[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 9-18-1973 by Ord. No. 73-10 (Ch. 6, Part 2, of the
1991 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known as and may be cited as the "Fairview
Township Curfew Ordinance".
For the purposes of this chapter, the following words shall
have the meaning ascribed to them in this section, except where the
context in which the word is used clearly indicates otherwise:
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern Standard Time, except during those months when Eastern
Daylight Saving Time is observed in the Township of Fairview.
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 natural parent, guardian or other person having the legal
care of or custody of a minor.
Any public street, highway, road, alley, park, playground,
wharf, dock, public building or vacant lot.
To loiter, idle, wander, stroll or play in or upon.
It shall be unlawful for any minor to be or remain in or upon
any public place or any establishment between the hours of 11:00 p.m.
and 6:00 a.m. of the following day, Official Township time, except
as follows:
A.
On Friday, the time prohibited shall be between the hours of Friday
at midnight (12:00 a.m.) and 6:00 a.m., Saturday morning, prevailing
time;
[Amended 9-29-2014 by Ord. No. 2014-10]
B.
On Saturday, the time prohibited shall be between the hours of Saturday
at midnight (12:00 a.m.) and 6:00 a.m., Sunday morning, prevailing
time;
[Amended 9-29-2014 by Ord. No. 2014-10]
C.
When said minor is accompanied by a parent;
D.
When said minor is engaged in gainful and lawful employment during
said time prohibited, or traveling to or from such employment.
It shall be unlawful for any parent to allow or permit any minor to remain in or upon any public place or any establishment during the time prohibited in § 117-3 of this chapter, except as therein provided.
It shall be unlawful for any operator of an establishment, or the servants, agents or employees of such operator, to allow or permit any minor to remain in or upon the premises of said establishment during the time prohibited in § 117-3 of this chapter, except as therein provided.
Any police officer who finds a minor violating any of the provisions
of this chapter shall obtain information from such minor as to his
or her name, address and age and the name and address of his or her
parent or parents, instruct such minor to proceed to his or her home
immediately, and make report of the same to the Chief of Police who
shall maintain a record thereof.
[Amended 4-26-1989 by Ord. No. 89-3; 5-14-1991 by Ord. No. 91-2; 8-13-1996 by Ord. No. 96-5; 3-27-1997 by Ord. No. 97-2; 9-29-2014 by Ord. No. 2014-10]
Any person who or which has violated or permitted the violation
of the provisions of this chapter shall be subject to a summary criminal
proceeding before the Magisterial District Judge as provided by the
Pennsylvania Rules of Criminal Procedure, as may be amended from time
to time. Upon a finding of a violation hereunder, a fine of not more
than $1,000, plus the costs of prosecution, including court costs
and reasonable attorney fees incurred by the Township to prosecute
the violation, shall be imposed, and such person may be subject to
imprisonment of up to 30 days in the event such fines and costs are
unpaid. Each day that such violation(s) continue shall constitute
a separate offense of this chapter.
