[Ord. 1988-9, 11/22/1988, § 1]
The purpose of this Part is to prescribe, in accordance with
prevailing community standards, regulations for the conduct of minors
on streets or public places at night, for the protection of younger
children in Manchester Township from each other and from other persons
on the streets during nighttime hours, for the enforcement of parental
control and responsibility for their children, for the protection
of the public from nocturnal mischief by minors and for the reduction
of the incidence of juvenile criminal activity, for the furtherance
of family responsibility and for the promotion of the public good,
health, safety and welfare of the residents of Manchester Township.
[Ord. 1988-9, 11/22/1988, § 2; as amended by Ord.
1992-8, 7/14/1992, §§ 1, 2]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
A person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian
or any adult person responsible for the care and custody of a minor.
When used in this Part "parent" shall mean one or both parents.
Any public or private street, alley, sidewalk, park, playground,
public building or vacant lot or in a parked vehicle at any of said
locations in this Township.
To stay behind, to tarry and to stay unnecessarily in or
upon a public place, as herein defined, including the congregation
of groups or otherwise interacting minors totaling four or more persons
in which any minor is not using the public place for emergency or
ordinary and immediate educational, political, religious or business
purposes.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Ord. 1988-9, 11/22/1988, § 3; as amended by Ord.
1992-8, 7/14/1992, § 3]
1.
It shall be unlawful for any minor to remain in or upon any public
place within this Township between the hours of 12:00 a.m. and 5:00
a.m., prevailing time, except as follows:
A.
A minor
accompanied by a parent, guardian or other person having legal care
or custody of such minor.
B.
A minor lawfully employed making it necessary for him to be on or
in a public place and possessing a letter dated not more than 30 days
prior to the date of presentation, certifying the same, signed by
an employer or parent.
C.
A minor on an emergency errand.
[Ord. 1988-9, 11/22/1988, § 4]
It shall be unlawful for any parent, guardian or person having
legal care or custody of a minor to allow or permit such minor to
violate the provisions of this Part without legal justification therefor.
[Ord. 1988-9, 11/22/1988, § 5; as amended by Ord.
1997-2, 3/11/1997, § 2; and by Ord. 2002-01, 1/7/2002]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice in the manner provided for the enforcement of summary
offenses under the Pennsylvania Rules of Criminal Procedure, shall
be sentenced to pay a fine of not more than $1,000 plus costs and,
in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this Part continues
or each section of this Part which shall be found to have been violated
shall constitute a separate offense.
[Ord. 1988-9, 1/22/1988, § 7]
Police officers in taking minors into custody shall use their
discretion in determining age and in doubtful cases may require positive
proof of age. Until such proof is furnished, the judgment of the police
officer shall prevail.
[Ord. 1988-9, 1/22/1988; as added by Ord. 1992-8, 7/14/1992,
§ 4]
In addition, an investigating officer may initiate proceedings
under the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq., as
amended, from time to time, against offending juveniles when appropriate
under that Act.
