[HISTORY: Adopted by the Borough Council
of the Borough of Milton 6-23-2004 by Ord. No. 1146. Amendments noted where
applicable.]
The purpose of this chapter is as follows:
A.
Promote the general welfare and protect the general
public through the reduction of juvenile violence and crime within
the Borough of Milton;
B.
Promote the safety and well-being of the Borough's
youngest citizens, persons under the age of 18, whose inexperience
renders them particularly vulnerable to becoming participants in unlawful
activities, particularly unlawful drug activities, and to being victimized
by older perpetrators of crime; and
C.
Foster and strengthen parental responsibility for
children.
The following words and phrases shall have the
definitions ascribed to them:
A regulation to restrict outdoor activities of minors in
public places within the Borough of Milton.
Sunday through Thursday nights, the hours of 11:00 p.m. to
6:00 a.m. of the following morning. On Saturday and Sunday mornings,
the hours of midnight to 6:00 A.M.
Unforeseen circumstances, or the status or conditions resulting
therefrom, requiring immediate action to safeguard life, health or
property. The term includes, but is not limited to, fires, natural
disasters, automobile accidents, or other similar circumstances.
Any person less than 18 years of age, unless the individual
is legally married or legally declared an emancipated minor.
A person who is a minor's biological or adoptive
parent and who has legal custody of a minor (including either parent,
if custody is shared under a court order or agreement);
A person who is the biological or adoptive parent
with whom a minor regularly resides;
A person judicially appointed as a legal guardian
of the minor.
Any place to which the public has access, including but not
limited to streets, highways, alleys, parks, sidewalks, and any buildings,
facilities or businesses open to the public.
Refers to the following actions:
A.
It shall be unlawful for any minor to be in, or remain
in, any public place in the Borough of Milton, or to be in, or remain
in, any motor vehicle operated in or parked in any public place in
the Borough of Milton during curfew hours, except under the following
circumstances:
(1)
The minor is accompanied by a parent;
(2)
The minor is involved in an emergency;
(3)
The minor is engaged in an employment activity, or
is going to or returning home from such activity, without detour or
stop;
(4)
The minor is on the sidewalk directly abutting a place
where he or she resides with a parent;
(5)
The minor is attending, or en route to or from, a
special function of activity sponsored by an educational, religious,
civic, athletic, or nonprofit organization that requires the minor
to be in a public place. This organization shall register with either
the Borough of Milton or the Milton Police Department;
(6)
The minor is on a specific errand on a specific date
at the direction of a parent, and the minor has in his or her possession
a writing signed by the parent containing the following information:
the date, name, signature, address and telephone number of the parent
authorizing the errand, the telephone number where the parent may
be reached during the errand, the name of the minor, a brief description
of the errand, the minor's destination(s) and the hours the minor
is authorized to be engaged in the errand;
(7)
The minor is involved in interstate travel through,
or beginning or terminating in, the Borough of Milton; or
(8)
The minor is 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.
Any police officer, upon finding a minor in
violation of the curfew, shall determine the name and address of such
minor and inform such minor that he or she is in violation of the
Borough curfew and may, at the discretion of the officer:
A.
Take the minor into custody to be delivered to the
Milton Police Department and contact the parents of the minor;
B.
Escort the minor to his or her home, or usual place
of abode, and contact the parent of the minor.
C.
Release the minor to the juvenile authorities if a
parent cannot be located or fails to take charge of the minor.
D.
The parent or legal guardian of the minor shall be
notified in writing of each violation,
A.
The first time a minor is found in violation of this
chapter, a written warning shall be issued to the minor and his or
her parent.
B.
Any minor who violates the provisions of this chapter
a second time shall, upon a conviction before a District Justice,
be subject to the sentence of community service and/or a fine of $25.
C.
If the minor violates the provisions of this chapter for a third or subsequent time, he or she shall, upon a conviction before a District Justice, be subject to a sentence of community service and/or a fine of $50 for each incident, and the parents or guardian having custody of the minor, after having been previously notified of these violations, shall, upon conviction before a District Justice for violation of § 115-3B of this chapter, be fined the sum of $100 for each violation.
