[HISTORY: Adopted by the Mayor and Council of the Borough of Buena 10-25-1977 by Ord. No. 228. Amendments noted where applicable.]
Parental responsibility — See Ch. 168.
This chapter shall be known and may be cited as the "Curfew Ordinance of the Borough of Buena."
The Borough Council of the Borough of Buena, by reason of conditions which exist and of circumstances that have occurred within the Borough which have been a source of annoyance and public concern to the residents within the Borough and to others lawfully using public and quasi-public streets and places in the Borough of Buena, deems it necessary, proper, advisable and in the best interests of the public to regulate the use of public and quasi-public streets and places in the Borough by any minor not yet attaining the age of 17 years for the maintenance of good order and the protection of persons and property and for the preservation of the public health, safety and welfare of the Borough and its residents and others lawfully using the public and quasi-public streets and places in the Borough.
Whenever used or referred to in this chapter, the following terms shall have the respective meanings for the purposes of this chapter unless a different meaning clearly appears from the context:
- Parent or parents, legal guardian or other adult person having custody, care or control of a minor with the consent of the parent or parents or legal guardian.
- To linger, loaf, lounge or otherwise spend time idly and without good cause or purpose.
- PUBLIC PLACE
- Every civic and publicly owned building, park, playground and other places of general public gathering or congregation.
- PUBLIC STREET
- Every highway, road, trail, alley, fire lane or other way that is open to the use of the public for vehicular or pedestrian traffic.
- QUASI-PUBLIC PLACE
- Every privately owned building or other place of public accommodation or use or building or other place open to the general public and all vacant lots or other unsupervised areas within the limits of the Borough not readily under the control or supervision of the owner.
- QUASI-PUBLIC STREET
- Every highway, road, trail, fire lane, alley or other way dedicated to the public use but which is unopened or unaccepted by the municipality.
It shall be unlawful hereafter for any minor not yet attaining the age of 17 years, regardless of his place of residence, to loiter, idle, wander, stroll, play, remain in or be upon the public streets and places or quasi-public streets and places either on foot or in any vehicle within the Borough of Buena after the hour of 9:30 p.m., prevailing time, and before the hour of 6:00 a.m. the following day, prevailing time.
Except as hereinafter provided, it shall be unlawful hereafter for any custodian of a minor not attaining the age of 17 years to allow or permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public and quasi-public streets and places in the Borough of Buena in violation of § 92-4 of this chapter, where such custodian knew or should have known that such minor would be in violation of § 92-4.
The provisions of this chapter shall not apply to:
Any minor not attaining the age of 17 years who shall be gainfully and lawfully employed or who shall be an enrolled evening student at any bona fide school, college or university or who shall be in attendance at any evening function sponsored by a religious, school, civic or other properly accredited organization for the time necessarily required for such minor to travel from his residence to and from any of the aforesaid places as may be involved.
Any such minor accompanied by his custodian or where the minor is upon an emergency errand or legitimate business directed by his custodian.
All officers or officials charged with law enforcement within said Borough are hereby authorized, empowered and directed to enforce the provisions of this chapter.
Upon the first violation of this chapter by a minor not attaining the age of 17 years, the apprehending officer or official shall take the said minor into protective custody and make a complete record of the circumstances under which the said minor was first seen or discovered in the apparent violation of this chapter. Such record shall include the name and address of the minor, the name and address of the custodian having legal or other obligation for the said minor's well being and the nature of the said obligation such as parent, guardian, etc. Upon completion of this record, the minor shall be released in the custody of said minor's custodian or shall be returned to his or her home or place of residence, and, subsequently, a certified letter, return receipt requested, shall be sent by the Police Department to each minor's custodian advising the custodian of this chapter, of the facts and circumstances of the violation and of the possible penalties and future proceedings that may result from additional violations.
Upon a second or subsequent violation of this chapter by a minor not attaining the age of 17 years, the apprehending officer or official shall proceed as set forth in Subsection A of this section. A written complaint shall then be issued against said minor and proceedings shall be instituted in the Juvenile Court having jurisdiction as permitted by law, penalties to be there assessed by the Court at its discretion.