[HISTORY: Adopted by the Borough Council of the Borough of
Penndel 11-4-2013 by Ord. No. 2013-3. Amendments noted where applicable.]
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:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
The time prevailing in the Borough of Penndel.
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.
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.
Any public street, highway, road, park, playground, public
building, vacant lot or parking areas open to the general public.
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.
