[HISTORY: Adopted by the Board of Supervisors of the Township
of Silver Spring 7-24-1997 by Ord. No. 97-2. Amendments noted where
applicable.]
This chapter shall be known and may be cited as "The Silver
Spring Township Curfew Ordinance."
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
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.
Any person under the age of 18 years.
The then-prevailing Eastern standard time or Eastern daylight
saving time when the Commonwealth of Pennsylvania adopts or uses such
time.
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.
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.
Any public street, highway, road, alley, park, playground,
public building, parking lot, vacant lot or other place open to the
public.
To be on, in or about or to loiter, idle, wander, stroll
or play in or upon.
The Township of Silver Spring, located in Cumberland County,
Pennsylvania.
A.
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.
B.
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.
C.
Each violation of this section shall constitute a separate offense.
A.
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.
B.
The provisions of this section shall not apply where the minor's activity is excepted under the provisions of § 161-3B of this chapter.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
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.
B.
The provisions of this section shall not apply where the minor's activity is excepted under § 161-3B of this chapter.
C.
Each violation of the provisions of this section shall constitute
a separate violation.
A.
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)]
B.
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.
