[Ord. 946, 7/25/1980, § 1]
For the purposes of this Part, the following terms, phrases,
words, and their derivatives shall have the meaning given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and words in the singular number the plural number. The word
"shall" is always mandatory and not merely directory.
The Borough of Bristol.
Any person over the age of 18 who is in loco parentis to
a juvenile.
Any person other than a parent, who has legal guardianship
of a minor.
Any person under the age of 18.
The natural or adoptive parent of a minor.
Any street, alley, highway, sidewalk, park, playground or
place to which the general public has access and a right to resort
for business, entertainment, or other lawful purpose. A public place
shall include, but not be limited to, any store, shop, restaurant,
tavern, bowling alley, cafe, theater, drug store, pool room, shopping
center and any other place devoted to amusement or entertainment of
the general public. It shall also include the front or immediate area
of the above.
[Ord. 946, 7/25/1980, § 2]
It shall be unlawful for any minor to remain, idle, wander,
stroll or play in any public place either on foot or to cruise about
without a set destination in any vehicle in, about or upon any place
in the Borough between the hours of 11:00 p.m. and 5:00 a.m. unless
accompanied by a parent, guardian, custodian or other adult person
having custody or control of such minor or unless the minor is on
an emergency errand or specific business or activity directed or permitted
by his parent, guardian or other adult person having the care and
custody of the minor or where the presence of such minor is connected
with or required by some legitimate employment, trade, profession
or occupation.
[Ord. 946, 7/25/1980, § 3]
It shall be unlawful for any person, firm or corporation operating
or having charge of any public place to knowingly permit or suffer
the presence of minors under the age of 18 between the hours of 11:00
p.m. and 5:00 a.m.
[Ord. 946, 7/25/1980, § 4]
It shall be unlawful for the parent, guardian or other adult
person having custody or control of any minor under the age of 18
to suffer or permit or by inefficient control to allow such person
to be on the streets or sidewalks or on or in any public property
or public place within the Borough between the hours of 11:00 p.m.
and 5:00 a.m. However, the provisions of this section do not apply
to a minor accompanied by his parent, guardian, custodian or other
adult person having the care, custody or control of the minor, or
if the minor is on an emergency errand or specific business or activity
directed by his parent, guardian, custodian or other adult having
the care and custody of the minor.
[Ord. 946, 7/25/1980, § 5]
Any minor attending a special function or entertainment of any church, school, club, an event sanctioned by the Bristol Borough Recreation Authority, or other organization that requires such minor to be out at a later hour than that called for shall be exempt from the provisions of § 6-202 of this Part; provided, the church, school, club or other organization shall register in advance with the Chief of Police or his designate to have the minor stay out to this later hour. The registrant shall state the time the function or entertainment shall end, and the minors who attend the function shall be required to be in their homes or usual places of abode within 1/2 hour after the function is ended.
[Ord. 946, 7/25/1980, § 6]
1.
Any police officer upon finding a minor in violation of § 6-202 shall ascertain the name and address of such minor and warn the minor that he is in violation of curfew and shall direct the minor to proceed at once to his or her home or usual place of abode. The police officer shall report such action to the Chief of Police Department who in turn shall notify the parents, guardian, or person having custody or control of such minor.
2.
If such minor refuses to heed such warning or direction by any police
officer or refuses to give such police officer his correct name and
address, or if the minor has been warned on a previous occasion that
he or she is in violation of curfew, he or she shall be taken to the
Police Department and the parent, guardian or other adult person having
the care and custody of such minor shall be notified to come and take
charge of the minor. If the parent, guardian or other adult person
above cannot be located or fails to come and take charge of the minor,
the minor shall be released to the juvenile authorities.
[Ord. 946, 7/25/1980, § 7; as amended by Ord. 1005,
7/14/1986; and by Ord. 1295, 9/9/2013]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a magisterial district judge 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. 946, 7/25/1980; as added by Ord. 1151, 3/13/2000, § 208]
The Borough of Bristol, Bucks County, Pennsylvania.
The period of a child's life from the time the child's parents
elect to have the child enter school, which shall be not later than
at the age of eight years, until the age of 17 years. The term shall
not include any child who holds a certificate of graduation from a
regularly accredited senior high school.
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
Any person other than a parent who has legal guardianship
of a student or is a person in a parental relation, having control
or charge of any student.
A program conducted, in compliance with the school code,
by the parent or guardian or such person having legal custody of the
child or children.
The natural or adoptive parents of a student.
Any public street, highway, road, park, playground, public
building, recreation center, vacant lot or parking area open to the
general public, including the interior of any motor vehicle being
operated upon or parked upon or standing in or upon any such areas.
Any institution, public or private, authorized and/or certified
by the School Code.
The Public School Code of 1949, 24 P.S. § 1-101 et seq., as amended.
The time period of any day that students are required to
attend school.
The period of time elapsing between the opening of schools
in the fall of one year and the closing of school in the spring of
the following year.
Any person of compulsory school age.
Any absence from school by a student which is not excused
or permitted by school authorities.
[Ord. 946, 7/25/1980; as added by Ord. 1151, 3/13/2000, § 209]
1.
It shall be unlawful for any student, required by the school code
to attend school, to remain in or play in or upon any public place
or at any establishment or to wander or stroll upon public streets
or right-of-ways when such student is required by the School Code
to attend school during the school day.
2.
The provisions of this Part shall not apply to any student who:
A.
Has attained the age of 16 years, and who is regularly engaged in
any useful and lawful employment or service during the time the schools
are in session, and who holds an employment certificate issued according
to law.
B.
Has been examined by an approved mental health treatment facility
or by a person certified as a school psychologist or psychological
examiner, and has been found to be unable to profit from further public
school attendance, and who has been reported to the Board of School
Directors and excused, in accordance with the regulations prescribed
by the State Board of Education.
C.
Has attained the age of 15 years and is engaged in farm work or domestic
service in a private home on a permit issued by the School Board or
the designated school official of the school district of the student's
residence, in accordance with regulations which the Superintendent
of Public Instruction is hereby authorized to prescribe.
D.
Has attained the age of 14 years and is engaged in farm work or domestic service in a private home on a permit issued as provided in Subsection 2C of this section, and who has satisfactorily completed, either in public or private schools, the equivalent of the high grade of the elementary school organization prevailing in the public schools of the district in which he resides, if the issuance of such a permit has first been recommended by the District Superintendent of Schools having supervision of the schools of the district where such child resides or by the principal of the private school where such child is enrolled, and the reason therefor has been approved by the Superintendent of Public Instruction.
E.
Is engaged in a home education program.
F.
Is in the physical presence and custody of a parent or guardian and
is authorized by that parent or guardian to be absent from school.
[Ord. 946, 7/25/1980; as added by Ord. 1151, 3/13/2000, § 210;
and amended by Ord. 1295, 9/9/2013]
1.
Any person, firm or corporation who shall violate any provision of
this Part, upon conviction thereof in an action brought before a magisterial
district judge 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.
2.
The student and every parent, guardian or person in parental relation
must appear at a hearing established by the magisterial district judge.
3.
In lieu of or in addition to any other sentence imposed under this
section, the magisterial district judge may order the student to perform
community service for a period not to exceed six months.
[Ord. 946, 7/25/1980; as added by Ord. 1151, 3/13/2000, § 211;
and amended by Ord. 1295, 9/9/2013]
1.
Every parent, guardian or person in parental relation, having control or charge of any child or children of compulsory school age, who shall fail to comply with the provisions of this Part regarding compulsory school attendance, subject to the exceptions set forth in § 6-209, Subsection 2A, B, C and D, shall be subject to the provisions of § 6-213.
2.
Any parent, guardian or person in parental relation, having control
or charge of any child or children of compulsory school age, who is
convicted of a violation of this Part, may be ordered by the magisterial
district judge to complete an approved parenting education program
or counseling offered by a local school district or other community
resource, in lieu of any fine imposed.
3.
If the parent, guardian or person in parental relation charged with
a summary offense under this section shows that he or she took every
reasonable step to insure attendance of the student at school, he
or she shall not be convicted of the summary offense.
[Ord. 946, 7/25/1980; as added by Ord. 1151, 3/13/2000, § 212]
1.
Any police officer who finds a student violating this Part may obtain
the information from such student that is required in order to issue
a citation to the student. A copy of the citation and/or written notice
shall be provided to the parent or guardian of the student by the
Chief of Police or his designee advising of the violation. The student
should then be transported to school.
2.
Any police officer who is notified by a parent, guardian or person
in parental relation, of a student who willfully refuses to attend
school, shall obtain permission from the parent, guardian or person
in parental relation, to enter the residence of the parent, guardian
or person in parental relation, and issue a citation for the violation
of the Part to the student and return the student to the public school
in which the student is, or should be, enrolled.
3.
If a person suspected of violating this Part refuses to satisfactorily
identify himself to a police officer, that person may be temporarily
detained to permit the police officer reasonable opportunity to determine
his/her identity. If it is determined that the suspect is a student,
subject to compulsory school attendance, then the parent or guardian
of such student shall be notified and unless requested by such parent,
guardian or person in parental relation to place said student in a
school other than the public school, the student may be placed in
the public school in which the student is, or should be, enrolled.
