[HISTORY: Adopted by the Board of Supervisors of the Township of Blair 3-11-2004 by Ord. No. 2004-03. Amendments noted where applicable.]
This chapter shall hereafter be known as the "Curfew Ordinance" of the Township of Blair.
The purpose of this chapter is to ensure the safety and welfare of minors and to protect the persons and property within the Township from nocturnal mischief caused by minors.
The following terms, when used within this chapter, shall have the following meanings:
ESTABLISHMENTS
Any privately owned place of business within the Township operated for profit to which the public is invited, including, but not limited to, restaurants, grocery stores, markets or places of entertainment and amusement.
MINOR
Any person under the age of 18 years.
OFFICER
A police officer or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or the ordinances of the Township of Blair.
PARENT
Any natural parent of a minor, legal guardian of a minor, or any adult responsible for the care and custody of a minor.
PUBLIC PLACE
Any place to which the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, parks, fields, wooded areas and parking lots.
REMAIN
To linger or stay at or upon a public place; to fail to leave a public place when requested to do so by an officer, owner, operator or other person in control of that place.
A. 
It shall be unlawful for any minor to be or remain in or upon any public place within the Township, be in or remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the Township between the hours of 11:00 p.m. and 6:00 a.m. the following day.
(1) 
Subsection A shall not apply to any minor who is:
(a) 
Accompanied by a parent or legal guardian.
(b) 
Attending, traveling to or from, without detour, any school, church or civic activity.
(c) 
Engaged in employment or traveling to or from without detour.
B. 
It shall be unlawful for any parent to knowingly permit, allow or encourage any minor to violate Subsection A.
C. 
It shall be unlawful for any person, including any minor, to give a false name, address or telephone number to any officer investigating a possible violation of Subsection A or B.
A. 
Any officer who observes a violation of § 202-4A, B or C is authorized to issue a non-traffic citation or warning for violation.
B. 
In the event of a violation of § 202-4A or C, the officer may do any of the following:
(1) 
Instruct the minor to proceed directly home.
(2) 
Transport the minor to his or her home, residence or location of a responsible adult.
(3) 
Transport the minor to the police station.
(4) 
Contact a parent, guardian or adult to respond to the scene or police station to retrieve the minor.
(5) 
In the event no parent, guardian or responsible adult can be reached, the minor shall be placed in the custody of the Blair County Children and Youth Services.
C. 
If no parent or guardian can be reached, the officer shall notify the parent or guardian of the violation as soon as is practical.
Any person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Township before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorneys’ fees, incurred by the Township in the enforcement of this chapter. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Township may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Township are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).