[Ord. 226, 12/11/2007, § 1]
This Part shall be known as the "Old Lycoming Township Curfew
Ordinance."
[Ord. 226, 12/11/2007, § 2]
Old Lycoming Township recognizes that there is a health, safety
and welfare concern relating to crimes committed against and by minors
during nighttime hours. The Township believes that this problem can
be effectively dealt with by regulating the hours during which minors
are permitted to remain in public areas and establishments without
direct supervision of an adult, and also by defining the duties and
responsibilities of those who have custody, control or care of such
minors.
[Ord. 226, 12/11/2007, § 3]
EMERGENCY
Unforeseen circumstances, or the status or condition resulting
there from, requiring immediate action to safeguard life or property.
ESTABLISHMENT
Any privately owned place of business operated for profit
to which the public is invited. With respect to such establishment,
the term "operator" shall mean any person, firm association, partnership,
corporation, and the like, conducting the business of or managing
that establishment.
MINOR
Any person under 18 years of age who has not been emancipated
as an adult under Pennsylvania law.
PARENT
Any adult person who is:
A.
A minor's biological or adoptive parent who has legal and/or
physical custody of a minor.
B.
A minor's court appointed guardian.
C.
An adult who is authorized by a parent or court appointed guardian
to have custody and/or care of a minor.
PUBLIC PLACE
Any place to which the public or a group of the public has
access including, but not limited to, streets, highways, roads, sidewalks,
alleys, avenues, parks, stores, shops, office buildings, apartments,
hospitals, common areas of school and transportation facilities.
REMAIN
Refers to the following actions:
A.
To linger or to stay at or upon a place.
B.
To fail to leave a place when requested to do so by a law enforcement
officer, by an owner, an operator or other person in control of that
place.
STREET
A way or place, of whatever nature, open to use by the public
as a matter of right for purposes of vehicular travel, or in the case
of a sidewalk, for pedestrian travel. This includes the legal right-of-way,
curb way, traffic lanes, curbs, paved or unpaved and any and all other
plots or grounds found within the legal right-of-way. The term "street"
is included irrespective of what it is called such as alley, avenue,
court, road, drive, or otherwise.
[Ord. 226, 12/11/2007, § 4]
1. It shall be unlawful for any minor to be or remain upon any public
place, street or establishment between the hours of 11:00 p.m. and
5:00 a.m.
2. It shall be unlawful for a parent, guardian or custodian of a minor
to allow or permit said minor to remain in or upon any public place,
street or any establishment in violation of this section herein.
3. It shall be unlawful for an operator, of an establishment to allow
or permit a minor to remain in or upon any public place or establishment
in violation of this section herein.
4. It shall be unlawful for a person who is an owner or operator of
any motor vehicle to knowingly permit or allow a violation of this
section herein.
[Ord. 226, 12/11/2007, § 5]
1. Curfew exceptions are as follows:
A. Minor is accompanied by a parent or guardian.
B. Minor is involved in an emergency.
C. Minor is engaged in an employment activity, or is traveling to or
from work, without detour or stopping.
D. Minor is on the sidewalk directly abutting a place where he or she
resides with a parent.
E. Minor is attending an official, civic, sport, cultural, school or
religious activity, or is going to or from such activity without detour
or stopping.
F. Minor is engaged in interstate travel through, beginning, or terminating
in the Township.
G. Minor is exercising first amendment rights protected by the United
States Constitution.
H. Minor is on an errand, at the direction of a parent, and the minor
has in his/her possession a written statement dated that day and signed
by the parent containing the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, a brief description of the errand and the hours the minor is
authorized to be engaged in the errand.
[Ord. 226, 12/11/2007, § 6]
Any person, establishment, operator and the like, who violates
this Part shall be sentenced, upon conviction, to pay a fine of not
less that $25 and not more than $1,000 for each violation plus costs
of prosecution. Default in payment may result in imprisonment as permitted
by law for the punishment of a summary offense.
[Ord. 226, 12/11/2007, § 7]
1. Any minor found in the Township who appears to be in violation of
this Part shall be taken into custody by the Old Lycoming Township
Police Department or other authorized law enforcement officer.
2. Upon determination of a violation, a minor in possession of valid
photo identification, or when a parent or guardian has verified the
minor's name, date of birth and address, may be issued a summary citation.
The minor may be released from the scene of detention either into
the custody of a parent or guardian or to return directly home.
3. A minor detained for whom no identification can be verified may be
taken into custody and transported to Old Lycoming Township Police
Headquarters. Once identified, said minor may be issued a summary
citation and released to a parent, guardian or the like. If no one
takes custody of the minor, the police officer may contact Lycoming
County Children and Youth Services for intervention.
[Ord. 226, 12/11/2007, § 8]
The police officers of Old Lycoming Township and other authorized
law enforcement officers, in taking minors into custody, shall use
their discretion on determining age and in doubtful cases may require
proof of age. Until such proof is furnished, the officer's judgment
shall prevail.