
The provisions of this section shall not apply to any parent who
accompanies a minor or to a parent and/or legal guardian of a minor
upon an errand or other legitimate business or to any parent and/or
legal guardian of a minor engaged in gainful lawful employment during
the curfew hours.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
It shall be unlawful for any operator of any establishment or his
agents, servants and employees knowingly to permit any minor to remain
upon the premises of said establishment between the hours of 10:30
p.m. and 6:00 a.m. of the following day, Township time, except that
on Friday and Saturday evenings the commencement hour shall be extended
to 12:00 midnight.
B.
Each violation of the provisions of this section shall constitute
a separate offense.
Any police officer who finds a minor violating the provisions
of this chapter shall obtain from the minor his or her name, address,
age, phone number, names of parents and/or legal guardian. The minor
shall thereupon be instructed to proceed to his or her home forthwith
and, if necessary, shall be accompanied by the police officer. The
officer shall ascertain, wherever practicable, whether the parents
and/or legal guardians are at home and, if so, to notify them orally
of the violation of the minor and, if applicable, the violation of
the parent. If neither of the parents and/or legal guardian is at
home, the police officer shall take measures to contact the parent
or legal guardian to determine a course of action to insure the minor's
safety. Such actions shall be included in his official report. In
all cases, whether or not oral notice has been given, a written notice
shall also be mailed to the parents and/or legal guardian of the minor
advising them of the violation of this chapter.
A.
Any minor, parent, or legal guardian, and/or operator of an establishment
or any of his agents, servants or employees, who shall violate the
provisions of this chapter shall, for the first offense, at the discretion
of the police officer, be given a verbal warning and/or be fined not
more than $50 plus cost of prosecution; second violation, shall be
fined not more than $150 plus cost of prosecution; third and subsequent
violations, shall pay a fine not to exceed $300 plus cost of prosecution.
Prosecution shall be conducted before a District Justice assigned
to cover the Upper Merion Township, and all fines imposed and collected
shall be paid to the Township for the use of the latter.
B.
Any parent, legal guardian, and/or operator of an establishment or
any of his agents, servants or employees who default shall thereof
undergo imprisonment not exceeding 10 days; provided, however, that
each day's violations of any of the provisions involved shall
constitute a separate offense.
