[HISTORY: Adopted by the Borough Council of the Borough of Mars 9-8-1997 by Ord. No. 392. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning appears from the text:
- A person under the age of 18 years.
- Any natural parent of a minor, as herein defined, or a guardian or any adult person responsible for the care and custody of a minor. When used in this chapter "parent" shall mean one or both parents.
- PUBLIC PLACE
- Any public street, alley, sidewalk, park, playground, public building, or vacant lot in the Borough of Mars, Butler County, Pennsylvania.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
This chapter prescribes, in accordance with prevailing community standards, regulations for the conduct of minors on streets at night for the protection of younger children in the Borough of Mars from each other and from other persons on the streets during nighttime hours; for the enforcement of parental control and responsibility for their children; for the protection of the public from nocturnal mischief by minors; and for the reduction of the incidents of juvenile criminal activity, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare.
It shall be unlawful for any minor to be in or remain in or upon any public highway, park or other public place within the Borough of Mars, Butler County, Pennsylvania, or in any enclosure or vehicle which is on or in close proximity to any such public place between the hours of 10:00 p.m. and 6:00 a.m. on the following day, except as follows:
Those minors within this age category, when accompanied by a parent or guardian having legal custody of such minor.
Those minors lawfully employed, en route to or returning from their place of employment.
Those minors who are members of a volunteer fire department who are en route to or returning from emergency duties as permitted by fire department regulations.
Those minors returning home from church, school or community-sponsored functions which they attended and for which they possess a signed, written statement by their parent, dated that day, which refers to the event and the time that the minor shall be returning therefrom; provided further, however, that this exception shall not apply between the hours of 12:00 midnight and 6:00 a.m.
It is hereby made unlawful for any parent, guardian or the person having legal care or custody of a minor to allow or permit such a minor to violate any of the provisions of this chapter without legal justification therefor.
Any minor found upon streets, alleys, parks, recreation facilities, or public places in violation of § 112-3 hereof shall be taken into custody by the Mars Borough Police or legally deputized individual and be delivered to his parent, who shall be given a copy of this chapter. A record of such incident shall be made by the Borough Police. In the event of a second violation of the provisions of this chapter, as ascertained by the Police Department records, the parents of any such minor shall be charged with a violation of this chapter and shall, upon conviction thereof, be sentenced to pay a fine of not more than $300, together with costs of prosecution, and, in default of payment of said fine and costs, to be committed to the Butler County Prison for a term not to exceed 90 days.
Any minor who is a frequent or habitual offender of the provisions of this chapter and is or is likely to be incapable of control by his parents may, at the discretion of the Borough Chief of Police, be reported to a society or organization, the purpose of which is to take charge of incorrigibles or delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor.
The police officers of the Borough of Mars, in taking any minor into custody under this chapter, shall use their discretion in determining age and, in questionable cases, may require positive proof of age. Until such proof is furnished, the officer's judgment shall be decisive.
The provisions of this chapter may be extended by the Mayor or, in his absence, the President of the Borough Council, as to age of persons and hours of coverage, as necessary in the event there is a riot, public uprising, disaster, or other breach of the peace which creates an actual or imminent danger to persons or property in or near the Borough of Mars. The emergency provisions for such extension shall not be for longer than 48 hours, except by approval of the Borough Council.