[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:
A person 18 years of age or older.
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.
The time then prevailing, be it Eastern Standard Time or
Daylight Savings Time.
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:
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.
