[HISTORY: Adopted by the Mayor and Council
of the Borough of Hamburg 3-7-1977 as Sec. 3-2 of the 1976 Revised General Ordinances. Amendments
noted where applicable.]
The Mayor and Borough Council have determined
that conditions exist and circumstances have occurred within the Borough
which have been a source of annoyance to the residents of the Borough
and as a result thereof now deem it necessary in order to abate those
causes creating the disturbances to regulate the activities of all
minors under the age of 18 years so as to preserve, protect and promote
the public health, safety and welfare of the citizens of the Borough.
It shall be unlawful hereafter for any minor
under the age of 18 years to loiter, idle, wander, play or remain
in or be upon the public sidewalks, streets, parks, playgrounds and
other public grounds, vacant lots, public places and buildings, place
of amusement, entertainment or places of business conducted for profit
to which the public is invited and all other public or quasi-public
places either on foot or in any vehicle within the confines of the
Borough between the hours of 9:00 p.m. and 6:00 a.m. of the following
day; provided, however, that the provisions of this chapter shall
not apply to any minor accompanied by his/her parent or parents, guardian
or other adult person having the care or custody of such minor.
It shall be unlawful for the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years to knowingly permit such minor to violate § 101-2.
[Amended 2-4-2019 by Ord. No. 02-2019; 10-3-2022 by Ord. No. 09-2022]
Whenever any minor under the age of 18 years is apprehended or arrested for violating § 101-2, the Chief of Police, or the arresting officer, shall notify the parent, guardian or other person having custody of such minor of such arrest.
A.
Whenever any minor under the age of 18 years is apprehended or arrested and the parent, guardian or other adult person having the care or custody of such minor is arrested pursuant to § 101-3 hereof and proof submitted before the Municipal Court establishing that the minor violated any provision of § 101-2 hereof, then it shall be presumed, in absence of proof to the contrary, that the parent, guardian or other adult person having the care or custody of such minor knowingly permitted such minor to do so.
B.
If it be established that the parent, guardian or other adult person having the care or custody of any minor under the age of 18 years was duly notified pursuant to § 101-4 that such minor had been arrested for a violation of § 101-2, and it be further established that such minor subsequently violated any provision of § 101-2 then it shall be presumed, in the absence of proof to the contrary, that such parent, guardian or adult person knowingly permitted such subsequent violation.
The provisions of this chapter shall not apply
to any minor below the age of 18 years who shall be gainfully employed,
who shall be a bona fide student of a school of evening instruction,
who shall be in attendance at a function sponsored by a religious,
civic or school organization, or who shall be in attendance at a properly
supervised recreational program during the time necessarily required
to travel between such minor's residence and the place of assembly.
It shall be unlawful for any owner or operator of any establishment as described in § 101-2 to suffer or permit such minor to loiter, idle, wander, stroll or play in or remain in or be upon the public streets and all other places as set forth in § 101-2 during the times therein set forth subject to the provisions contained in § 101-2.
