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 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 activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
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,
or in any enclosure or vehicle which is on or in close proximity to
any such public place within the Township, between the hours of 11:00
p.m. and 5:00 a.m. on the following day. Exceptions to the above are
the following:
A. Minor accompanied by parent, guardian, or other person having legal
care or custody of such minor.
B. Minor possessing a written statement dated that day and signed by
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
chapter.
C. 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 employer, parent or guardian.
D. Minor on an emergency errand.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B above.
It is hereby made unlawful for any parent, guardian, or the
person having the legal care or custody of a minor to allow or permit
such minor to violate any of the provisions of this chapter without
legal justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Township in violation of §
186-3 may be taken into custody by the Township police or legally deputized individual, be delivered to his/her parents, guardian or person having the legal custody of said minor. Both minor and parent, guardian or person having the legal custody may be advised as to the penalty provisions contained in this chapter, and may be cited for the violation if deemed appropriate by the Township police or legally deputized individual enforcing this chapter. A report shall be filed within the Police Department, and the names of the violators will be maintained in the police computer for reference in subsequent offenses.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Township officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then 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 §
186-3 of this chapter cannot be made effective by the imposition of fines and penalties.
The police officers of the Township in taking minors 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.
Any person who shall violate any provision of this chapter shall
pay a fine of $25. The first offender may appear at the police station
and pay the fine directly to the Township within three days. A first
offense by a parent, guardian or person having legal custody of said
minor shall be $50, which may be paid within three days by appearing
in the Township Police Department and paving the fine to the Township.
Any person who shall fail to appear and pay the fine for first offenders
shall, upon conviction thereof, be sentenced to pay such fine and
costs, and in default of payment to imprisonment for a term not to
exceed 30 days. Any person who shall violate any provision of this
chapter as a second offender shall, upon conviction thereof, be sentenced
to pay a fine of not more than $600 and costs and, in default of payment,
to undergo imprisonment for a term not to exceed 30 days. All prosecutions
shall be brought before the Magisterial District Judge having jurisdiction
of summary violations that occur in Lower Windsor Township.
This chapter shall become effective five days after date of
enactment as provided by law.