[HISTORY: Adopted by the Borough Council of the Borough of
Muncy 9-2-2003 by Ord. No. 476. Amendments noted where applicable.]
GENERAL REFERENCES
Loitering — See Ch. 184.
As used in this chapter, the following terms shall have the
meanings indicated:
11:00 p.m. to 5:00 a.m., Sunday to Saturday.
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, fire, flood, natural disaster, automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited, including but not limited to any place
of amusement or entertainment.
A person who, under court order, is the guardian of the person
of a minor, or a public or private agency with whom a court has placed
a minor.
Any person less than 17 years of age.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is a natural parent, adoptive parent, or stepparent
at least 18 years of age and authorized by a parent or guardian to
have the care and custody of a minor.
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
To linger or stay, or fail to leave premises when requested
to do so by a police officer or the owner, operator, or other person
in control of the premises.
An adult who is at least 17 years of age and designated in
writing by a parent or a court-appointed guardian of having custody
of a juvenile.
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or loss or impairment
of the function of any bodily member or organ.
Transportation between states to which travel through Muncy
Borough is merely incidental.
Transportation between locations of Pennsylvania to which
any travel through Muncy is merely incidental.
A.Â
A minor commits an offense if he/she remains in any public place
or on the premises of any establishment within the Borough during
curfew hours.
B.Â
A parent or guardian of a minor commits an offense if he knowingly
permits, or by insufficient control, allows the minor to remain in
any public place or on the premises of any establishment within Muncy
Borough during curfew hours.
C.Â
The owner, operator, or any employee of an establishment commits
an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours. It shall not be a violation
when any owner, operator or employee of an establishment promptly
notifies the police department that a juvenile was on the premises
of the establishment during curfew hours and refused to leave upon
being asked to leave.
D.Â
A minor commits an offense if he/she walks, runs, stands, drives
or rides about, in or upon any streets, sidewalks, or alleys, of Muncy
Borough.
It is a defense to prosecution that the minor was:
A.Â
Accompanied by the minor's parent or guardian;
B.Â
On an errand at the direction of the minor's parent or guardian,
without any detour, delay or stop;
C.Â
In a motor vehicle involved in interstate or intrastate travel;
D.Â
Engaged in an employment activity, or going to or returning home
from an employment activity, without detour, delay or stop;
E.Â
Involved in an emergency;
F.Â
On the sidewalk abutting the minor's residence;
G.Â
Either attending an official school, religious, or other activity,
when such activity is supervised by adults, and consented to by Muncy
Borough Council or Muncy Borough Police Chief, or traveling to or
from such activity without detour, delay or stop;
H.Â
Married or emancipated in accordance with state law.
Before taking any enforcement action under this chapter, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this chapter unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in § 134-3 is present.
The officer shall have the authority to transport the juvenile
to his or her home, or to have the parent or guardian pick up the
offender at the Muncy Borough Police Department. The parent or guardian
may request that the officer take the juvenile to the home of an adult
family member, responsible adult, crisis residential center or shelter
care.
Any person who violates a provision of this chapter is guilty
of a summary offense for each day or part of a day during which the
violation is committed, continued or permitted. Each offense, upon
conviction, is punishable by a fine of not less than $25 and not more
than $300 plus costs of prosecution.
