[HISTORY: Adopted by the Board of Supervisors of the Township of
German as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-1999 by Ord. No. 199]
As used in this article, the following terms shall have the meanings
indicated:
The Township of German, Fayette County, Pennsylvania.
It shall be unlawful for any person under 18 years of age to be or remain
upon any street or alley or other public place in the Township after 10:00
p.m. unless:
A.
Such person is physically accompanied by a parent or
guardian or other person having legal custody of such minor;
B.
In the performance of duty or case of necessity as directed
by such parent, guardian or other person having legal custody; or
C.
Such person is in lawful employment making it necessary
to be in such places after 10:00 p.m.
The curfew provisions of § 6-2 hereof shall not apply in any of the following situations:
A.
If and when the lawfully recognized school year is in
recess or on other nights preceding school holidays, when such curfew time
shall be 11:00 p.m.; and
It shall be unlawful for anyone having the legal care and custody of
any person as described above to allow or permit such person to go or be upon
any public street, alley or other public place in the Township in the nighttime
as restricted in the preceding sections, except in case of necessity.
Every member of the police, as well as the German Township Code Enforcement
Officer and all constables, are hereby authorized to detain any such minor
willfully violating the provisions of this article until the parent or guardian
of the minor shall take him or her into custody. Such officer shall immediately
upon taking custody of the minor, attempt to communicate with the parent or
guardian. All such officers are hereby authorized to institute summary criminal
proceedings as set forth herein.
The penalties for any person or persons who violate or permit a violation
of any part of this article shall be as follows:
A.
If it is a first violation of this article, the officer
may release the offender with a warning to one or both parents, or other lawful
custodian, if they agree to come and take the minor into his, her or their
custody.
B.
If it is a violation of this article after such warning
is personally communicated to the lawful custodian of such child, the parent
or parents, guardian or other person having custody of such minor shall, upon
conviction thereof in summary proceedings, be sentenced to pay a fine of not
less than $100 nor more than $600 and costs, and in default of payment thereof,
to undergo imprisonment for a period not in excess of 90 days; provided, however,
that if the Magisterial District Judge determines that the defendant is without
the financial means to pay the fines and costs immediately or in a single
remittance, such defendant shall be permitted to pay the fines or costs in
installments and over such periods of time as the Magisterial District Judge
deems to be just.
C.
If it is a third or subsequent violation of this article,
in addition to the penalties set forth above, said minor shall be placed with
the proper juvenile authorities in order that the proper proceedings may be
taken as provided by statute.
This article shall be enforced in accordance with the provisions of
the 2nd Class Township Code.
