[HISTORY: Adopted by the Board of Supervisors of Carroll
Township 10-13-2008 by Ord. No.
2008-192. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Curfew
Ordinance."
For the purposes of this chapter, the following words shall
have the meanings ascribed to them below, except where the context
in which the word is used clearly indicates otherwise:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years of age.
Eastern standard time, except during those months when Eastern
daylight saving time is observed in Carroll Township.
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, shall include the members
or partners thereof and as applied to corporations, shall include
the officers thereof.
Any natural parent, guardian or other person having the legal
care or custody of a minor.
Any public street, highway, road, alley, park, playground,
wharf, dock, public building, or vacant lot.
To loiter, idle, wander, stroll, or play in or upon.
No minor shall be or remain in or upon any public place or any
establishment between 11:00 p.m. and 6:00 a.m. of the following day,
official Township time, except as follows:
A.
When such minor is accompanied by a parent, guardian or other person
having the legal care or custody of such child or is accompanied by
a responsible person over the age of 21 years of age.
B.
When such minor is engaged in gainful and lawful employment during
the time prohibited or is immediately and directly en route to or
from such employment.
C.
When such minor is engaged in bona fide volunteer service to a fire
company or ambulance association, or is immediately and directly en
route to or from such service.
When, in any prosecution under this chapter, a minor offers
any affirmative defense that he or she was:
A.
Accompanied
by a parent, guardian or other person having legal custody or other
responsible adult;
B.
Engaging
in lawful employment activities; or
C.
Was engaged
in bona fide volunteer service to a fire company or ambulance association,
the obligation to go forward and present competent evidence falls
upon the minor.
No minor shall remain in or upon any public place or any establishment during the time prohibited in § 176-3, except as therein provided.
No parent shall allow or permit any minor to remain in or upon any public place or any establishment during the time prohibited in § 176-3, except as therein provided.
No operator of an establishment or the servants, agents or employees of such operator shall allow or permit any minor to be or to remain in or upon the premises of such establishment during the time prohibited in § 176-3, except as therein provided.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Any minor who violates any provision of this chapter shall be subject
to a fine of not more than $1,000 for each offense, plus court costs.
B.
Any parent who violates any provision of this chapter shall be subject
to a fine of not more than $1,000 for each offense, plus court costs.
C.
Any operator of an establishment and any agent, servant or employee
of such operator who violates any provision of this chapter shall
be subject to a fine of not more than $1,000 for each offense, plus
court costs.
D.
Each violation of the provisions of this chapter shall constitute
a separate offense.
This chapter shall become effective October 20, 2008.
