(1) 1. Any police officer who finds a minor in prima
facie violation of the provisions of
10-303(1):
[33] (a) Shall obtain
information from such minor as to his or her name and address, age and the
identity of the minor's parent, guardian or other
custodian.
(b) Shall take any of the following actions which he or she
believes necessary to best protect the interest of the minor and the
community:
i. Instruct the minor to proceed to his or her home
forthwith; or
ii. Transport the minor to his or her home forthwith;
or
iii. Transport the minor to the appropriate district police
station, where without unnecessary delay, the officer or a superior officer may
issue a citation. The officer shall immediately notify the parent, guardian or
other custodian of the minor's whereabouts. When a parent, guardian or
other custodian arrives at the station, the minor will be released to the
custody of said parent, guardian or other custodian, who shall thereupon be
issued written notice that the minor has violated the provisions of 10-303(1).
If a parent or guardian or custodian cannot be located within a reasonable time,
the minor shall be released, unless other action is warranted under and pursuant
to the pertinent provisions of the Juvenile Act (42 Pa. C.S.A. 6301, et
seq.).
2. The information taken from the minor pursuant to Section 1(a)
shall be forwarded to the Juvenile Bureau which shall cause a written notice to
be mailed to the parent, guardian or custodian advising of the violation and
penalties of provision of 10-303(1).
3. Any minor who shall violate
10-303(1) shall be guilty of a summary offense and may be fined not more than
one hundred fifty (150) dollars for the first violation, and from two hundred
(200) dollars to three hundred (300) dollars for each succeeding violation. If
the fine, together with costs is not paid within 10 days, the minor shall be
proceeded against under the pertinent provisions of the Juvenile Act (42 Pa.
C.S.A. 6301, et seq.). The court may in its discretion suspend the fine if the
offender agrees to and does in fact perform such community service as the court
deems appropriate.
[34] (2) Any parent
who shall violate any provision of § 10-304 after having received notice of
a prior violation shall be fined fifty (50) dollars, for the first violation,
and one hundred (100) dollars to three hundred (300) dollars for each succeeding
violation.
[35] (3) Upon violation of
the provisions of § 10-303(2), any parent whose child under the age of
eighteen (18) years is found liable or is adjudged guilty by a court of
competent jurisdiction of a willful tortious act resulting in injury to the
person, or theft, destruction or loss of property of another, shall be liable to
the person who suffers the injury, theft, destruction or the loss to the extent
set forth in Act of General Assembly No. 58, July 27, 1967, pertaining to
Parent's Liability.
(4) Any operator of an establishment and any
agent or employee of any operator who shall violate the provisions of §
10-305 shall be fined not less than $150 nor more than $300 for each
violation.
[36] (5) Any owner/operator
of an establishment regulated under the provisions of § 14-1605 of The
Philadelphia Code and any agent or employee of said owner/operator who shall
violate the provisions of § 10-305 shall also be subject to immediate
revocation of their business privilege license as provided for in § 19-2602
of The Philadelphia
Code.
[37] (6) Repeat Offenders. Any
person who violates any provision of § 10-304 after having received notice
of two or more prior violations, shall be guilty of a separate offense of Repeat
Violation, and for each such Repeat Violation, shall be subject to a fine of not
more than three hundred (300) dollars, or imprisonment for not more than ninety
(90) days, or both. A person shall be guilty of a Repeat Violation regardless
whether the second or subsequent violation occurs before or after a judicial
finding of a first or previous violation. Each violation, after the first, shall
constitute a separate Repeat Violation
offense.
[38] (7) Repeat Offenders. Any
person who violates, on more than one occasion, any provision of § 10-305,
shall be guilty of a separate offense of Repeat Violation, and for each such
Repeat Violation, shall be subject to a fine of not more than three hundred
(300) dollars, or imprisonment for not more than ninety (90) days, or both. A
person shall be guilty of a Repeat Violation regardless whether the second or
subsequent violation occurs before or after a judicial finding of a first or
previous violation. Each violation, after the first, shall constitute a separate
Repeat Violation offense.
[39] (8) Each
violation of the provisions of this Chapter shall constitute a separate
offense.
[40]