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 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.
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 11:00
p.m. and 6:00 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
chapter.
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.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B above.
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 chapter without legal
justification therefor.
Any minor found upon the streets, alleys, parks or public places
within the Township in violation of the provisions of this chapter
may be taken into custody by the Township police or legally deputized
individual, to be delivered to his/her parents, guardian or person
having the legal custody of said minor. Both minor and parent, guardian
or person having the legal custody may be advised as to the penalty
provisions contained in this chapter, and may be cited for the violation
if deemed appropriate by the Township police or legally deputized
individual enforcing this chapter. A report shall be filed with the
Police Department and the names of the violators will be maintained
in the police computer for reference in subsequent offenses.
Any minor who shall violate this chapter 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
this chapter cannot be made effective by the imposition of fines and
penalties.
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.
Any minor or parent who shall violate any provision of this
chapter as a first offender shall be given a warning by the Township
Police Department, which warning shall inform the minor and parent
that a subsequent violation of this chapter will result in a criminal
prosecution being filed against the minor or parent, or both. A copy
of this chapter shall accompany the warning issued by the Township
Police Department. Any minor or parent who shall violate any provision
of this chapter as a second or subsequent offender shall, upon conviction
thereof, be sentenced to pay a fine of not more than $600 and costs
and, in default of payment, to undergo imprisonment for a term not
to exceed 30 days. All prosecutions shall be brought before the District
Justice having jurisdiction of summary violations that occur in West
Manchester Township.