[HISTORY: Adopted by the Borough Council
of the Borough of Mars 9-8-1997 by Ord. No. 392. Amendments noted where
applicable.]
A.
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning appears from
the text:
- MINOR
- A person under the age of 18 years.
- PARENT
- 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.
B.
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.
A.
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:
(1)
Those minors within this age category, when accompanied
by a parent or guardian having legal custody of such minor.
(2)
Those minors lawfully employed, en route to or returning
from their place of employment.
(3)
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.
(4)
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.
