[Ord. 1116, 6/7/2006]
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number the plural number. The word
"shall" is always mandatory and not merely directory.
The Borough of Quakertown.
Any person over the age of 18 who is in loco parentis to
a juvenile.
Any person, other than a parent, who has legal guardianship
of a minor.
Any person under the age of 18.
The natural guardian or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment or other lawful purpose. A "public place"
shall include but not be limited to any store, shop, restaurant, tavern,
bowling alley, cafe, theater, drugstore, poolroom, shopping center
and any other place devoted to amusement or entertainment of the general
public. It shall also include the front or immediate area of the above.
[Ord. 1116, 6/7/2006]
1.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place on foot or to drive or cruise without a set destination in any vehicle in, about or upon any place in the Borough between the hours of curfew as set forth in § 402, Subsection 2, of this Part.
2.
Hours of curfew shall be as follows: between Sunday 11:00 p.m. and
Monday 5:00 a.m.; between Monday 11:00 p.m. and Tuesday 5:00 a.m.;
between Tuesday 11:00 p.m. and Wednesday 5:00 a.m.; between Wednesday
11:00 p.m. and Thursday 5:00 a.m.; between Thursday 11:00 p.m. and
Friday 5:00 a.m., between Saturday 12:00 a.m. and Saturday 5:00 a.m.,
and between Sunday 12:00 a.m. and Sunday 5:00 a.m. Notwithstanding
anything in this subsection to the contrary, in the event that the
day prior to a national holiday shall fall on a Sunday, Monday, Tuesday,
Wednesday or Thursday, the beginning of the curfew hours for that
day prior to a national holiday shall be set back from 11:00 p.m.
of that day to 12:00 a.m. of the national holiday.
[Ord. 1116, 6/7/2006]
It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors between the hours of curfew as set forth in Chapter 6, § 402.
[Ord. 1116, 6/7/2006]
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to suffer or permit or by inefficient control to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Borough between the hours of curfew as set forth in Chapter 6, § 402.
[Ord. 1116, 6/7/2006]
Any minor found in apparent violation of this Part, meeting any one of the following listed exceptions, shall be exempt from the provisions of Chapter 6, § 402:
A.
Any time when the minor is accompanied by a parent, guardian or custodian.
B.
During any emergency activity and/or errand authorized by parent,
guardian or custodian of said minor (optional provided the minor is
able to provide a written authorization stating the date, time and
reason for the emergency activity).
C.
When engaged in employment activities by said minor (optional provided
the minor provides an authorization from the employer and/or parent,
guardian or custodian).
D.
When engaged in special activities or functions of any school, church,
club or event sanctioned by the Borough or other organization (optional
provided the school, church, club or organization provides advance
notice to the Borough Police Department in writing stating the time
and location of said activity, function or event and the hour it will
end. All minors who attend the events shall be required to be in their
homes within 1/2 hour after the function has ended.).
[Ord. 1116, 6/7/2006]
1.
Any police officer, upon finding a minor in violation of this Part,
shall ascertain the name and address of such minor and warn the minor
that he is in violation of curfew and shall direct the minor to proceed
at once to his or her home or usual place of abode. The oral warning
to the minor may or will be logged in Borough Police Department records,
and a follow-up warning letter will be forwarded to the minor's parent,
guardian or custodian.
2.
If any minor refuses to heed such warning or direction by any police
officer or refuses to give such police officer his correct name and
address, or if the minor has been warned on a previous occasion that
he or she is in violation of curfew, the violation shall constitute
a summary offense, and a citation will be issued.
3.
Any parent, guardian or custodian's initial violation shall result
in a written warning. A subsequent violation will constitute a summary
offense, and a citation will be issued.
4.
Any owner or operator of a public place found in violation of this
Part shall be issued a warning with the first violation. A subsequent
violation shall constitute a summary offense, and a citation will
be issued.
[Ord. 1116, 6/7/2006]
1.
Any police officer enforcing any provision of this Part may require
positive proof of age by any person in apparent violation of this
Part.
2.
Any police officer enforcing any provisions of this Part, where positive
proof of age has not been furnished by any alleged violator, shall
use his/her discretion in determining age; and until positive proof
has been furnished, the officer's judgment/discretion shall prevail.
[Ord. 1116, 6/7/2006]
Any person violating the provisions of this Part shall, upon
conviction thereof, be liable to pay a fine not less than $25 nor
more than $300 for each and every offense.
[Ord. 1116, 6/7/2006]
All ordinances or parts of ordinances inconsistent herewith
are hereby repealed.
[Ord. 1116, 6/7/2006]
Should any section, paragraph, sentence, clause or phrase in
this Part be declared unconstitutional or invalid for any reason,
the remainder of the Part shall not be affected thereby and shall
remain in full force and effect; and for this reason, the provisions
of this Part shall be severable.
[Ord. 1116, 6/7/2006]
The effective date for this Part shall be immediately upon adoption.
