Borough of Folcroft, PA
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 8-20-1996 by Ord. No. 895 (Ch. 6, Part 4, of the 2006 Code of Ordinances). Amendments noted where applicable.]
[Amended 11-21-2006 by Ord. No. 990; 9-18-2007 by Ord. No. 996]
Hereafter, it shall be unlawful for any person under 18 years of age (such persons hereafter being referred to as "juveniles") to be and remain on the streets, alleys, sidewalks, parks or public places of the Borough of Folcroft at night after 9:00 p.m., prevailing time, and until 6:00 a.m. of the following morning (seven days per week), unless such juvenile is accompanied by a parent, guardian or other person having custody of such juvenile, or unless the juvenile is performing an emergency errand for his or her parent, guardian or other person having custody and the juvenile has a written statement to such effect signed by the parent, guardian or person having legal custody of said juvenile.
[Amended 11-21-2006 by Ord. No. 990]
Hereafter, it shall be unlawful for any parent, guardian or other person having the legal care or custody of any juvenile to allow or permit such juvenile while in such legal custody, to be or remain on the streets, sidewalks, alleys, parks or public places of the Borough of Folcroft at night after 9:00 p.m. Sunday through and including Thursday, 9:00 p.m. Friday through and including Saturday, except as is permitted in § 266-1 hereof.
It shall be the duty of the Folcroft Borough Police who shall find any juvenile on the streets, sidewalks, alleys, parks or public places of the Borough at night after 9:00 p.m. in violation of § 266-1, to note the name and address of the juvenile and the name and address of the parents, guardian or person having legal custody of said juvenile. If the juvenile shall not reside in the Borough of Folcroft, then the police officer shall instruct the juvenile to return to his/her home. The officer shall report the name and address of the juvenile and the name and address of his/her parent, guardian or person having legal custody to the Chief of Police, who shall record the same in a permanent record.
[Amended 11-21-2006 by Ord. No. 990; 9-18-2007 by Ord. No. 996]
Any parent, guardian or person having legal custody of any juvenile, who shall permit such juvenile to be or remain of the streets, sidewalks, alleys, parks or public places of the Borough of Folcroft from 9:00 p.m. to 6:00 a.m., prevailing time, in violation of this chapter shall be guilty of an offense and upon conviction thereof, 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 30 days. Each day that a violation of this chapter continues shall constitute a separate offense. Any juvenile who violates any provision of this chapter shall be reported by the Chief of Police to the Juvenile Court of Delaware County, Pennsylvania, or any appropriate court having jurisdiction in said county for proper action.
[Added 3-18-2008 by Ord. No. 1001]
A. 
It shall be unlawful for any minor of compulsory school age enrolled in any elementary or secondary school to be or remain in or upon any public space or on the premises of any establishment within the Borough between the hours of 9:00 a.m. and 2:30 p.m. on any day in which school is in session, unless such minor is on a scheduled vacation or holiday observed by the school, or that child has permission to be absent from school or to be in a public place or establishment from an authorized school official. In case the minor is educated through a home school program pursuant to Pennsylvania School Code § 1327.1 (Home Education), the minor's custodian shall be deemed an authorized school official.
B. 
Custodian's responsibility. It shall be unlawful for any custodian of any minor of compulsory school age to knowingly permit such minor to be or remain in or upon any public place or on the premises of any establishment within the Borough between the hours of 9:00 a.m. and 2:30 p.m. on any day in which school is in session, unless such minor is on a scheduled vacation or holiday observed by the school, or that child has permission to be absent from school or to be in a public place or establishment from an authorized school official. In case the minor is educated through a home school program pursuant to Pennsylvania School Code § 1327.1 (Home Education), the minor's custodian shall be deemed an authorized school official.
C. 
Accomplice. It shall be unlawful for any person to act as an accomplice in violating any of the provisions of the daytime curfew. A person is an accomplice of a minor in violation of the daytime curfew if, with the intent of promoting or facilitating the commission of the offense, they:
(1) 
Solicit the minor to commit the offense; or
(2) 
Aid or agree or attempt to aid such other person in planning or committing the offense.
D. 
Penalty.
(1) 
First offense. Any minor who shall fail to comply with the provisions of this section relating to daytime curfew on a first offense shall be arrested and apprehended, taken into custody and transported to police headquarters for proper identification. After identification has been property ascertained, it shall be entered into the database by the Borough. The arresting or apprehending officer shall properly notify the custodian of such minor and, unless requested by such custodian to place the minor in a school other than public school, he or she shall place said child in the public school in which the minor is or so should be enrolled, subject to the appropriate disciplinary action, including but not limited to in-school suspension.
(2) 
Second and succeeding offenses. Any minor who shall fail to comply with the provisions of this section relating to daytime curfew, on a second or succeeding offense, shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs, and in default of payment of such fine and costs, shall be referred by the Magisterial District Judge to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.
(3) 
Age determination. When taking children into custody, the Police Department shall use its reasonable judgment in determining age, and in doubtful cases, may require proof thereof, and until such proof is established, the determination based on such officer's judgment shall prevail.
(4) 
Multiple offenses. Any minor, whether a resident or nonresident of the Borough of Folcroft, who shall violate this article three or more times, shall be reported to the proper juvenile authorities of the County of Delaware for appropriate action pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
(5) 
Offense of the parent. Any custodian having control or charge of any minor of compulsory school age, who shall fail to comply with the provisions of this section relating to daytime curfew shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs, and in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 90 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.
(6) 
Offense of accomplices. Any person found to be an accomplice shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs, and in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 90 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.