[Ord. 184, 5/28/1970, § 1]
This Part shall be known as the "Loitering and Curfew Ordinance
of 1969."
[Ord. 184, 5/28/1970, § 2]
The Board of Supervisors of the Township of Harmar, Allegheny
County, Pennsylvania, charged by law with the responsibility of providing
for the health, safety, morals, comfort and general welfare of the
Township and of the residents thereof, believes that the incidence
of vandalism, thievery and juvenile delinquency in the Township can
be substantially reduced by prohibiting loitering under certain circumstances
and by regulating the hours that minors under the age of 18 years
may remain in public places and private establishments without parental
supervision.
[Ord. 184, 5/28/1970, § 3]
Unless the context otherwise requires, in this Part, the following
words and terms shall have these meanings:
CURFEW HOURS
The period of time from 10:00 p.m. to 6:00 a.m. whether or
not Eastern Standard Time or Eastern Daylight Savings Time be then
in effect in the Township.
CURFEW WHISTLE
Is the siren on the Fire Hall which may be sounded at the
election of the Chairman of Police Committee each night at 9:45 p.m.
MINOR
Any person who has not attained his or her 18th birthday.
OPERATOR
Any person, corporation, partnership or association awning,
operating, managing, conducting, or in charge of, of any time, any
private establishment.
PARENT
The natural parent or legal guardian of any minor, or adult
person 21 years of age or over who is entrusted with and responsible
for the custody or care of any minor at a given time and place and
for a given purpose.
PRIVATE ESTABLISHMENT
Any privately owned or privately operated mercantile establishment,
store, shop, restaurant, place of entertainment or recreation, and
the premises and parking lots adjacent thereto or similar place.
PUBLIC PLACE
Any highway, street, road, alley, way, sidewalk, public property,
vacant lot, playground, school yard or similar place, or any places
contiguous to said places.
[Ord. 184, 5/28/1970, § 4]
1. It shall be unlawful for any person:
A. To loiter, on foot or in a motor vehicles, upon any sidewalks, streets,
pavements, crossings, street corners, bridges, highways, alleys, parks
or other public property in this Township, or at or near the entrance
to any church, bus station, private establishment or any place of
public resort or entertainment, so as to interfere with or obstruct
or intend to interfere with or obstruct, the free passage or travel
of citizens or travelers along any of said public thoroughfares or
into or out of any of said places.
B. To loiter upon private property within the limits of this Township,
without the consent of the owners thereof.
[Ord. 184, 5/28/1970, § 5]
1. It shall be unlawful for minors:
A. To loiter in motor vehicles or on foot, in or upon public thoroughfares
or public places in the Township during curfew hours, unless accompanied
by a parent.
B. To walk, stroll, or wander in or upon public thoroughfares or public
places in the Township during curfew hours, unless accompanied by
a parent, or unless on the way to or from gainful, lawful employment,
in which case said minor shall carry proper identification and proper
written proof of such employment and the hours thereof, or unless
directly on the way to or from a school, church or community function
or activity.
C. To be or remain in private establishments in the Township during
curfew hours, unless accompanied by a parent, or unless engaged in
gainful, lawful employment, in which case said minor shall carry proper
identification and proper written proof of such employment and the
hours thereof.
[Ord. 184, 5/28/1970, § 6]
It shall be unlawful for any operator of any private establishment
in the Township knowingly to admit, serve, or permit the presence
of any minor, unaccompanied by a parent, in said private establishment
during curfew hours, provided that this shall not prohibit the otherwise
lawful employment of minors in said private establishment.
[Ord. 184, 5/28/1970, § 7]
1. It shall be unlawful for any parent of any minor knowingly to permit
said minor, unaccompanied by said parent:
A. To loiter in motor vehicles or on foot, in or upon public thoroughfares
or public places in the Township during curfew hours.
B. To walk, stroll or wander in or upon public thoroughfares or public
places in the Township during curfew hours, unless said minor is on
the way to or from gainful, lawful employment, or unless said minor
is directly on the way to or from a school, church or community function
or activity.
C. To be or remain in private establishments in the Township during
curfew hours, unless said minor is then and there engaged in gainful,
lawful employment.
[Ord. 184, 5/28/1970, § 8; as amended by A.O.]
1. Any parent or operator violating any of the provisions 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. Any minor who shall violate this Part shall be taken into custody
by the Township police and delivered to his or her parent, and the
Township police shall thereupon make a report to the Chief of Police
and shall make a record thereof on the police blotter. Any minor who
shall violate this Part more than one time shall be subject to Juvenile
Court proceedings to be brought by the Township.
[Ord. 184, 5/28/1970, § 9]
The police officers of the Township in enforcing this Part shall
use their discretion in determining age, and in doubtful cases may
require positive proof, and until such proof is furnished, the officer's
judgment shall prevail.