Borough of Jacobus, PA
York County
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[HISTORY: Adopted by the Borough Council of the Borough of Jacobus 8-5-1992 by Ord. No. 111 (Ch. 6, Part 2, of the 1984 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 156.
Unless the context clearly indicates the contrary, the following definitions shall apply in this chapter:
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL BOROUGH TIME
Eastern standard time, except from the last Sunday in April to the last Sunday in October, during which it shall be Eastern daylight saving time.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment, and, whenever used in any clause prescribing a penalty, the term "operator," as applied to associations or partnerships, shall include the members or partners thereof and, as applied to corporations, shall include the officers thereof.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll, play or be in or upon.
A. 
No minor shall remain in or upon any public place or any establishment between the hours of 12:00 midnight and 6:00 a.m., official Borough time.
B. 
The provisions of this section shall not apply to any minor accompanied by a parent or to a minor upon an errand or other legal business directed by such minor's parent or to any minor who is engaged in gainful, lawful employment during the curfew hours.
A. 
No operator of an establishment or their agents or employees shall knowingly permit any minor to remain upon the premises of said establishment between the hours of 12:00 midnight and 6:00 a.m., official Borough time.
B. 
The provisions of this section shall not apply to any operator of an establishment or their agents or employees with regard to a minor employed by the operator and engaged in gainful, lawful employment by the operator during the curfew hours.
A. 
Any police officer who finds a minor violating any provision of § 98-2 may issue a citation immediately to the minor, constituting a summary violation, and may then take the minor home, if feasible, or may take the minor to police headquarters and request a parent to come to headquarters for the minor.
B. 
Any police officer who finds an operator of an establishment or their agents or employees violating any provisions of § 98-3 may issue a citation immediately to the operator of the establishment or their agents or employees, constituting a summary violation.
C. 
Any minor who shall be adjudged to be in violation of this chapter in a summary criminal proceeding before the Magisterial District Justice as provided for by the Pennsylvania Rules of Civil Procedure shall, upon a finding of a violation, be subject to a fine of not less than $100 and not more than $450, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, and in default of payment of said fines and costs, the Magisterial District Justice shall forward the citation to the York County Juvenile Probation Office.
[Amended 7-3-2013 by Ord. No. 2013-3]
D. 
Any operator of an establishment, their employees or agents who shall be adjudged to be in violation of this chapter in a summary criminal proceeding before the Magisterial District Justice as provided for by the Pennsylvania Rules of Civil Procedure shall, upon a finding of a violation, be subject to a fine of not less than $300 and not more than $600, plus costs of prosecution, including court costs and reasonable attorney fees incurred by the Borough to prosecute the violation, and in default of payment of said fines and costs, such operator, employee or agent may be subject to imprisonment for not more than 30 days.
[Amended 7-3-2013 by Ord. No. 2013-3]