[HISTORY: Adopted by the Township Council of the Township
of Eastampton 10-28-1980 by Ord. No. 1980-11 (Ch. 41 of the 1974
Township Code); amended in its entirety at time of adoption of Code
(see Ch. 1, General Provisions, Art. I). Subsequent amendments noted
where applicable.]
As used in this chapter, the following definitions will apply:
An activity that is sponsored by a federal, state, county
or local government body or agency or an organization that is devoted
to providing various public services to its citizens and/or facilitating
public discussion and dissemination of information relating to the
rights, obligations and responsibilities of the various branches of
government and the citizens of the government.
A live performance that is devoted to the public exposition
of a work of art, music or literature, including exhibitions, plays
and other theatrical performances, concerts and similar exhibitions
performed at theaters, arenas, stadiums and educational institutions.
An event that is outside the regular curriculum or program
of courses of study, including athletic, cultural and other events
of official school clubs and organizations.
A person, other than a parent, to whom legal custody of the
juvenile has been given by court order or who is acting in the place
of the parent or is responsible for the care and welfare of the juvenile.
An individual who is under the age of 18 years.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. This term shall include, but
not be limited to, a fire, natural disaster, vehicular accident or
a serious medical condition of a sudden onset.
The natural mother or father or adopted mother or father
of the juvenile.
Any place to which the public has access, including, but
not limited to, a public street, road, thoroughfare, sidewalk, bridge,
alley, plaza, park, recreation or shopping area, public transportation
facility, vehicle used for public transportation, parking lot or any
other public building, structure or area.
An activity consisting of a gathering or party or similar
event given by an organized group within the community, such as a
church, school, cultural, civic, or government organization.
A.Â
It shall
be unlawful for any juvenile to be on or remain on or upon any public
place within the Township between the hours of 10:00 p.m. and 6:00
a.m., unless accompanied by the juvenile's parent or guardian.
B.Â
It shall
be unlawful for a juvenile to be on or remain on or upon any public
place within the Township from October 28 through November 2, inclusive,
of each calendar year between the hours of 8:00 p.m. and 6:00 a.m.,
unless accompanied by the juvenile's parent or guardian.
The juvenile and/or the parent or guardian of the juvenile shall
not be considered to be in violation of this chapter under the following
circumstances:
A.Â
The juvenile
is accompanied by his parent or guardian.
B.Â
The juvenile
is accompanied by an adult designated by his parent or guardian.
C.Â
The juvenile
is on an errand made necessary by a medical or other emergency.
D.Â
The juvenile
is attending a cultural, civic/government, extracurricular school
or social event and/or an event sponsored by a religious organization
or was traveling to or from such events.
E.Â
The juvenile
is engaged in a lawful employment activity or is going to or coming
from that lawful employment activity.
F.Â
The juvenile
is engaged in the performance of a specific errand at the direction
of the parent or guardian of the juvenile.
G.Â
The juvenile
is going to or coming from a visit with relatives of the juvenile
with the specific permission and direction of his parent or guardian.
H.Â
The juvenile
is going to or returning from participation in an athletic, cultural,
civic/government, extracurricular, social or religious event sponsored
by a private organization not specifically set forth above with the
express direction and permission of his parent or guardian.
A.Â
If a police officer reasonably believes that a juvenile is in a public
place in violation of this chapter, the officer shall so advise the
juvenile and take the juvenile into custody. The juvenile shall then
provide his name, age, address and telephone number and advise the
officer of information to allow the officer to contact his parent
or guardian. The juvenile shall then be taken to the police station,
and the parent or guardian shall immediately be notified to come to
the station to take custody of the juvenile. If the parent or guardian
cannot be located or fails to take custody of the juvenile, the juvenile
shall then be released to the appropriate juvenile law enforcement
authority or, in appropriate cases, he may be entrusted to an adult
neighbor or other adult person who will, on behalf of the parent or
guardian, assume responsibility for the juvenile. Within 24 hours
of the violation, the police officer who is responsible for taking
the juvenile into custody shall file a written report in a form prescribed
by the Chief of Police.
B.Â
In the case of the first violation by a juvenile, the Chief of Police
or his designee shall send to a parent or guardian written notice
of the first violation by certified mail, return receipt requested.
The notice shall advise the parent or guardian that there are no penalties
for first offenses but that any subsequent violation will result in
the imposition of monetary or other penalties upon the juvenile and
possibly the parent or guardian. This notice shall state that a subsequent
violation will require the performance of community service by the
juvenile and, in the event that the juvenile's parent or guardian
violates this chapter, he or she shall also be required to perform
that community service together with the juvenile.
A.Â
In the event of a subsequent violation after the warning notice is
provided as set forth above, a conviction shall require the performance
of community service by the juvenile. If both the juvenile and the
juvenile's parent or guardian are convicted of the violation
of this chapter, they shall be required to perform community service
together. This community service requirement shall also apply to any
second and subsequent offenses as well.
B.Â
In the event of a conviction for a first offense, a fine of $100
shall be imposed. For a second offense, a fine of $150 shall be imposed.
For each subsequent offense, the fine shall be increased by an additional
sum of $50, with the amount not to exceed $1,000.
