This chapter shall be known and may be cited as the "Bern Township
Curfew Ordinance of 2010."
Whereas, the Board of Supervisors of Bern Township has determined
that juvenile delinquency poses a serious hazard to the public peace,
safety, health, welfare and quality of life of the citizens of Bern
Township, it is hereby declared the policy of Bern Township to set
forth this chapter which shall apply to the control and regulation
of children in public places and establishments open for the use of
the public, within the boundaries of Bern Township.
The following words, terms, phrases, 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 and words in the singular number include
the plural. The word "shall" is always mandatory and not merely directory.
CHILD
A natural person being under the age of 18 years of age on
the date of the occurrence. The term "juvenile" may be used interchangeably
with "child" in this chapter and also refers to a person under 18
years of age.
CUSTODIAN
Any person over the age of 18 years old, having a duty to
provide for the care, protection, maintenance or support of a child,
or any person acting in loco parentis of a child.
ESTABLISHMENT
Any privately owned place of business, to which the general
public has access by a right, perceived right or custom or invitation,
carried on for profit, or any other place devoted to business, commerce,
amusement or entertainment of or for the general public.
GUARDIAN
A person, other than the parent, having a duty to provide
care, protection, maintenance or support of a child.
OPERATOR
Any individual, firm, association, partnership or corporation
operating, managing or conducting business in any establishment; and
whenever used in any clause prescribing a penalty, the term "operator,"
as applies to associations or partnerships or corporations, shall
include the members or partners or officers thereof.
PARENT
A natural parent or adoptive parent or court-appointed/approved
foster parent, or state/county agency authorized or other persons
having a duty to provide for the care, protection, maintenance or
support of a child.
POLICE OFFICER
A duly appointed and sworn member of the Bern Township Police
Department, having been vested with the powers of a police officer
as permitted by law.
PREVAILING TIME
Eastern standard time (EST) or eastern daylight saving time
(EDT), whichever is in use by custom, rule, regulation or law, as
expressed in either a.m. / p.m. terms or the twenty-four-hour clock
(military time).
PUBLIC PLACE
Any street, alley, highway, park, sidewalk, 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, drug store, poolroom, shopping
center parking lot, federal, state, county or Township park (or contiguous
grounds), golf course, school property, and any other place devoted
to amusement or entertainment of the general public. It shall also
include the front, back or immediate surrounding area of these defined
public places.
REMAIN
To occupy, loiter, idle, wander, stroll, play or hang out
in or upon.
Not withstanding the provisions of §
71-8 of this chapter, the following penalties, as appropriate, shall be imposed for any violation of any provision of this chapter:
A. A child offender's first violation shall result in a written
or documented oral warning.
B. A child offender's second violation shall constitute a summary
offense, and a fine of $25 plus court costs shall be imposed.
C. A child offender's third and any subsequent offense shall be
a summary offense, and the fine shall then be increased by $25 plus
court costs, until the maximum fine of $200 plus court costs is imposed,
after which the fine shall be $200 plus court costs.
D. A parent, guardian or custodian's first offense shall result
in a written or documented oral warning.
E. A parent, guardian or custodian's second violation shall be
a summary offense, and a fine of $50 plus court costs shall be imposed.
F. A parent, guardian or custodian's third and any other subsequent
violation shall be a summary offense, and the fine shall then be increased
by $50 plus court costs, until the maximum fine of $200 plus court
costs is imposed, after which the fine shall be $200 plus court costs.
G. An operator's first violation shall result in a written or documented
oral warning.
H. An operator's second violation shall be a summary offense, and
a fine of $50 plus court costs shall be imposed.
I. An operator's third violation and any subsequent violation shall
be a summary offense, and the fine shall then be increased by $50
plus court costs, until the maximum fine of $200 plus court costs
is imposed, after which the fine shall be $200 plus court costs.