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Borough of Penndel, PA
Bucks County
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[HISTORY: Adopted by the Borough Council of the Borough of Penndel 11-4-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
GENERAL REFERENCES
Disorderly conduct — See Ch. 172.
Parks and recreation areas — See Ch. 273.
The Penndel Borough Council finds that:
A. 
An emergency has been created by a substantial increase in the number and in the seriousness of crimes committed by minors against persons and property within the Borough, and this has created a menace to the preservation of public peace, safety, health, morals and welfare.
B. 
The increase in juvenile delinquency has been caused in part by the large numbers of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision.
C. 
The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors.
As used in this chapter, the following terms shall have the meanings indicated:
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL TIME
The time prevailing in the Borough of Penndel.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. 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 a corporation, shall include the officers thereof.
PARENT
Any natural parent of a minor, a guardian or any adult person 21 years of age or older responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, park, playground, public building, vacant lot or parking areas open to the general public.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
A. 
No minor shall remain in or upon any public place or any establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
B. 
The provisions of this section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legitimate business directed by such minor's parent or to any minor who is engaged in gainful lawful employment during curfew hours.
A. 
No parent shall knowingly permit any minor to remain in or upon any public place or any establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
B. 
The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business or to any parent of a minor engaged in gainful lawful employment during curfew hours.
No operator of an establishment or his agent or employee shall knowingly permit any minor to remain upon the premises of said establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, official time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00 a.m.
A. 
Any police officer who finds a minor violating this chapter shall obtain the information from such a minor that is required in order to issue a citation to the minor. The minor shall thereupon be instructed to proceed to his home forthwith. A copy of the citation and written notice shall be mailed, certified mail, return receipt requested, to the parent, guardian or custodian of the minor by the Chief of Police of Penndel Borough advising of the violation.
B. 
If the minor fails to heed the direction of a police officer to proceed to his home forthwith, the minor shall be taken to the Police Department and the parent, guardian, or custodian of such minor shall be notified to come and take charge of the minor. If the parent, custodian or guardian cannot be located or fails to come and take charge of the minor, the Juvenile Authorities shall be contacted to determine the further disposition of the minor.
C. 
If a person suspected of violating this chapter refuses to satisfactorily identify himself to a Police Officer, that person shall be taken to the Police Department where the Police shall attempt to identify the suspect. If it is determined the suspect is a minor, then the parent, guardian or custodian of such minor shall be notified to come and take charge of the minor. If the parent, guardian or custodian cannot be located or fails to come and take charge of the minor, the Juvenile Authorities shall be contacted and determine the further disposition of the minor.
D. 
The parents, guardians or custodian of any minor who violates this chapter shall be subject to:
(1) 
First offense. A written notice shall be sent certified mail, return receipt requested, to the parent, guardian or custodian of the minor advising of the violation of this chapter and advising of the possible penalties if the violation occurs again.
(2) 
Second offense. Any parent, guardian or custodian of the said minor who violates any provision of this chapter within one year after having first received notice of a prior violation shall be fined $25.
(3) 
Subsequent offenses. The fine for each subsequent offense occurring within one year of a prior offense shall be increased by $25 up to a maximum of $300.
(4) 
Each violation of this chapter shall constitute a separate offense.