[Ord. 1-2016, 10/17/2016]
As used in this Part, the following terms shall have the meanings indicated:
CURFEW
A. 
Ten o'clock p.m. on any Sunday, Monday, Tuesday, Wednesday, Thursday, or Friday until 6:00 a.m. of the following day; and
B. 
Eleven o'clock p.m. until 6:00 a.m. on any Saturday or Sunday.
EMERGENCY
An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
GUARDIAN
A. 
A person who, under court order, is the guardian of the person of a minor; or
B. 
A public or private agency with whom a minor has been placed by a court.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the member or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
A. 
A natural parent, adoptive parent, or stepparent of another person; or
B. 
At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common area of schools, hospitals, apartment complexes, office buildings, transport facilities, and shops.
REMAIN
To:
A. 
Linger or stay; or
B. 
Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member of organ.
[Ord. 1-2016, 10/17/2016]
1. 
A minor commits an offense if he/she remains in any public place or on the premises of any establishment with the Township during curfew hours.
2. 
A parent or guardian or a minor commits an offense if he/she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment with the Township during curfew hours.
3. 
The owner, operator, or any employee of an establishment commits an offense if he/she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
[Ord. 1-2016, 10/17/2016]
1. 
It is a defense to prosecution under § 6-202 that the minor was:
A. 
Accompanied by the minor's parent or guardian, without any detour or stop;
B. 
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
C. 
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
D. 
Involved in an emergency;
E. 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;
F. 
Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the Township, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the Township, a civic organization, or another similar entity that takes responsibility for the minor;
G. 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or:
(1) 
Is married or had been married or had disabilities of minority removed in accordance with commonwealth law.
(2) 
It is a defense to prosecution under § 6-202, Subsection 3, that the owner, operator, or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
[Ord. 1-2016, 10/17/2016]
1. 
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 6-203 is present.
[Ord. 1-2016, 10/17/2016]
1. 
A person who violates a provision of this Part is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine of not less than $50 nor more than $600, and/or imprisonment for a period not to exceed 90 days.