[Ord. 1990-2, 5/3/1990, § 1]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this Part the following terms shall have the meanings
indicated unless a different meaning clearly appears form the context:
Person under the age of 17 years.
Any natural parent of a minor, as herein defined, or a guardian
or any adult person responsible for the care and custody of a minor.
When used in this Part "parent" shall mean one or both parents.
Any public street, alley, sidewalks, park, playground, public
building or vacant lot in the Township of Vernon.
To stay behind, to tarry and to stay unnecessarily upon the
streets including the congregating of groups (or of interacting minors)
totalling four or more persons in which any minor involved would not
be using the streets for emergencies or ordinary purposes such as
mere passage of going home.
2.
In this Part the singular shall include the plural, the plural shall
include the singular and the masculine shall include the feminine
and the neuter.
[Ord. 1990-2, 5/3/1990, § 2]
This is a curfew ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night, for the protection of younger children in the Township of
Vernon from each other and from other persons on the streets during
nighttime hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief by minors and for the reduction of the incident of juvenile
criminal activities, all for the good of minors, for the furtherance
of family responsibility and for the public good, safety and welfare.
[Ord. 1990-2, 5/3/1990, § 3]
1.
It shall be unlawful for any minor to be or remain in or upon any
public highway, park or other public place within the Township of
Vernon or in any enclosure or vehicle which is on and in close proximity
to any such public place within the Township of Vernon between the
hours of 12:00 p.m. and 6:00 a.m. on the following day with the following
exceptions:
A.
A minor accompanied by a parent, guardian or other person having
legal care or custody of such minor.
B.
A minor possessing a written statement dated that day and signed
by a parent, guardian or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Part.
C.
A minor lawfully employed making it necessary to be on or in highways,
streets, parks, etc., as stated above and possessing a current letter
certifying the same and signed by the minor's employer and by
the minor's parent or guardian.
D.
A minor on an emergency errand.
E.
A minor traveling to and from church, school or municipal activity
with a parental permission statement as set forth in Subsection 1B
of this section.
[Ord. 1990-2, 5/3/1990, § 4]
It is hereby unlawful for any parent, guardian or the person
having the legal care or custody of a minor to allow or permit the
minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 1990-2, 5/3/1990, § 5]
Any minor found upon the streets, alleys, parks or public places within the Township of Vernon in violation of § 6-103 shall be taken directly into custody by the Vernon Township Police and shall be delivered to his parent(s), guardian or person having the legal custody of said minor and be given a copy of this Part. A report shall be filed and kept in a log for that specific purpose. If said parent(s), guardian or person having legal custody of said minor shall again allow him/her to be on the streets, alleys, parks or public places in violation of § 6-103 of this Part said parent(s), guardian or person having the legal custody of said minor so offending shall, upon the second offense, be called along with the offender and be so advised once again as to the penalty provision contained in this Part. Upon the third violation said parent(s), guardian or person will be cited for the violation.
[Ord. 1990-2, 5/3/1990, § 6]
Any minor who shall violate this Part more than three times may, at the discretion of the Chief of Police of Vernon Township, be reported to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents and proceedings then shall be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective or where for any other reason the provisions of § 6-103 of this Part cannot be made effective by imposition of fines and penalties.
[Ord. 1990-2, 5/3/1990, § 7]
The police officers of the Township of Vernon in taking a minor
into custody shall use their discretion in determining age and in
doubtful cases may require positive proof of age. Until such proof
is furnished the officer's judgment shall prevail.
[Ord. 1990-2, 5/3/1990, § 8; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof in an action brought before
a district justice 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.
[Ord. 1980-2, 7/17/1980, § 1]
As used in this Part the following words and phrases shall have
the meaning given them in this section:
Having general knowledge of, or reason to know, or a belief
or a belief or ground for belief that warrants further inspection
or inquiry of, the character and content of any materials or conduct
described herein which is reasonably susceptible of examination or
inquiry.
The showing of the human male or female genitals, pubic area
or buttocks with less than a fully opaque covering or the showing
of the male genitals, covered or uncovered, in a discernibly turgid
state. (Note: This definition relates only to "obscene live entertainment.")
Entertainment by living persons in which entertainers, whether
one or more, engage in sexual conduct or nudity as herein defined.
Any literature including any book, magazine, pamphlet, newspaper,
storybook, comic book or writing or any figure, visual representation
or image including any drawing, photograph, picture or motion picture
if the subject matter represents or depicts sexual conduct as herein
defined.
Any human being, corporation, partnership, firm, association
or other entity.
Any window, showcase, newsstand, display rack, billboard, viewing
screen or other similar place visible from any public street, highway,
sidewalk or other public thoroughfare.
Any theater, motion picture house, restaurant, tavern, auditorium
or other similar place to which the general public or any part of
the general public, regardless of age, is regularly admitted.
Ultimate sexual acts, normal or perverted, actual or simulated
including, by way of illustration, but not limited to, sexual intercourse,
masturbation, fellatio, cunnilingus and excretory functions.
Any tangible devices, object or mechanism designed or intended
primarily for use in producing sexual arousement or sexual orgasm.
The Township of Vernon, a municipality situated in Crawford
County, Pennsylvania.
[Ord. 1980-2, 7/17/1980, § 2]
1.
No person, knowing the obscene character of the materials or conduct
involved, shall:
A.
Exhibit, show or display or cause to be exhibited, shown or displayed
in any public place in the Township any obscene materials or sexual
devices.
B.
Sell any obscene materials or sexual devices in the Township.
C.
Manufacture, construct or produce any obscene material or sexual
device in the Township.
D.
Promote, arrange for or directly engage in any obscene live entertainment
in any public place in the Township.
[Ord. 1980-2, 7/17/1980, § 3]
Nothing in this Part shall apply to any recognized, not for
profit organization or institution accorded charitable status under
federal or state laws including, not limited to, historical societies,
libraries or art galleries or to any legally sanctioned licensed or
other governmentally recognized or approved educational, medical,
religious, scientific, artistic, not for profit organization or institution
or to the private, not for profit sales by individuals of obscene
materials which are isolated and casual and does not involve multiple
transactions such as normally would be deemed an ongoing business.
[Ord. 1980-2, 7/17/1980, § 4; as amended by Ord.
1997-2, 3/6/1997; and by Ord. 1998-2, 3/5/1998]
1.
Enforcement Notice.
A.
If it appears to the Township that a violation of this Part has occurred,
the Township shall initiate enforcement proceedings by sending an
enforcement notice as provided in this section.
B.
The enforcement notice shall be sent to the violator and, if applicable,
the owner of record of the parcel on which the violation has occurred,
to any person who has filed a written request to receive enforcement
notices regarding that parcel and to any other person requested in
writing by the owner of record.
C.
An enforcement notice shall state at least the following:
(1)
The name of the violator and, if applicable, the owner of record
and any other person against whom the Township intends to take action.
(2)
The location of the violation and, if applicable, the property
in violation.
(3)
The specific violation with a description of the requirements
which have not been met, citing in each instance the applicable provisions
of this Part.
(4)
The date before which the steps for compliance must be commenced
and the date before which the steps must be completed.
(5)
That the recipient of the notice has the right to appeal to
the Board of Supervisors within a period of 10 days.
(6)
That failure to comply with the notice within the time specified,
unless extended by appeal to the Board of Supervisors, constitutes
a violation, with possible sanctions clearly described.
2.
Enforcement Remedies.
A.
Any person, partnership or corporation who or which has violated
or permitted the violation of the provisions of this Part shall, upon
being found liable therefor in a civil enforcement proceeding commenced
by the Township, pay a judgment of not more than $600 plus all court
costs, including reasonable attorney fees incurred by the Township
as a result thereof. No judgment shall commence or be imposed, levied
or payable until the date of the determination of a violation by the
district justice. If the defendant neither pays not timely appeals
the judgment, the Township may enforce the judgment pursuant to the
applicable rules of civil procedure. Each day that a violation continues
or each section of this Part which shall be found to have been violated
shall constitute a separate violation.
B.
Nothing contained in this section shall be construed or interpreted
to grant to any person or entity other than the Township the right
to commence any action for enforcement pursuant to this section.
C.
District justices shall have initial jurisdiction over proceedings
brought under this section.
