[Adopted 1-8-2001 by Ord. No. 2001-2 (Part 8, Ch. 1, Art.
C.1, of the 1976 Code of Ordinances)]
This article shall be known as the "Manheim Township Curfew
Ordinance."
The Board of Commissioners of Manheim Township, recognizing
the problem of crimes committed by and committed against juveniles
during the nighttime and believing that it can be dealt with more
effectively by regulating the hours during which minors less than
18 years of age may remain in public places and certain establishments
without adult supervision, and by defining more clearly certain duties
and responsibilities upon those who have the custody and responsibility
for the care of such minors, hereby enacts this article for the purpose
of promoting the general welfare and protecting the general public
through reduction of juvenile violence and crime within Manheim Township;
promoting the safety and welfare of Township's citizens under
the age of 18 whose youth and inexperience renders them particularly
vulnerable to becoming participants in criminal activity and in being
victimized by perpetrators of crime; and fostering and strengthening
parental responsibility for children.
In this article, the following definitions shall apply:
The period of time between the hours of 10:00 p.m. and 6:00
a.m. on Sunday through Thursday nights and 12:00 midnight and 6:00
a.m. on Friday and Saturday nights.
Refers to unforeseen circumstances, or the status or condition
resulting therefrom, requiring immediate action to safeguard life,
limb or property. The term includes, but is not limited to, fires,
natural disasters, automobile accidents, or other similar circumstances.
Any privately owned place of business operated for profit,
including any place of amusement or entertainment, to which the public
is invited.
Any person less than 18 years of age. For the purpose of
this article, any person shall be deemed to be 18 years of age on
the date of his or her 18th birthday and not before this time.
Any individual, firm, association, partnership, or corporation
owning, operating, managing, or conducting any establishment. Whenever
used in any provision prescribing a penalty, the word "operator" shall
include the members, partners, officers, and managers of any firm,
association, partnership, or corporation.
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or over and who is authorized by
a minor's parent or legal guardian to be responsible, either
temporarily or permanently, for the custody or care of any minor or
for the control of such minor.
Any public street, highway, road, alley, park, playground,
vacant lot, or any private building, structure or area to which the
public is invited or in which the public is allowed to remain.
To be at or stay at a place.
It shall be unlawful for a minor to remain in or upon any public
place or to remain in any motor vehicle operating or parked therein
or thereon or to remain in or upon an establishment in Manheim Township
after hours, except as follows:
A.
The minor is accompanied by a parent; or
B.
The minor is involved in an emergency; or
C.
The minor is engaged in an activity related to his or her employment
or is going to or returning home from such activity without detour
or stop; or
D.
The minor is on the sidewalk directly abutting a place where he or
she resides with a parent; or
E.
The minor is attending an activity sponsored by a school, religious,
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without
detour or stop; or
F.
The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing signed by the parent containing
the following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, a brief description of the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand;
or
G.
The minor is involved in interstate travel through or beginning or
terminating in Manheim Township; or
H.
The minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech, and the right of assembly.
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under § 208-8 of this article. “Knowingly” shall mean knows or has reason to know.
No operator of an establishment shall knowingly permit any minor
to remain upon the premises of such establishment after hours.
The Chief of Police is hereby authorized from time to time to
promulgate such rules and regulations, including the extension of
hours for special occasions, as in his or her opinion shall be necessary
or useful in the enforcement of this article. Such rules and regulations
shall, however, be subject to the approval of the Board of Commissioners
of Manheim Township.
Each violation of the provisions of this article shall constitute
a separate offense.
Before taking any enforcement action under this section, a police
officer shall ask the apparent offender's age and reason for
being in the public place. The officer shall not issue a citation
or make an arrest under this section unless the officer reasonably
believes that an offense has occurred and that, based on any response
and other circumstances, no exception set forth in this section applies.
A.
Any minor or parent who violates the provisions of this article for
the first time shall be issued a warning. The minor shall be taken
into temporary custody; his or her parents shall be notified, and
the minor shall be released into the custody of the appropriate parent
or parents of the minor. If such parent is not available, in the discretion
of the officer in charge, the minor may be released to a relative
by blood or marriage over the age of 18 or to the parents of any other
minor detained for the same curfew violation. If no such person is
available after reasonable efforts have been made to locate such person,
then the minor shall be released to such agencies or institutions
as are established for juvenile welfare.
B.
Any minor or parent who violates any provisions of this article a
second or subsequent times is guilty of a summary offense and, upon
conviction thereof, shall be subject to fine or imprisonment.
C.
Any operator convicted of violating the provisions of this article
for the first time shall be fined $50 and shall be subject to imprisonment
for a term not to exceed 90 days. Any operator convicted of violating
the provisions of this article for the second or subsequent time shall
be fined $300 and shall be subject to imprisonment for a term not
to exceed 90 days.
This article and the need for it shall be reviewed annually.
By November 1, 2001, and each year thereafter, the Chief of Police
of the Township shall review this article and report and make recommendations
to the Township Commissioners concerning the effectiveness of and
the continuing need for this article. The report shall include, but
not be limited to, the following information:
A.
The practicality of enforcing the article and any problems with enforcement
identified by the Township Police Department.
B.
The impact of this article and support programs on juvenile crime
statistics and the public perception of juvenile crime and victimization.
C.
Number of juveniles taken into custody for curfew violations.
D.
Number of official citizen complaints filed regarding the enforcement
of this article.
