Borough of Burnham, PA
Mifflin County
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Table of Contents
Table of Contents
[Ord. 1995-2, 3/14/1995]
Except in necessary defense of person and property and except as provided in § 102 of this Part, it shall be unlawful for any person to use, fire or discharge any gun or other firearm within the Borough.
[Ord. 1995-2, 3/14/1995]
This Part shall not apply to:
A. 
Persons licensed to hunt in this Commonwealth while actually engaged in hunting where permitted under the laws of the Commonwealth of Pennsylvania.
B. 
Members of any organization incorporated under laws of this Commonwealth engaged in target shooting upon the grounds or property belonging to or under the control of such organization.
C. 
Any law enforcement officers when used in the discharge of their official duties.
[Ord. 1995-2, 3/14/1995]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 and costs, and in default of payment of said fine and costs, to imprisonment for a term not to exceed 30 days.
[Ord. 2003-4, 10/6/2003, § 1]
The purpose of this Part is to establish certain hours of the day during which children under the age of 16 years are not to be in a public place or outdoors at a place not owned or leased by a parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, unless accompanied by a parent, guardian or adult person then having temporary custody of said child under the age of 16 years or to whom the parent or legal guardian has expressly or impliedly entrusted the temporary care or charge of said child under the age of 16 years. The curfew hereby established is in order to protect younger children during nighttime hours, to reduce mischief by children under the age of 16 years, and to assure the health, safety and welfare of children under the age of 16 years by mandating that said children are in the care, custody and control of a parent, guardian or adult person then having temporary custody of that child under the age of 16 years or to whom the parent or guardian has expressly or impliedly entrusted the temporary care or charge of said child under the age of 16 years, to require adults to assume responsibility for the care and safety of children under the age of 16 years then in their care or charge and to otherwise provide for the health, peace and safety of children under the age of 16 years and the residents of the Borough of Burnham.
[Ord. 2003-4, 10/6/2003, § 1]
The following terms shall have the meaning set forth hereinafter for purposes of this Part:
ADULT
A person 18 years of age or older.
CURFEW PERIOD
The time during which, per this Part, children under the age of 16 years are enjoined and required to withdraw from public places or the outdoors at a place not owned or leased by a parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years.
OFFICIAL TIME
The time then prevailing, be it Eastern Standard Time or Daylight Savings Time.
PUBLIC PLACE
Any public street, highway, road, alley, park, public sidewalk, public playground, public building or a vacant lot.
[Ord. 2003-4, 10/6/2003, § 1]
The curfew period for children under the age of 16 years within the Borough of Burnham, Mifflin County, Pennsylvania, shall begin at 10:30 p.m. each night and shall continue until 5:00 a.m. on the immediately following morning, at which time it will end.
[Ord. 2003-4, 10/6/2003, § 1]
The time when the curfew period begins under § 203 of this Part may be suspended by the Mayor or, after formal action duly taken by Borough Council, by the President of Borough Council on a day when there is an evening school event, an evening civic event, an evening public event or the like during which, in the opinion of the Mayor or Borough Council, acting through the President of Borough Council, it is deemed reasonable to suspend or delay the beginning time of the curfew period. In such cases, if the time in which the curfew period is to begin is suspended or delayed, the curfew period shall begin 1/2 hour after the concluding time of the event, which concluding time of the event shall be publicly announced by the Mayor or by the President of Borough Council, as applicable, at the time that he or she proclaims the suspension or delay of the curfew period. Due notice of the suspension or delay of the curfew period shall be given, in writing, to the Chief of the Police Department at the time of the public announcement thereof.
[Ord. 2003-4, 10/6/2003, § 1]
As a public service or accommodation, the Borough may cause or arrange for a warning whistle to be sounded, such as a fire whistle or the like, 1/2 hour prior to the beginning of the curfew period. If the beginning of the curfew period is suspended or delayed as per § 204 of this Part, the warning whistle shall be sounded at the concluding time of the event as announced by the Mayor or President of Borough Council at the time of the public announcement of the suspension or delay of the curfew period. Nonetheless, failure of the Borough of Burnham to cause or arrange for a warning whistle to sound or otherwise the failure of a warning whistle to sound shall not delay the beginning of the curfew period.
[Ord. 2003-4, 10/6/2003, § 1]
It shall be the duty of every parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years to ensure that during the curfew period the child is not to be at any public place or outdoors within the Borough of Burnham at a place which is not owned or leased by that parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years (whether on foot, on a means of transport such as a bicycle or the like or in a motor vehicle), unless:
A. 
The child under the age of 16 years is accompanied by a parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years.
B. 
The child under the age of 16 years (or the parent, guardian or adult person then having temporary custody or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years), has a reason which is believed by a police officer to be a justification for the child under the age of 16 years being at such place and at such time not otherwise permitted per § 203 and otherwise of this Part (the reason being such that a person of ordinary intelligence and prudence with an understanding of common everyday affairs and events would deem to be a justification).
[Ord. 2003-4, 10/6/2003, § 1]
1. 
Should a police officer find that a child under the age of 16 years is outdoors within the Borough of Burnham at a place which is not owned or leased by a parent, guardian or adult person then having temporary custody or to whom a parent or legal guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years or at a public place during the curfew period and determine that there has been a violation of this Part, the police officer shall deliver (or make arrangements to deliver) the child under the age of 16 years to the parent, guardian or adult person then having temporary custody or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, and shall maintain a record of the violation. Should the police officer not be able to contact or locate the parent, guardian or adult person then having temporary custody or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, or if it is determined that it is not reasonable or practical to contact or locate the parent, guardian or adult person then having temporary custody or to whom a parent or guardian has expressly or impliedly entrusted temporary care or charge of said child under the age of 16 years, the police officer may deliver or release the child under the age of 16 years to a relative or to a friend of the child who is 18 years of age or older and whom the police officer reasonably determines to be a responsible adult person.
2. 
Within seven days after the violation, a copy of the report of the violation and a statement of the number of prior reports of violation involving the same child under the age of 16 years shall be mailed by U.S. Mail, first class, postage prepaid, or hand delivered by a police officer to the parent, guardian or other adult person who has legal custody or charge of the child under the age of 16 years. The Police Department shall note on the report of the violation kept at the Police Department the following:
A. 
The fact that a copy of the report of violation has been mailed or hand delivered to the parent, guardian or other adult person who has legal custody or charge of the child under the age of 16 years and the name and address of the person to whom it was mailed or hand delivered.
B. 
The date of the mailing and post office where mailed or the date, time and place of hand delivery of a copy of the report and to whom it was delivered, as applicable.
3. 
A record of the report(s) of violation(s) in relation to this Part shall be maintained by the Police Department in a log book, a file or file system, or other like record-keeping and record retention system (such as a computerized police administration or management software program or system or the like) for recording, maintaining and tracking reports of curfew violations.
4. 
A police officer shall require positive proof of age or, in default thereof, shall use his discretion in determining age of the child until such time as positive proof of age is provided.
[Ord. 2003-4, 10/6/2003, § 1]
1. 
Upon two reports of violations being on file with the Police Department, as per § 207 of this Part, in relation to the same child, the second and each and every subsequent violation shall be a summary offense and each violation shall constitute a separate offense. A citation or a summary offense complaint, as applicable, may be filed with the District Justice:
A. 
Against the parent, guardian or other person having legal custody or who was in charge of the child at the time of the second or any subsequent violation.
B. 
Against the child under the age of 16 years if, at the time of the second or subsequent violation, the child was 13 years of age or older.
2. 
Upon conviction of a violation under the provisions of this Part, the parent, guardian or other person having legal custody or charge of the child shall be sentenced to pay a fine not more than $600 and costs and, in default of payment of said fine and costs, shall be sentenced to imprisonment for a term not to exceed 30 days.
3. 
Upon conviction of a violation under the provisions of this Part, the child under the age of 16 years convicted of the offense shall be sentenced to pay a fine of not more than $50 and the costs of prosecution.
4. 
In addition to or in lieu of any fine imposed under this Section, the District Justice or Judge, as applicable, may order that the parent, guardian or other person having legal custody or charge of the child to perform community service and also may order the child under the age of 16 years to perform community service.