[Adopted 10-20-1992 by Ord. No. 92-17]
This article shall be known and may be cited
as the "Curfew Ordinance."
It shall be unlawful for any person 17 or fewer
years of age (under 18) to be or remain in or upon the streets within
the Township of Bristol at night during the period ending at 6:00
a.m. and beginning:
A. At 10:00 p.m. for minors 11 or fewer years of age.
B. At 10:30 p.m. for minors 12 or 13 years of age.
C. At 11:00 p.m. for minors 14 or more years of age.
It shall be unlawful for a parent having legal
custody of a minor knowingly to permit or by inefficient control to
allow such minor to be or remain upon any street within the Township
under circumstances not constituting an exception to or otherwise
beyond the scope of this article. The term "knowingly" includes knowledge
which a parent should reasonably be expected to have concerning the
whereabouts of a minor in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable
community standard of parental responsibility through an objective
test. It shall, a fortiori, be no defense that a parent was completely
indifferent to the activities or conduct or whereabouts of such minor.
Prevailing community standards and the real
internalization thereof or interpersonal sanctions therefor that,
in practice, count for much, as to when minors should be off the streets,
reflected in this article, are hereby undergirded with the following
legal sanctions:
A. If, after the warning notice pursuant to §
87-7 of a first violation by a minor, a parent violates §
87-6 (in connection with a second violation by said minor), this shall be treated as a first offense by the parent. For such first parental offense, a parent shall be fined $25, and for each subsequent offense by a parent, the fine shall be increased by an additional $25 (e.g., $50 for the second, $75 for the third offense). The District Justice, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution and, upon refusal to pay such fine and costs, to be imprisoned in the jail of Bucks County for a period not exceeding 30 days.
B. Any minor who shall violate any of the provisions
of this article more than three times shall be reported by the Managing
Director to a society or organization whose purpose it is to take
charge of incorrigibles and delinquents, and proceedings shall then
be taken, under the Juvenile Act, 42 Pa.C.S.A. § 6301 et
seq., before the Juvenile Court for the treatment, supervision and
rehabilitation of such minor.
C. A like procedure before the juvenile authorities shall
be followed in any case where the imposing of a fine or fines upon
a parent shall not be effective or where, for any other reason, the
provisions of this article cannot be made effective by the imposing
of penalties under this section.
Severability is intended throughout and within
the provisions of this article. If any provision, including, inter
alia, any exception, part, phrase or term or the application thereof
to any person or circumstance, is held invalid, the application to
other persons or circumstances shall not be affected thereby, and
the validity of this article in any and all other respects shall not
be affected thereby. From excess of caution, the Managing Director
is authorized to give advisory opinions, in writing or immediately
reduced to writing, which shall be binding and shall be adhered to
by the police until the chapter is amended in such respect, interpreting
terms, phrases, parts or any provisions. Normally such advisory opinions
shall be in response to good faith, signed letters, addressed to him
at the Township's administration building, questioning as ambiguous,
as having a potentially chilling effect on constitutional rights specifically
invoked or as otherwise invalid, in all three categories with respect
to proposed conduct definitely described. This administrative remedy
must be exhausted prior to presenting to any court a question in any
of said three categories. The Township Council does not intend a result
that is absurd, impossible of execution or unreasonable. It is intended
that this article be held inapplicable in such cases, if any, where
its application would be unconstitutional. A constitutional construction
is intended and shall be given. The Township Council does not intend
to violate the Constitution of the Commonwealth of Pennsylvania or
the Constitution of the United States of America.
The Township Council will continue its evaluation
and updating of this article.
A. Accordingly, there shall be compiled and informally
reported to the Township Council through effective channels all exceptional
cases hereunder of reasonable necessity, the notices of school and
other activities, the Managing Director's special permits and the
Managing Director's regulations hereinbefore authorized, and the Managing
Director's advisory opinions, for consideration by the appropriate
committee and by the Township Council in further updating and continuing
evaluation of this article.
B. For the same reasons, as well as for the implementation
beyond these legal aspects of the basic purposes hereof, the Managing
Director and relevant committees of the Township Council, through
their respective Chairmen, in coordinated efforts, shall work with
existing and may organize voluntary groups and shall stimulate volunteer
leadership in programs of research and of action dealing constructively,
on neighborhood and local bases, with juvenile delinquency and the
prevention, control or containment thereof in all its ramifications
and with practicable steps toward the good life and a better life
for minors 17 or fewer years of age and with the working of this article
community-wide and in individual cases, as one much-needed legal tool
toward that end as well as for continuing present protection of minors
and of other persons and of property and other interests important
to the welfare of the people of the Township of Bristol.
[Adopted 7-14-1999 by Ord. No. 99-9]
As used in this article, the following terms
shall have the meanings indicated:
COMPULSORY SCHOOL AGE
The period of a child's life from the time the child's parents
elect to have the child enter school, which shall be not later than
at the age of eight years, until the age of 17 years. The term shall
not include any child who holds a certificate of graduation from a
regularly accredited senior high school.
ESTABLISHMENT
Any privately owned place of business carried on for profit
or any place of amusement or entertainment to which the public is
invited.
GUARDIAN
Any person other than a parent who has legal guardianship
of a student or is a person in a parental relation, having control
or charge of any student.
HOME EDUCATION PROGRAM
A program conducted, in compliance with the School Code,
by the parent or guardian or such person having legal custody of the
child or children.
PARENT
The natural or adoptive parents of a student.
PUBLIC PLACE
Any public street, highway, road, park, playground, public
building, vacant lot or parking area open to the general public, including
the interior or any motor vehicle being operated upon or parked upon
or standing in or upon any such areas.
SCHOOL
Any institution, public or private, authorized and/or certified
by the School Code.
SCHOOL CODE
The Public School Code of 1949, as amended.
SCHOOL DAY
The time period of any day that students are required to
attend school.
SCHOOL TERM
The period of time elapsing between the opening of schools
in the fall of one year and the closing of schools in the spring of
the following year.
STUDENT
Any person of compulsory school age.
TOWNSHIP
Bristol Township, Bucks County, Pennsylvania.
UNAUTHORIZED ABSENCE
Any absence from school by a student which is not excused
or permitted by school authorities.
[Amended 4-12-2007 by Ord. No. 2007-02]
A. Any police officer or Bristol Township School District
Home and School Visitor who finds a student violating this article
may obtain the information from such student that is required in order
to issue a citation to the student. A copy of the citation and/or
written notice shall be provided to the parent or guardian of the
student by the Chief of Police or his designee advising of the violation.
The student should then be transported to school.
B. Any police officer or Bristol Township School District
Home and School Visitor who is notified by a parent, guardian or person
in parental relation of a student who willfully refuses to attend
school shall obtain permission from the parent, guardian or person
in parental relation to enter the residence of the parent, guardian
or person in parental relation and issue a citation for the violation
of the ordinance to the student and return the student to the public
school in which the student is, or should be, enrolled.
C. If a person suspected of violating this article refuses
to satisfactorily identify himself to a police officer or Bristol
Township School District Home and School Visitor, that person may
be temporarily detained to permit the police officer reasonable opportunity
to determine his/her identity. If it is determined that the suspect
is a student subject to compulsory school attendance, then the parent
or guardian of such student shall be notified and, unless requested
by such parent, guardian or person in parental relation to place said
student in a school other than the public school, the student may
be placed in the public school in which the student is, or should
be, enrolled.