[HISTORY: Adopted by the Borough Council of the Borough of Souderton 8-21-1995 by Ord. No. 588 (Ch. 43 of the 1972 Code). Amendments noted where applicable.]
The following words, when used in this chapter, shall have the meanings ascribed herein, except where the context clearly indicates otherwise:
CHILD
A natural person being under the age of 18 years.
CUSTODIAN
Any person over the age of 18 years, having a duty to provide for the care, protection or support of a child, or any person acting in loco parentis of a child.
ESTABLISHMENT
Any privately owned place of business to which the general public has access by a right, perceived right or custom or invitation, carried on for profit, or any other place devoted to business, commerce, amusement or entertainment of or for the general public.
GUARDIAN
Any person, other than a parent, having a duty to provide for the care, protection or support of a child.
OPERATOR
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 or corporations, shall include the members or partners or officers thereof.
PARENT
A natural parent or adoptive parent or court-appointed/approved foster parent, or state- or county-agency-authorized foster parent or other person having a duty to provide for the care, protection or support of a child.
POLICE OFFICER
A duly appointed and sworn member of the Borough of Souderton Police Department, having been vested with the powers of a police officer as permitted by law.
PREVAILING TIME
Eastern standard time or eastern daylight saving time, whichever is in use by custom, rule, regulation or law as expressed in either a.m./p.m. terms or the twenty-four-hour clock (military time).
PUBLIC PLACE
Includes but is not limited to any street, highway, road, alley, sidewalk, public building, park, playground (or contiguous grounds), vacant lot, open space or place to which the general public has access because of a right, perceived right or custom, or invitation.
REMAIN
To occupy, to loiter, to idle, to wander, to stroll or play in or upon.
[Amended 4-7-2003 by Ord. No. 637]
A. 
It shall be unlawful for any child under 18 years of age to remain in any public place or establishment after 12:00 midnight (2400 hours) prevailing time, and before 5:00 a.m. (0500 hours) prevailing time.
B. 
The provisions of this section shall not apply if any of the exceptions stated in § 277-5 of this chapter exist.
C. 
Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in § 277-7 of this chapter.
[Amended 4-7-2003 by Ord. No. 637]
A. 
It shall be unlawful for any parent, guardian or custodian to allow or permit any child under 18 years of age to remain in any public place or establishment after 12:00 midnight (2400 hours) prevailing time and before 5:00 a.m. (0500 hours) prevailing time.
B. 
The provisions of this section shall not apply if any of the exceptions stated in § 277-5 of this chapter exist.
C. 
Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in § 277-7 of this chapter.
D. 
It shall be the responsibility of the parent, guardian or custodian to immediately take custody of his or her child upon notice of a violation by the Souderton Borough Police.
[Amended 4-7-2003 by Ord. No. 637]
A. 
It shall be unlawful for any operator to allow or to permit any child under the age of 18 years to remain in any public place or establishment after 12:00 midnight (2400 hours) prevailing time and before 5:00 a.m. (0500 hours) prevailing time.
B. 
The provisions of this section shall not apply if any exceptions stated in § 277-5 exist.
C. 
Each violation of the provisions of this section shall constitute a separate offense.
Any child found in apparent violation of this chapter, meeting any one of the following listed exceptions, shall be exempt from the provisions of § 277-6 (where applicable) and § 277-7 of this chapter:
A. 
Any time when the child is in actual accompaniment by a parent, guardian or custodian.
B. 
During any emergency activity authorized by the parent, guardian or custodian of said child, as long as the special conditions listed in Subsection E are met.
C. 
When engaged in employment activities by said child, as long as the special conditions listed in Subsection E are met.
D. 
During attendance of special activities/functions, as authorized by a parent, guardian or custodian as long as the special conditions listed in Subsection E are met.
E. 
The following special conditions, where applicable, must be met by the child and parent, guardian or custodian, or employer, or other person(s) as authorized in any federal/state/local statute or ordinance:
(1) 
When a child is found in apparent violation of any of the provisions of this chapter while carrying written permission of the parent, guardian or custodian, stating the date, time and reason to exempt said child from the provisions of § 277-7 of this chapter.
(2) 
When a child is found in apparent violation of any provision of this chapter while carrying actual written authorization from an employer, or other person as authorized by any federal/state/local statute or ordinance, indicating that said child is necessary to the function of that business during the time frame regulated by this chapter.
(3) 
When a child is found in apparent violation of any provision of this chapter during any declared national, state or local state of emergency when said child is supporting relief efforts of the state of emergency.
(4) 
When the child is in accordance with any provision as authorized by any federal/state/local statute or ordinance.
(5) 
When advance notice is given to the Souderton Borough Police Department, in writing, by any agency or quasi agency of any governmental body, indicating the names and addresses of any children residing within the jurisdiction of the Souderton Borough Police Department who may be found in violation of any provision of this chapter during the activity time specified in that advance notice.
(6) 
Each violation of the provisions of this section shall constitute a separate offense subject to the provisions of § 277-7 of this chapter.
F. 
The minor is exercising First Amendment rights protected by the Constitution, such as free exercise of religion, freedom of speech and the right of assembly, provided that the minor first has given notice to the Chief of Police of the Borough by delivering a written communication, signed by the minor and countersigned, if practical, by a parent of the minor, which specifies when, where and in what manner and for what First Amendment purpose the minor will be on the street that night during the curfew time period.
G. 
Any time the child is involved in bona-fide interstate travel through Souderton Borough.
A police officer enforcing any provision of this chapter may employ any one or all of the following provisions of this section:
A. 
A police officer shall stop and identify any person(s) suspected of violating any provisions of this chapter.
B. 
A police department representative may either, by oral communication or by written communication, notify the parent, guardian or custodian of said child found in violation of any provision of this chapter.
C. 
A police officer shall detain and identify any child found in violation of any provision of this chapter.
D. 
If a parent or guardian or custodian cannot be located, then the police officer shall transfer custody of the child as specified in the current applicable Pennsylvania State statutes and/or appropriate Souderton Borough Police Department regulations relating to shelter care.
E. 
A record of any violation by any person of any provision of this chapter shall be maintained by the Souderton Borough Police Department.
Notwithstanding the provisions of § 277-6 of this chapter, the following penalty, as appropriate, shall be imposed for any violation of any provision of this chapter:
A. 
A child offender's first violation shall result in a written warning.
B. 
A child offender's second and subsequent violation shall constitute a summary offense, and a minimum fine of $25 up to a maximum fine of $600 plus court costs may be imposed and/or any other penalty allowed by law.
C. 
A parent or guardian's first violation shall result in a written warning.
D. 
A parent or guardian's second and subsequent violation shall constitute a summary offense, and a minimum fine of $25 up to a maximum fine of $600 plus court costs may be imposed and/or any other penalty allowed by law.
E. 
An operator's first offense shall result in a written warning.
F. 
An operator's second and subsequent offense shall constitute a summary offense, and a minimum fine of $25 up to a maximum fine of $600 plus court costs may be imposed and/or any other penalty allowed by law.
A. 
Any police officers enforcing any provisions of this chapter may require positive proof of age by any person(s) in apparent violation of any provisions of this chapter.
B. 
Any police officer, when enforcing any provisions of this chapter where positive proof of age has not been furnished by any alleged violator, shall use his/her discretion in determining age, and, until positive proof has been furnished, the officer's judgment/discretion shall prevail.