[HISTORY: Adopted by the Council of the Borough of Lansdale 12-3-1986 by Ord. No. 1351; amended in its entirety 4-15-1987 by Ord. No. 1361 (Ch. 55 of the 1972 Code). Amendments noted where applicable.]
Graffiti — See Ch. 222.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
As used in this chapter, the following terms shall have the meanings indicated:
- The Borough of Lansdale.
- Any person over the age of 18 who is in loco parentis to a juvenile.
- Any person, other than a parent, who has legal guardianship of a minor.
- Any person under the age of 18.
- The natural guardian or adoptive parent of a minor.
- PUBLIC PLACE
- Any street, alley, highway, sidewalk, park, playground or place to which the general public has access and a right to resort for business, entertainment or other lawful purpose. A "public place" shall include but not be limited to any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, poolroom, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.
It shall be unlawful for any minor to remain, idle, wander, stroll or play in any public place either on foot or to cruise without a set destination in any vehicle in, about or upon any place in the Borough between the hours of curfew as set forth in Subsection B of this section.
Hours of curfew shall be as follows: between Sunday 10:00 p.m. and Monday 5:00 a.m., between Monday 10:00 p.m. and Tuesday 5:00 a.m., between Tuesday 10:00 p.m. and Wednesday 5:00 a.m., between Wednesday 10:00 p.m. and Thursday 5:00 a.m., between Thursday 10:00 p.m. and Friday 5:00 a.m., between Saturday 12:00 midnight and Saturday 5:00 a.m. and between Sunday 12:00 midnight and Sunday 5:00 a.m. Notwithstanding anything in this subsection to the contrary, in the event that the day prior to a national holiday shall fall on a Sunday, Monday, Tuesday, Wednesday or Thursday, the beginning of the curfew hours for that day prior to a national holiday shall be set back from 10:00 p.m. of that day to 12:00 midnight of the national holiday.
It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit or suffer the presence of minors under the age of 18 between the hours of curfew as set forth in § 165-2B of this chapter.
It shall be unlawful for the parent, guardian or other adult person having custody or control of any minor under the age of 18 to suffer or permit or, by inefficient control, to allow such person to be on the streets or sidewalks or on or in any public property or public place within the Borough between the hours of curfew as set forth in § 165-2B of this chapter. However, the provisions of this section do not apply to a minor accompanied by his parent guardian, custodian or other adult person having the care, custody or control of the minor or if the minor is on an emergency errand or specific business or activity directed by his parent, guardian, custodian or other adult having the care and custody of the minor.
Any minor attending a special function or entertainment of any church, school or club or an event sanctioned by the Borough of Lansdale Parks Department or other organization that requires such minor to be out at a later hour than that called for shall be exempt from the provisions of § 165-2 of this chapter, provided that the church, school, club or other organization shall register in advance with the Chief of Police or his designate to have the minors stay out to this later hour. The registrant shall state the time that the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.
Any police officer, upon finding a minor in violation of § 165-2, shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode.
If such minor refuses to heed such warning or direction by any police officer or refuses to give such police officer his correct name and address or if the minor has been warned on a pervious occasion that he or she is in violation of curfew, he or she shall be taken to the Police Department, and the parent, guardian or other adult person having the care and custody of such minor shall be notified to come and take charge of the minor. If the parent, guardian or other adult person above cannot be located or fails to come and take charge of the minor, the minor shall be released to the juvenile authorities.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough lockup for a period not exceeding 10 days or to the county jail for a period not exceeding 30 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.