[HISTORY: Adopted by the Board of Supervisors of the Township
of West Pike Run 6-6-1974 by Ord.
No. 1974-14. Amendments noted where applicable.]
[Amended 5-14-2001 by Ord. No. 2001-3]
(Commonly known as a "Curfew Ordinance.")
A.Â
It shall be unlawful for any minor ("minor" being defined as any
person under the age of 18 years) to be in or upon the public streets,
walkways, roads and alleys, parks, playgrounds, public buildings,
vacant lots or other unsupervised places within the Township of West
Pike Run between the hours of 10:00 p.m. and 6:00 a.m. for the time
period of June 1 through August 31; and 9:00 p.m. and 6:00 a.m. for
the time period of September 1 through May 31; provided, however,
that the provisions of this section do not apply to a minor accompanied
by his/her parent, guardian or other adult person having the care
and custody of the minor, or to a minor who is upon an emergency errand
or legitimate business directed by his/her parent, guardian or other
adult having the care and custody of the minor.
B.Â
It shall be unlawful for the parent, guardian or other adult person
having the care and custody of a minor (a "minor" being defined as
any person under the age of 18 years of age) to knowingly permit such
minor to be in or upon the public streets, walkways, roads, alleys,
parks, playgrounds, public buildings, vacant lots or other unsupervised
places within the Township of West Pike Run between the hours of 10:00
p.m. and 6:00 a.m. for the time period of June 1 through August 31;
and 9:00 p.m. and 6:00 a.m. for the time period of September 1 through
May 31; providing, however, that the provisions of this section do
not apply when the minor is accompanied by his or her parent, guardian
or other adult person having the care and custody of the minor, or
when the minor is upon an emergency errand or legitimate business
directed by his or her parent, guardian or other adult having the
care and custody of the minor.
Any person who shall violate this chapter by indulging in or participating in or being guilty of any thing, or act, or conduct forbidden and made unlawful by § 115-1 shall, upon conviction, be sentenced to pay a fine of not less than $1 nor more than $25, together with the costs of prosecution, by any Magistrate who may adjudge such person guilty.
Should any person adjudged guilty of a violation of this chapter
and sentenced to pay a fine and the costs refuse, fail or neglect
to pay such a fine and costs, such person shall be committed to the
Township lockup for a period of not more than five days. Provided,
that if in any particular case of violation of this chapter, the Magistrate
before whom such case be tried shall deem five days' imprisonment
in the Township lockup an insufficient penalty to meet the merits
of the case, he may commit the person adjudged guilty to the county
jail for a period of not more than 30 days.
Arrests for violations of this chapter may be made with or without
warrant by the police or constables of this Township, provided that
the laws relative to arrest without warrant be followed on such cases,
and proceedings on violations of this chapter shall be in accordance
with the laws relative to summary convictions.
If a part of this chapter is invalid, all valid parts that are
severable from the invalid part remain in effect. If a part of this
chapter is invalid in one or more of its applications, the part remains
in effect in all valid applications that are severable from the invalid
applications.
