Borough of Clifton Heights, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Clifton Heights 7-6-1973 by Ord. No. 516 (Ch. 6, Part 4, of the 1988 Code of Ordinances). Amendments noted where applicable.]
It shall be unlawful for any minor under the age of 18 years (such persons being defined for the purposes of this chapter as juveniles) to be or remain in or upon any of the streets, sidewalks, parks, public buildings, places of amusement and entertainment or other public places in the Borough of Clifton Heights between the hours of 10:00 p.m. and 6:00 a.m. (prevailing time) on Sunday, Monday, Tuesday, Wednesday, Thursday, and between the hours of 11:00 p.m. and 6:00 a.m. (prevailing time) on Friday and Saturday, unless such juvenile is accompanied by his or her parent, guardian or other adult person having the care and custody of the juvenile or unless the juvenile is performing an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having care and custody of the juvenile. As a warning, a siren to be known as "curfew siren" shall be sounded at 9:45 p.m. on Sunday, Monday, Tuesday, Wednesday, Thursday, and at 10:45 p.m. on Friday and Saturday, after which all juveniles shall be required to be at home or out of the streets, sidewalks, parks, public buildings, places of amusement and entertainment or other public places in the Borough of Clifton Heights, except as hereinafter provided.
The provisions of § 130-1 shall not apply to married persons under the age of 18 who are upon the streets, sidewalks, and public thoroughfares of the Borough of Clifton Heights.
It shall be unlawful for groups of two or more juveniles to congregate on streets, sidewalks, parks, public buildings, places of amusement and entertainment, or other public places in the Borough of Clifton Heights at any time and cause any loud, boisterous and unseemly noise or disturbance to the annoyance or discomfort to the inhabitants of the Borough or users of the public thoroughfares, public parks and public places, and such unlawful activity shall include fighting, use of profane or indecent language, offensive or insulting remarks, the making of unnecessary noise and any word, act or conduct which tends toward the destruction of good morals and any word, act or conduct which tends to interfere with any other person or persons in pursuit of peace, happiness and contentment.
It shall be unlawful for any parent, guardian, or other person having legal care or custody of any juvenile, ward or other person under the age of 18 years to allow or permit any such juvenile, ward or other person under the age of 18 years while in such legal custody to violate the provisions of § 130-1 of this chapter.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
Any police officer of the Borough who finds a juvenile violating the provisions of § 130-1 of this chapter shall obtain information from such juvenile as to his or her name and address, age and the name of his or her parent, guardian, or other adult person having legal custody of such juvenile. The juvenile shall thereupon be instructed to proceed to his home forthwith. The information obtained from the juvenile shall be forwarded to the Clifton Heights Police Department, which shall cause a written notice to be mailed to the parent, guardian or other adult person having legal custody of the juvenile advising of the violation of § 130-1 of this chapter. Any parent, guardian or other adult person having the legal custody of such juvenile which shall violate any provision of § 130-1 of this chapter after having received the notice of a prior violation shall, upon conviction thereof before a Magisterial District Judge, be fined not less than $10 nor more than $600, and costs. Any parent, guardian, or other adult person having the legal custody of such juvenile who shall violate any provision of § 130-1 of this chapter after having been convicted of violation of said chapter shall, upon a second conviction thereof before a Magisterial District Judge, be fined not less than $100 nor more than $600, and costs. Any parent, guardian or other adult person having the legal custody of such juvenile who shall violate any provision of § 130-1 of this chapter after having been convicted of a violation thereof a second time shall, upon conviction thereof upon a third conviction before a Magisterial District Judge, be fined the sum of $600, and costs. In default of the payment of any fines imposed hereunder, said parent, guardian or other adult person having the legal custody of such juvenile shall undergo imprisonment for not more than 30 days. Each violation of the provisions of this chapter shall constitute a separate offense. Any person who aids or abets the violation of the provisions of this chapter by a juvenile and/or his parent, guardian or other adult person having legal custody of such juvenile shall likewise be guilty of the violation of this chapter and shall, upon conviction thereof before a Magisterial District Judge, be liable for the payment of the fines and costs as herein provided and, in default of the payment thereof, shall undergo imprisonment for not more than 90 days.
[Amended 8-15-1988 by Ord. No. 682; 9-19-1988 by Ord. No. 681]
It shall be unlawful for the parent, guardian, or other person having legal custody of the juvenile to permit or allow such juvenile to violate § 130-1 of this chapter. If such parent, guardian or other person having legal custody shall permit such juvenile to violate § 130-1, then, upon conviction thereof before a Magisterial District Judge, such parent, guardian, or other person shall be sentenced to pay a fine of not less than $10 and not more than $600 for the first offense. Any parent, guardian, or other person having legal custody of such juvenile who shall violate § 130-1 of this chapter after having been convicted on violation of said chapter shall, upon a second conviction thereof before a Magisterial District Judge, be fined not less than $100 nor more than $600, and costs. Any parent, guardian, or other person having the legal custody of such juvenile who shall violate § 130-1 of this chapter after having been convicted of a violation thereof a second time shall, upon conviction thereof upon a third conviction before a Magisterial District Judge, be fined the sum of $600, and costs. In default of the payment of any fines imposed hereunder, said parent, guardian or other adult person having the legal custody of such juvenile shall undergo imprisonment for not more than 30 days. Each violation of the provisions of this chapter shall constitute a separate offense. Any person who aids or abets the violation of the provisions of this chapter of a juvenile and/or his parent, guardian, and/or other person having legal custody of the said juvenile shall likewise be guilty of the violation of this chapter and, upon conviction thereof before a Magisterial District Judge, be liable for the payment of the fines and costs as herein provided and, in default of payment thereof, shall undergo imprisonment for not more than 30 days.
The police officers of the Borough, in taking juveniles into custody under this chapter, shall use their discretion in determining the age and identity and, in doubtful cases, may require positive proof, and until such proof is furnished, the officer's judgment shall prevail.
Any parent, guardian or other person having the legal custody and care of any juvenile may make written affidavit in advance to the Department of Police of the Borough of Clifton Heights to permit such juvenile who is employed to be at liberty during the hours prohibited herein in order to go to or from his or her place of employment. Said affidavit shall be executed by said parent, guardian or other person having legal care and custody of any juvenile before a notary public or Magisterial District Judge authorized by law to administer oaths attesting to the facts contained in said affidavit.