[HISTORY: Adopted by the Board of Supervisors of the Township
of Schuylkill 1-18-1988. Amendments noted where applicable.]
A curfew is hereby established in Schuylkill Township, Chester
County, Pennsylvania. The hours of this curfew shall begin at 11:00
p.m., prevailing time, on each day and end at 5:00 a.m., prevailing
time, on the following succeeding day.
It shall be unlawful for any child who has not reached the 18th
anniversary of the date of his or her birth to be in any public place,
on any public street, or in any public way within Schuylkill Township
within the hours of said curfew as hereinabove defined, unless such
child is in the company of his or her parent, guardian, or other person
standing with respect to the child in loco parentis or unless such
child is proceeding expeditiously in the most direct route to his
home from his place of employment or from a function duly sponsored
by the school or place of worship attended by such child, if such
employment, school or worship function detains such child so that
he cannot arrive at his then place of abode before the hour of the
curfew.
It shall be unlawful for any parent, guardian, or other person
standing with respect to a child in loco parentis, knowingly, or with
reason to know, to permit any such child under the age of 18 years
to remain in or upon any public street, way, place, or otherwise to
be in violation of this chapter.
It shall be unlawful for any person, firm, or corporation owning,
managing, or operating a place of public resort to permit any such
child under the age of 18 years to remain in such place, owned, managed,
or operated by said person, firm, or corporation between the hours
of the curfew hereby established.
It shall be unlawful for any adult (other than the parent, guardian,
or person standing with respect to such child under the age of 18
years in loco parentis) knowingly to be in the company of any child
in any public place, street, way or place of public resort in violation
of this chapter.
[Amended 1-7-2013 by Ord.
No. 2013-01]
A.
Approved
adult chaperones, coaches, mentors, etc., may substitute for a parent/guardian
in situations where the minor is attending an activity sponsored by
a school, religious, nonprofit, government, athletic, or similar organization.
B.
Circumstances
wherein minors are legally employed or serving as junior firefighters
or ambulance personnel shall constitute exemptions from this chapter.
D.
Minors
possessing a written document, dated that same day and signed by a
parent/guardian, specifying the starting/ending times, place(s), purpose,
and necessity of the minor being in a public place shall constitute
an exemption from this chapter.
[Amended 1-7-2013 by Ord.
No. 2013-01]
Police officers shall use their discretion when taking minors
into custody in determining age. In any doubtful case, police may
require positive proof of age, and until such proof is furnished,
the judgment of the police officer shall prevail.
[Amended 1-7-2013 by Ord.
No. 2013-01; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000, plus costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment for a term
not exceeding 90 days. Each day or portion thereof that such violation
continues or is permitted to continue shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense.
