Township of Silver Spring, PA Curfew

Includes actual knowledge and knowledge which a parent should reasonably be expected to have concerning the whereabouts of a minor in that parent's legal custody.

MINOR

Any person under the age of 18 years.

OFFICIAL TOWNSHIP TIME

The then-prevailing Eastern standard time or Eastern daylight saving time when the Commonwealth of Pennsylvania adopts or uses such time.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the term "operator" as applied to associations or partnerships shall include the members or partners thereof and, as applied to corporations, shall include the officers thereof.

PARENT

Any person having legal custody of a minor under the following circumstances: as a natural or adoptive parent; as a legal guardian; as a person who stands in loco parentis, or as a person to whom legal custody has been awarded by order of court.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building, parking lot, vacant lot or other place open to the public.

REMAIN

To be on, in or about or to loiter, idle, wander, stroll or play in or upon.

TOWNSHIP

The Township of Silver Spring, located in Cumberland County, Pennsylvania.

§ 161-3 Unlawful conduct of minors; exceptions.

It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 5:00 a.m. of the following day, official Township time.

The provisions of this section shall not apply under the following conditions:

(1)

When the minor is accompanied by a parent.

(2)

When the minor is upon an errand or legitimate purpose or business directed by such minor's parent.

(3)

When the minor is engaged in lawful employment.

(4)

When the minor is attending or going directly to or returning from a juvenile activity of a charitable, educational, religious, social or civic activity supervised by at least one adult and with the express verbal or written consent of the parent.

(5)

When the minor is in the company of any adult over the age of 18 with the express verbal or written consent of the parent.

(6)

When the minor is exercising First Amendment rights protected by the United States Constitution and the Constitution of the Commonwealth of Pennsylvania, such as the free exercise of religion, freedom of speech and the right of assembly.

(7)

When the minor is excused by reason of the action of the Board of Township Supervisors of Silver Spring Township. Said Board of Township Supervisors may, by written declaration upon application or upon the Board's own decision by motion and resolution, declare special events, programs or functions by properly organized and supervised organizations advancing legitimate recreation, charitable, educational, religious, social or civic, or organizations advancing recreation, character development, or training in the aforementioned areas, and promoting the building of good citizenship in young people, and the attendance and movement directly to and from such events by minors, exempt from the provisions of this chapter.

Each violation of this section shall constitute a separate offense.

§ 161-4 Unlawful conduct of parents.

It shall be unlawful for any parent knowingly to allow or permit or, having reason to know, to allow or permit any minor to remain in or upon any public place or any establishment in the Township between the hours set forth in this chapter.

The provisions of this section shall not apply where the minor's activity is excepted under the provisions of § 161-3B of this chapter.

Each violation of the provisions of this section shall constitute a separate offense.

§ 161-5 Unlawful conduct of owners or operators of establishments.

It shall be unlawful for any operator of any establishment within this Township or their agents or employees knowingly to allow or permit or, having reason to know, to allow or permit any minor to remain upon the premises of such establishment between the hours set forth in this chapter.

The provisions of this section shall not apply where the minor's activity is excepted under § 161-3B of this chapter.

Each violation of the provisions of this section shall constitute a separate violation.

§ 161-6 Violations and penalties.

Any person who shall violate § 161-3, 161-4 or 161-5 of this chapter shall be liable, upon summary conviction for the first offense and upon summary conviction for each subsequent offense, to a fine not less than $50 nor more than $300, together with the costs of prosecution, in each case. Each day that a violation shall continue shall be deemed to be a separate offense and shall be punishable as such. The fines and costs imposed under the provisions of this chapter shall be enforceable and recoverable in the manner and at the time provided by applicable law.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Upon judgment upon any person by summary conviction, or by proceedings by summons on default of the payment of the fine and penalty imposed and the costs, such person may be sentenced and committed to the jail of Cumberland County for a period not exceeding 30 days.