[HISTORY: Adopted by the Borough Council of the Borough of
Green Tree 7-7-1980 by Ord. No. 953 (Ch. 642 of the 1982 Code). Amendments
noted where applicable.]
The purposes of this chapter are to provide for the protection
of the public health, safety, morals and general welfare, the reduction
in the incidence of criminal activity associated with loitering, and
the enforcement of parental control of children and the responsibility
of parents and guardians for their children and wards.
[Amended 4-19-1982 by Ord. No. 993]
As used in this chapter, the following terms shall have the
meanings indicated:
Remaining idle in essentially one location and includes the
concept of spending time idly loafing and wandering around aimlessly.
A person under the age of 18 years.
An adult person having the care or custody of a minor as
a natural or adoptive parent, legal guardian, a person who stands
in loco parentis or a person to whom legal custody has been given
by court order.
A place to which the general public has access, and includes
streets, highways, roads, alleys and sidewalks. "Public place" also
includes the front or immediate area of a store, shop, restaurant,
tavern or other place of business and also public grounds, areas and
parks, as well as parking lots or other vacant property not owned
by or under the control of a person charged with violating any of
the provisions of this chapter or, in the case of a minor, not owned
or under the control of his or her parent or guardian.
No person shall loiter either alone and/or in consort with others
in a public place in such a manner so as to:
A.Â
Obstruct a public place by hindering or impeding or tending to hinder
or impede the free and uninterrupted passage of vehicles, traffic
or pedestrians;
B.Â
Commit in or upon a public place an act or thing which is an obstruction
of or interference with the free and uninterrupted use of property
or with any business lawfully conducted by anyone in, upon, facing
or fronting on such public place, all of which prevents the free and
uninterrupted ingress, egress and regress therein, thereon and thereto;
C.Â
Obstruct or interfere with any person lawfully in a public place;
D.Â
Make or cause to be made any loud, boisterous and unreasonable noise
with the intent to cause public inconvenience, annoyance or alarm
or recklessly creating a risk thereof; or
E.Â
Making abusive remarks or epithets directed to a person which have
a tendency to create an immediate threat to public safety, peace or
order, including abusive remarks of a racial, religious, ethnic or
sexist nature.
[Added 4-19-1982 by Ord. No. 993]
A.Â
Hours. No minor shall remain, idle, wander, stroll or play in a public
place on foot or cruise about without a set destination in any vehicle
in, about or upon any place in the Borough between 10:00 p.m. and
5:00 a.m. of the following day, unless accompanied by a parent, guardian
or other adult person having the care, custody or control of the minor,
unless the minor is on an emergency errand or a specific business
or activity directed or permitted by his or her parent, guardian or
other adult person having the care, custody or control of the minor
or unless the presence of such minor is connected with or required
by any legitimate employment, trade, profession or occupation.
B.Â
Duty of owners of public places. No person who operates or has charge
of a public place shall knowingly permit the presence of minors in
such public place between 10:00 p.m. and 5:00 a.m. of the following
day.
C.Â
Duty of parents. No parent, guardian or other adult person having
the care, custody or control of a minor shall permit or, by inefficient
and/or lack of control, allow such minor to be on the streets or sidewalks
or on or in any public property or public place in the Borough between
10:00 p.m. and 5:00 a.m. of the following day. However, this section
does not apply if a minor is accompanied by his or her parent, guardian
or other adult person having the care, custody or control of the minor;
if the minor is on an emergency errand or specific business or activity
directed by his or her parent, guardian or other adult having the
care, custody or control of the minor; or if the parent, guardian,
custodian or other adult person has made a missing person notification
to the Police Department.
D.Â
Exception for special functions. Subsection B hereof does not apply to a minor who attends a special function or entertainment by a church, school, club or other organization that requires such minor to be out at a later hour than that called for in Subsection A hereof. A minor who attends such a function shall be at his or her residence or usual place of abode within 1/2 hour after such function has ended.
A.Â
When a person causes or commits any of the acts enumerated in § 210-3, a police officer or other law enforcement officer shall order such person to stop causing or committing such an act and to move on or disperse.
B.Â
The police officer or other law enforcement officer shall also inform
such person that:
[Amended 4-19-1982 by Ord. No. 993]
A.Â
If a minor violates any of the provisions of § 210-3 or 210-4, the police officer or other law enforcement officer shall obtain information from such minor as to his or her name, address and age and the name of his or her parents. The minor shall thereupon be instructed to proceed to his or her residence forthwith.
B.Â
The information obtained from the minor, together with a report of the incident, shall be forwarded to the Police Chief, who shall cause a written notice to be mailed (certified and return receipt requested) to the parents of the minor, advising them of the violation of this chapter and of their responsibilities as set forth in § 210-7.
[Added 4-19-1982 by Ord. No. 993]
A parent who, after having received a written notice of his
or her minor's violation of this chapter, knowingly permits or
allows such minor again to violate any of the provisions of this chapter
shall be in violation of this chapter and subject to its penalties.
As used in this section, "knowingly" includes knowledge which a parent
should reasonably be expected to have concerning the whereabouts,
activities or conduct of a minor in that parent's legal custody.
It is intended to continue to keep neglectful or careless parents
up to a reasonable community standard of parental responsibility through
an objective test.
B.Â
Whoever violates any of the provisions of § 210-4 shall be fined not more than $25 for the first violation, $50 for the second violation, and from $50 to $300 for each succeeding violation, and shall be imprisoned not more than 10 days in an appropriate detention facility if the fine and the costs of prosecution are not paid within 10 days. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
[Added 4-19-1982 by Ord. No. 993]
