[HISTORY: Adopted by the Borough Council of the Borough of Langhorne 3-13-2002 by Ord. No. 2002-06. Amendments noted where applicable.]
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
BOROUGH
The Borough of Langhorne, Bucks County, Pennsylvania.
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 adult person other than a parent who has legal guardianship of a minor, who is a stepparent of a minor, or who is a person in a parental relation having control or charge of any minor.
MINOR
For the purposes of this chapter only, a minor shall be defined as any person under the age of 16 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The "operator" as applied to associations or partnerships shall include all the members or partners thereof and as applied to a corporation shall include the officers of the Board and of the corporation.
PARENT
Any natural or adoptive parents of a minor. When used in this chapter, "parent" shall mean one or both parents.
PUBLIC PLACE
Any public street, highway, road, alley, right-of-way, park, playground, cemetery, building open to the public, governmental building, vacant lot or parking area accessible by the general public in the Borough of Langhorne, including the interior of any motor vehicle being operated upon or parked upon or standing in or upon any such area.
REMAIN
To stay behind, to play in or upon, to tarry, to loiter or to stay unnecessarily upon streets or in public places, including the congregating of groups (or of interacting minors) totaling three or more persons; excluding any minor involved determined to be using the streets for emergencies or ordinary purposes such as mere passage of going home.
B. 
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter, unless the context clearly indicates otherwise.
This is a curfew ordinance prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets and in public places at night, for the protection of younger children in the Borough from each other and from other persons on the streets and in public places during the 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.
A. 
It shall be unlawful for any minor to be, remain, remain in, play in or play upon any public highway, street, park, place or establishment; or to wander or to stroll upon public streets or rights-of-way; or to be, remain or remain in the parking lot or sidewalk area of a commercial or business establishment or center; or in any enclosure or vehicle which is on or in close proximity to any such public place or commercial/business establishment or center, at the following times:
(1) 
On and from September 1 until June 14, between the hours of 11:00 p.m. and 6:00 a.m. on the following day on Sundays, Mondays, Tuesdays, Wednesdays and Thursdays;
(2) 
On and from September 1 until June 14, between the hours of 11:59 p.m. and 6:00 a.m. on the following day on Fridays and Saturdays; and
(3) 
On and from June 15 until August 31, between the hours of 11:59 p.m. and 6:00 a.m. on the following day on all days of the week and weekend.
B. 
Exceptions to the above are the following:
(1) 
Minor accompanied by parent, guardian, or other person having legal care or custody of such minor;
(2) 
Minor possessing a written statement dated that day and signed by parent, guardian or other person having the legal care and 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;
(3) 
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;
(4) 
Minor on an emergency errand; or
(5) 
Minor traveling to and from school, church, sports or municipal activity with parental permission statement as described above.
C. 
It shall be 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 thereof.
D. 
It shall be unlawful for any operator or manager of an establishment or his agents or employees to allow a minor to remain upon the premises, sidewalks or parking areas of said establishment during the hours set forth in Subsection A(1) and (2).
A. 
First contact. Any minor found upon the streets, alleys, parks, other public places or commercial/business establishments within the Borough in violation of the provisions of this chapter shall be detained by the Borough of Langhorne Police or legally deputized individual. Said officer shall obtain information from such minor as to his name, address, age, the name of his parent(s) or guardian(s) and such other information as is necessary to issue a citation to a minor. The minor shall thereupon be instructed to proceed to his home forthwith. If the minor fails to heed the direction of the police officer to proceed to his home forthwith, then the minor may be taken to the Police Department and the parent, guardian or custodian notified to come and take charge of such minor. If the parent, guardian or custodian cannot be found or fails to come and take charge of the minor, the police officer may contact Bucks County Children and Youth or Bucks County Juvenile Probation or such other agency involved in the care and control of minors to determine further disposition of the minor. A written notice and a copy of this chapter shall be delivered to the minor and his parent(s), guardian(s) or person(s) having the legal custody of said minor. A police report shall be filed and kept of said contact and notice.
B. 
Second contact. Upon the second violation, said parent, guardian or other person and said minor offender shall be cited for the violation.
C. 
Any police officer who is notified by a parent, guardian or person in parental relation, of a minor who willfully refuses to comply with the provision of this chapter, may obtain permission from the parent, guardian or person in parental relation, to enter the residence of the parent, guardian or person in parental relation to confront the minor or to take custody of the minor if the minor is at another location. The officer shall issue a citation for the violation of the chapter to the minor, and if the minor is at a location other than his home, shall notify the parent, guardian or custodian to come and take charge of this minor. If a parent, guardian or custodian does not take charge of the minor, the officer may return the minor to his home.
D. 
If a person suspected of violating this chapter refuses to satisfactorily identify himself to a police officer, that person may be temporarily detained to permit the police officer reasonable opportunity to determine his identity and his age. The police officer shall use his discretion in determining age and in doubtful cases may require proof of age. Until such proof is furnished, the officer's judgment shall prevail.
E. 
The operator, owner or manager of an establishment who permits minors to violate the provisions of this chapter shall be given a verbal warning and a copy of this chapter. If police officers again respond to the same location, the operator, owner or manager of the establishment, whether the same operator, owner or manager who was given a verbal warning or a successor or later hire, shall be cited for the violation. A police report shall be filed and kept of each said contact, notice, violation or citation.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A. 
Any person, firm, establishment or corporation who, after a warning, fails to comply with this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The failure by a minor to pay the fine or perform community service shall result in referral to juvenile probation and not in the issuance of an arrest warrant.
B. 
The minor, along with his parents, guardians or other persons having legal custody of said minor, must attend and appear at a hearing established by the Magisterial District Judge.
C. 
In lieu of or in addition to any other sentence imposed under this chapter, the Magisterial District Judge may order the minor and/or his parents, guardians or other persons having legal custody of said minor to perform community service for a period not to exceed six months.
Whenever the requirements of this chapter are in conflict with other requirements of the ordinances of the Borough or state and federal laws, the most restrictive, or those imposing the higher standards, shall govern.
If any section of provision of this chapter shall be declared by a court of competent jurisdiction to be unconstitutional, illegal, or invalid, such decision shall not affect or impair the validity of the remaining provisions, sections, sentences or part of this chapter other than that portion specifically declared invalid. It is hereby declared as the intent of Borough Council that this chapter would have been adopted had such invalid portion not been included herein.