Township of East Earl, PA Chapter 181 Curfew

[HISTORY: Adopted by the Board of Supervisors of East Earl Township 12-9-1975 by Ord. No. 18 (Ch. 6, Part 1, of the 2001 Code of Ordinances). Amendments noted where applicable.]

§ 181-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ESTABLISHMENT

Any privately owned place or business carried on for a profit or any place of amusement or entertainment to which the public is invited.

MINOR

Any person under the age of 18 years.

OFFICIAL TOWNSHIP TIME

Eastern standard time, except during those times of the year when Eastern daylight saving time shall be the prevailing time.

OPERATOR

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.

PARENT

Any natural parent of a minor, a guardian or any adult person, 21 years of age or over, responsible for the care and custody of a minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

§ 181-2 Unlawful conduct of minors.

A. It shall be unlawful for any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 5:00 a.m., of the following day, official Township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 5:00 a.m.

B. The provisions of this section shall not apply to any minor accompanied by a parent, or to a minor upon an errand or other legitimate business directed by such minor's parent, or to any minor who is engaged in gainful lawful employment during the curfew hours, in which case such minors shall carry a certificate of employment signed by the Chief of Police of the Township of his residence or the municipality where so employed.

C. Each violation of the provisions of this section shall constitute a separate offense.

§ 181-3 Unlawful conduct of parents.

A. It shall be unlawful for any parent knowingly to permit any minor to remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 5:00 a.m., of the following day, official Township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 5:00 a.m.

B. The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business or to any parent of a minor engaged in gainful lawful employment during the curfew hours and who has obtained a proper certificate of employment.

C. Each violation of the provisions of this section shall constitute a separate offense.

§ 181-4 Unlawful conduct of owners or operators of establishments.

A. It shall be unlawful for any operator of any establishment or their agents or employees knowingly to permit any minor to remain upon the premises of said establishment between the hours of 11:00 p.m. and 5:00 a.m., of the following day, official Township time, except that on Fridays and Saturdays the hours shall be from 12:00 midnight to 5:00 a.m.

B. Each violation of the provisions of this section shall constitute a separate offense.

§ 181-5 Enforcement and penalties.

[Amended 11-13-2001 by Ord. No. 106]

A. Any Police Officer who finds a minor violating the provisions of this chapter shall obtain information from such minor as to his name and address, age and the name and address of his parent or parents. The minor shall thereupon be instructed to proceed to his home forthwith and, if possible, shall be accompanied by the Police Officer. The Police Officer shall ascertain, if possible, if the parent or parents are at home and if so, notify them verbally of the violation of both the parent and the child. If the parent or parents are not found at home, the Police Officer shall make such report to his superior officer. In all cases whether or not verbal notice has been given, a written notice shall also be mailed to the parent or parents of the minor advising them of the violation of this chapter.

B. Any parent who shall permit a minor to violate the provisions of this chapter after having received notice of a prior violation, 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 chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.

C. Any operator of any establishment or any agents or employees of any operator who shall violate the provisions of this chapter, 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 chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.

§ 181-6 Rules and regulations.

The Chief of Police is hereby authorized, from time to time, to promulgate such rules and regulations, including the extension of hours for special occasions, after consultation with the supervisors of East Earl Township.