[HISTORY: Adopted by the Board of Supervisors of the Township of
Richland 9-2-1994 by Ord. No. 237. Amendments noted where applicable.]
As used in this chapter, the below terms shall have the following meanings:
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.
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.
Any person under 18 years of age.
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.
A person who is:
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.
To:
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.
Richland Township.
A.
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.
B.
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.
C.
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.
A.
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.
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.
A.
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]
B.
When required by the Juvenile Act of the Commonwealth
of Pennsylvania, the magisterial court shall refer the matter to the juvenile
court.
C.
All fines imposed and collected shall be paid to Richland
Township.
This chapter shall be cited as the "Richland Township Curfew Ordinance."
