Stand outside of events sponsored and operated by a governmental entity, educational institution or nonprofit religious, charitable, benevolent, fraternal or social organization creating a nuisance.

Congregate outside a public or parochial school on public or private property.  

Public Place: This means any place to which the public or a substantial group of the public has access and shall include, but is not limited to, streets, highways, and the common area of schools, community center, public library, college, shopping centers, apartment houses, office buildings, transportation facilities, ice rinks, and shops. 

Remain: Means to linger or stay, or fail to leave premises when requested to do so by a Police Officer, Security Guards, or the owner, operator, or other person in control of the premises. 

Offenses: (a)      A minor commits an offense if he remains in any public place or on the premises of any establishment within the Township of Aston during curfew hours. (b)      A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the Township of Aston during curfew hours. (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. 

Enforcement: Before taking any enforcement action under this section, a Police Officer shall ask the apparent offender’s age and reason for being in the public place.

 

640.01        MINOR’S CURFEW.

(a) No minor under the age of eighteen years shall be or remain in or upon any of the streets, parks, public buildings, places of amusement and entertainment or other public places in the Township between the hours of 9:30 p.m. and daybreak of the day following, on Sunday through Thursday inclusive, and between the hours of 11:00 p.m. and daybreak of the day following, on Friday and Saturday of each week, unless such minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or unless the minor is upon an emergency errand of legitimate business directed by his or her parent, guardian or other adult having the care and custody of the minor.

(b) The police officers of the Township, in taking minors into custody under this chapter, shall use their discretion in determining the age of the minor. In doubtful cases, such police officers may require positive proof. Until such proof is furnished, the officers’ judgment shall prevail.

(c) The Board of Township Commissioners, when it deems the action necessary, may, by a duly enacted resolution, alter the curfew hours, and may provide that the altered curfew hours will apply only in limited areas of the Township. However, no such alteration of the curfew hours shall be effective for a period longer than thirty days.

          (d)  In the following exceptional cases, in addition to those set forth in subsection (a) hereof, a minor on a Township street during the prohibited hours shall not be considered in violation of the provisions of this section:

                (1)  When returning home by a direct route from a school activity or an activity of a religious or other voluntary association;

               (2)  When the minor’s employment so requires it; and

     (3)  Such other pursuits of the minor similar to those described in subsection (a) and paragraphs (d)(1) and (d)(2) hereof. (Ord. 453. Passed 7-20-77; Ord. 740. Passed 10-28-95.)

1998 Replacement

         

 

         640.30 BEHAVIOR OF PERSONS STANDING IN LINE

It shall be unlawful for any person or group of persons standing in line for the purchase of tickets for special events to: 

(a) Interfere or impede the free passage of pedestrians or vehicular traffic.

(b) Interfere, obstruct, harass, curse, threaten or do physical harm to another member of the public or their property.

(c) Create a reasonable likelihood of a breach of the peace, disorderly conduct, or cause annoyance, inconvenience or alarm or to create a risk thereof.

(d) Stand outside of events sponsored and operated by a governmental entity, educational institution or non-profit religious, charitable, benevolent, fraternal or social organization creating a nuisance: or

(d) Congregate outside a public or parochial school on public or property.  

        640.31 TIME LIMIT ON LINE FORMATION PRIOR TO SALE

It shall be unlawful for any person or group of persons to stand in line for the purchase of tickets to special events for a period in excess of two (2) hours prior to the commencement of ticket sales for that event.  

        640.40 EXCEPTIONS

In the following exception al circumstances a minor in or upon any public assembly, building, place, street or highway in the Township during or after curfew hours provided for in Sections 640.01, shall not be considered in violation of this Chapter.:

(a) When the minor is accompanied by a parent or guardian;

(b) When accompanied by an adult authorized by a parent or guardian or such minor;

(c ) When 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 provided that written notice signed by the minor and countersigned by a parent is in the possession of such minor specifying when, where and what manner said minor will be exercising such First Amendment Rights;

(d) In case of reasonable necessity but only after such minor's parent has communicated to the division of police the facts establishing such reasonable necessity;

( e) When the minor is on the sidewalk contiguous to the place where such minor resides, or on the sidewalk contiguous to a next-door neighbor who has not communicated an objection to a police officer or the division of police;

(f) When returning home by a direct route from and within one (1) hour of the termination of a school activity or any activity of a religious or other voluntary association provided that justification indicating the place and time of termination of said event can be given to any investigating officer of the division of police;

(g) When authorized by regulation issued by the Township Commissioners in cases of reasonable necessity involving more minors that may reasonable be dealt with on an individual basis. Such regulation should be issued sufficiently in advance to permit publicity through new media and through other agencies such as the schools. The regulation shall define the activity, the scope of the use of the public assembly, building, place, street or highway permitted and the period of time involved not to exceed more than one (1) hour beyond the time for termination of the activity, and the reason for finding that such regulation is reasonably necessary. The Commissioners shall notify the division of police of said Information; and

(h) When engaged in a business or occupations which the laws of Pennsylvania authorize a person under the age of 18 to perform.  

    640.90 ENFORCEMENT

Before taking any enforcement action under this Chapter, a police officer shall ask the apparent minor offender=s age and reason for being in the public place.

    640.99 PARENTAL VIOLATION AND PENALTIES 

(a) Any minor violating any of the sections contained in this Chapter, shall

be taken into custody by the Township police and delivered to his or her parents, guardian or other person having the legal custody of such minor.

(b) Any parent, as herein defined, who knowingly permits a minor to violate the provisions of this Chapter shall, upon conviction thereof before a Magisterial District Judge, to be fined as follows:

(1) For the first offense, fifty dollars ($50.00)

(2) For the second offense, seventy-five dollars ($75.00). (3) For the third offense, one hundred dollars ($100.00)

(4) For the fourth and subsequent offenses, three hundred Dollars ($300.00).

(c) Each violation of this Chapter shall constitute a separate offense. Any person who aids or abets the violation of any of the subsections of this Chapter by a minor and/or his or her parent, guardian or other adult person having the care and custody of the minor shall likewise be liable for the payment of the fines herein provided.

(Ord. 824 Passed 4-20-2005 Effective 10 days here after)

2005 Replacement