[HISTORY: Adopted by the Board of Supervisors of Falls Township 12-29-1980 by Ord. No. 80-14. Amendments noted where applicable.]
The Board of Supervisors of the Township of Falls finds that:
A serious situation has been created by a substantial increase in the number and seriousness of crimes committed by minors against persons and property within the Township, and this has created a menace to the preservation of public peace, safety, health, morals and welfare.
The increase in juvenile delinquency has been caused in part by the large number of minors who are permitted to remain in public places and in certain establishments during night hours without adult supervision.
The problem of juvenile delinquency can be reduced by regulating the hours during which minors may remain in public places and in certain establishments without adult supervision and by imposing certain duties and responsibilities upon the parents or other adult persons who have care and custody of minors.
The following definitions apply to this chapter:
- Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
- Any person under the age of 18 years.
- Any natural or adoptive parent of a minor; a guardian, or any adult person 21 years of age or older, responsible for the care and custody of a minor.
- PRIVATE PROPERTY
- Any privately owned property on which a person enters without the consent of the owner, tenant, occupier or custodian.
- PUBLIC PLACE
- Any public street, highway, road; government-owned park, playground, vacant lot or building; privately owned and government-owned parking areas open to the general public; unattended church property, firehouse, library and railroad property, canal; lawns, roads and public areas of multiple family housing projects and mobile home and industrial parks.
- To loiter, idle, wander, stroll or play in or upon.
It shall be unlawful for any minor to remain in or on any public place or in or on any establishment or on any private property, as above defined, between the hours of 11:00 p.m. and 6:00 a.m. of the following day. On Friday and Saturday nights, the hours shall be from 12:00 midnight to 6:00 a.m. of the following day.
The above curfew provisions shall not apply to any minor who:
Is accompanied by his or her parent.
Is on an errand or other legitimate business directed by his or her parents. Said minors must have a note dated and signed by a parent indicating the time and destination in order for this exception to be applicable.
Is on his or her way directly home from a public recreational facility. Said minor must have a time-stamped receipt from said facility showing that the performance ended after the curfew limit and the time of departure in order to show that he or she is on his or her way home for this exception to be applicable.
Is engaged in gainful employment during those hours. Such minor must have a statement from his or her employer indicating the place of employment and the hours said minor works in order for this exception to be applicable.
Subject to the exceptions set forth in § 112-3B, it shall be unlawful for any parent of a person under the age of 18 years to allow or permit such minor person to be in or remain upon any public place or any establishment or private property, as above defined, after the hours mentioned in § 112-3A aforesaid.
Any police officer who finds a minor violating § 112-3 shall obtain information from such minor sufficient to issue a citation, plus the names of the minor's parents. The minor shall thereupon be instructed to proceed to his or her home forthwith. A copy of the citation and a written notice shall be mailed or personally delivered to the parent of the minor by the police advising of the violation of § 112-3.
If the minor fails to heed the direction of the police officer to proceed home forthwith, the minor shall be taken to police headquarters, and the parent of said minor shall be notified to come and take charge of the minor. If the parent cannot be located or fails to come and take charge of said minor, the juvenile authorities shall be contacted to determine the further disposition of the minor.
If a person suspected of a violation of § 112-3 refuses to satisfactorily identify himself to a police officer, that person shall be taken to police headquarters where the police will attempt to identify the suspect. If it is determined that the suspect is a minor, then the parent of such minor shall be notified to come and take charge of the minor. If the parent of the minor cannot be located or fails to come and take charge of the minor, the juvenile authorities shall be contacted to determine the further disposition of the minor.
[Amended 5-8-1995 by Ord. No. 95-3; 1-25-2001 by Ord. No. 2001-1]
Any minor or parent who violates or permits a violation of this chapter shall be guilty of a summary violation and, upon conviction, shall be sentenced to pay a fine of not more than $1,000, plus all court costs, including reasonable attorney's fees, incurred by the Township in the enforcement of this chapter. Each day a violation exists shall constitute a separate offense. In default of the payment of any fine, the defendant shall be sentenced to imprisonment to the extent allowed by law for the punishment of summary offenses.