[Ord. No. 381, 5/17/1995, § 501]
1. Juvenile delinquency poses a serious hazard to the public peace,
safety, health, welfare and quality of life, and whereas, the people
have a right to the safety and security of their persons and property
and should be ensured to that right.
2. Now, therefore, it is the policy of Hatfield Borough that juvenile
delinquency shall be prevented such that the public's right to personal
safety and security of their property shall not be jeopardized.
3. This Part shall apply to the control and regulation of children in
public places and establishments open for the use of the public, within
the boundaries of Hatfield Borough.
[Ord. No. 381, 5/17/1995, § 502]
The following words, when used in this Part, 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/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 Hatfield Township
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
To include, but not limited to, any street, highway, road,
alley, sidewalk, public building, park, playground (or continuous
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.
[Ord. No. 381, 5/17/1995, § 503]
1. It shall be unlawful for any child under 16 years of age to remain
in any public place or establishment after 10:30 p.m. (2230 hours)
prevailing time, and before 5:00 a.m. (0500 hours) prevailing time.
2. It shall be unlawful for any child under 18 years of age and over
16 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.
3. The provisions in Subsection
1 or
2 of this section shall not apply if any of the exceptions stated in §
6-506 of this Part exist.
4. Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in §
6-508 of this Part.
[Ord. No. 381, 5/17/1995, § 504]
1. It shall be unlawful for any parent, guardian or custodian to allow
or permit any child under 16 years of age to remain in any public
place or establishment after 10:30 p.m. (2230 hours) prevailing time,
and before 5:00 a.m. (0500 hours) prevailing time.
2. It shall be unlawful for any parent, guardian or custodian to allow
or permit any child under 18 years of age and over 16 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.
3. The provisions of Subsection
1 or
2 of this section shall not apply if any of the exceptions stated in §
6-506 exist.
4. Each violation of the provisions of this section shall constitute a separate offense as per the penalties listed in §
6-508 of this Part.
5. It shall be the responsibility of the parent, guardian or custodian
to immediately take custody of their child upon notice of a violation
by the Hatfield Township Police.
[Ord. No. 381, 5/17/1995, § 505]
1. It shall be unlawful for any operator to allow or to permit any child
under 16 years of age to remain in any public place or establishment
after 10:30 p.m. (2230 hours) prevailing time, and before 5:00 a.m.
(0500 hours) prevailing time.
2. It shall be unlawful for any operator to allow or to permit any child
under 18 years of age and over 16 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.
3. The provisions of Subsection
1 or
2 of this section shall not apply if any exceptions stated in §
6-506 exist.
4. Each violation of the provisions of this section shall constitute a separate offense as per penalties stated in §
6-508 of this Part.
[Ord. No. 381, 5/17/1995, § 506]
1. Any child found in apparent violation of this Part, meeting any one of the following listed exceptions, shall be exempt from the provisions of §
6-507 (where applicable) and §
6-508 of this Part:
A. Any time when the child is in actual accompaniment by a parent, guardian
or custodian.
B. During an emergency activity authorized by the parent, guardian or
custodian of said child, as long as the special conditions listed
in Subsection 1.E of this section are met.
[Amended at time of adoption of Code (see Ch. AO)]
C. When engaged in employment activities by said child, as long as the
special conditions listed in Subsection 1.E of this section are met.
[Amended at time of adoption of Code (see Ch. AO)]
D. During attendance of special activities/functions, as authorized
by a parent, guardian or custodian, as long as the special conditions
listed in Subsection 1.E of this section are met.
[Amended at time of adoption of Code (see Ch. AO)]
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 by any federal/state/local statute or ordinance:
(1)
When a child is found in apparent violation of any of the provisions of this Part, while carrying written permission of the parent, guardian or custodian, stating the date, time and reason, to exempt said child from the provisions of §
6-508 of this Part.
(2)
When a child found in apparent violation of any provision of
this Part 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 Part.
(3)
When a child found in apparent violation of any provision of
this Part 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 of any provision as authorized
by any federal/state/local statute or ordinance.
(5)
When advance notice is given to the Hatfield Township 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 Hatfield Township Police Department,
who may be found in violation of any provision of this Part, 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 §
6-508 of this Part.
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 the minor first has given notice to the Chief
of Police of Hatfield Township by delivery to the communications center
personnel at the Hatfield Township Municipal Building 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
Hatfield Borough.
[Ord. No. 381, 5/17/1995, § 507]
1. A police officer enforcing any provision of this Part 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 provision of this Part.
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 Part.
C. A police officer shall detain any child found in violation of any
provision of this Part and once identified shall release said child
to the custody of said child's parent or guardian or custodian, or
shall transport said child to child's parent or guardian or custodian.
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
Hatfield Township Police Department regulations relating to shelter
care.
E. A record of any violation by any person of any provision of this
Part shall be maintained by the Hatfield Township Police Department.
[Ord. No. 381, 5/17/1995, § 508]
1. Notwithstanding the provisions of §
6-507 of this Part, the following penalty, as appropriate, shall be imposed for any violation of any provision of this Part:
A. A child offender's first violation shall result in a written warning.
B. A child offender's second violation shall constitute a summary offense,
and a fine of $50 plus court costs shall be imposed.
C. A child offender's third and any subsequent offense shall be a summary
offense, and the fine shall then be increased by $25 plus court costs,
until the maximum fine of $200 plus court costs is imposed, after
which the fine shall always be $200 plus court costs.
D. A parent, guardian or custodian's first offense shall result in written
warning.
E. A parent or guardian or custodian's second violation shall be a summary
offense and a fine of $50 plus courts costs shall be imposed.
F. A parent or guardian or custodian's third and any other subsequent
violation shall be a summary offense, and the fine shall then be increased
by $50 plus court costs, until the maximum fine of $200 plus court
costs is imposed, after which the fine shall always be $200 plus court
costs.
G. An operator's first offense shall result in a written warning.
H. An operator's second offense shall be a summary offense and a fine
of $50 plus court costs shall be imposed.
I. An operator's third violation and any subsequent violation shall
be a summary offense and the fine shall then be increased by $50 plus
court costs, until the maximum fine of $200 plus court costs is imposed,
after which the fine shall always be $200 plus court costs.
[Ord. No. 381, 5/17/1995, § 509]
1. Any police officers enforcing any provision of this Part may require
positive proof of age by any person(s) in apparent violation of any
provisions of this Part.
2. Any police officer enforcing any provision of this Part, where positive
proof of age has not been furnished by any alleged violator, the police
officer shall use his/her discretion in determining age, and until
positive proof has been furnished, the officer's judgment/discretion
shall prevail.