[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:
Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough of Milton;
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
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.
- CURFEW HOURS
- 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. 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);
- B. A person who is the biological or adoptive parent with whom a minor regularly resides;
- C. A person judicially appointed as a legal guardian of the minor.
- PUBLIC PLACE
- 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.
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:
The minor is accompanied by a parent;
The minor is involved in an emergency;
The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop;
The minor is on the sidewalk directly abutting a place where he or she resides with a parent;
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;
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;
The minor is involved in interstate travel through, or beginning or terminating in, the Borough of Milton; or
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:
Take the minor into custody to be delivered to the Milton Police Department and contact the parents of the minor;
Escort the minor to his or her home, or usual place of abode, and contact the parent of the minor.
Release the minor to the juvenile authorities if a parent cannot be located or fails to take charge of the minor.
The parent or legal guardian of the minor shall be notified in writing of each violation,
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.
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.
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.