[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.