Township of Richland, PA Curfew

An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes but is not limited to a fire, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ESTABLISHMENT

Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.

GUARDIAN

A person who, under court order, is the guardian of the person of a minor; or

A public or private agency with whom a minor has been placed by a court.

MINOR

Any person under 18 years of age.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT

A person who is:

A natural parent, adoptive parent or stepparent of another person; or

At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE

Any place to which the public or a substantial group of the public has access, and includes but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops and malls.

REMAIN

To:

Linger or stay; or

Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

SERIOUS BODILY INJURY

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

TOWNSHIP

Richland Township.

§ 117-2 Enumeration of offenses.

A minor commits an offense if he remains in any public place or on the premises of any establishment within the township during curfew hours.

A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, a minor to remain in any public place or on the premises of any establishment within the township during curfew hours after having received notice from the Township Police Department of a prior violation. A conviction before a District Justice shall not be required to constitute notice of a prior violation for purposes of this chapter.

The owner, operator or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

§ 117-3 Defenses.

It is a defense to prosecution under § 117-2 that the minor was:

(1)

Accompanied by the minor's parent or guardian;

(2)

On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3)

In a motor vehicle involved in interstate travel;

(4)

Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5)

Involved in an emergency;

(6)

On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department about the minor's presence;

(7)

Attending an official school, religious or other recreational activity supervised by adults and sponsored by the township, Richland School District, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults, a civic organization or another similar entity that takes responsibility for the minor;

(8)

Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or

(9)

Married or had been married or had disabilities of minority removed in accordance with Pennsylvania law.

It is a defense to prosecution under § 117-2 that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 117-4 Enforcement.

Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 117-3 is present.

§ 117-5 Violations and penalties.

Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice 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 costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

When required by the Juvenile Act of the Commonwealth of Pennsylvania, the magisterial court shall refer the matter to the juvenile court.

All fines imposed and collected shall be paid to Richland Township.

§ 117-6 Title.

This chapter shall be cited as the "Richland Township Curfew Ordinance."