[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used
in this Part, the following terms shall have the meanings indicated,
unless a different meaning clearly appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Township of Harrison.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets, for emergencies or ordinary purposes such as
mere passage of going home.
2.
In this
Part, the singular shall include the plural, the plural shall include
the singular; and the masculine shall include the feminine and the
neuter.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
This is a Curfew Ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night, for the protection of younger children in the Township of
Harrison from each other and from other persons on the streets during
nighttime hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief 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.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
It shall be unlawful for any minor to be or remain in or upon
any public highway, park or other public place within the Township,
or in any enclosure or vehicle which is on or in close proximity to
any such public place within the Township, between the hours of midnight
(12:01 a.m.) and 5:00 a.m. on the following day. Exceptions to the
above are the following:
A.
Minor accompanied by parent, guardian, or other person having legal
care or custody of such minor;
B.
Minor possessing a written statement dated that day and signed by
parent, guardian, or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Part.
C.
Minor lawfully employed making it necessary to be on or in highways,
streets, parks, etc., as stated above and possessing a current letter
certifying the same and signed by employer, parent or guardian.
D.
Minor on an emergency errand.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
It is hereby made unlawful for any parent, guardian, or the
person having the legal care or custody of a minor to allow or permit
such minor to violate any of the provisions of this Part without legal
justification therefor.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
Any minor found upon the streets, alleys, parks or public places
within the Township of Harrison in violation of § 102 shall
be taken into custody by the Township police or legally deputized
individual, be delivered to his parent(s), guardian, or person having
the legal custody of said minor, and be given a copy of this Part.
A report shall be filed and kept in a book for that specific purpose.
If said parent, guardian or person having the legal custody of said
minor shall again allow him to be on the streets, alleys, parks or
public places in violation of § 102, said parent, guardian,
or person having the legal custody of said minor so offending shall,
upon the second offense, be called along with offender and be so advised
once again as to the penalty provisions contained in this Part. Upon
the third violation, said parent, guardian or person will be remanded
to the district justice for disposition.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$300, and/or to imprisonment for a term not to exceed 90 days.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
Any minor who shall violate this Part more than three times
may, at the discretion of the proper Township officials, be reported
to a society or organization the purpose of which is to take charge
of incorrigibles and delinquents, and proceedings shall then be taken
in the proper court for the permanent welfare of such minor and a
like procedure may be taken in cases where the arrest of the parent
is not effective, or where for any other reason the provisions of
§ 102 of this Part cannot be made effective by the imposition
of fines and penalties.
[Res. 1425, 4/19/1971; as revised by Ord. 1782, 2/16/1987]
The police officers of the Township in taking minors into custody
shall use their discretion in determining age and in doubtful cases
may require positive proof of age. Until such proof is furnished,
the officer's judgment shall prevail.
