[HISTORY: Adopted by the Borough Council of the Borough of Dalton 9-12-1996 by Ord. No. 2-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Amusements — See Ch. 139, Art. I.
A. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
CUSTODIAN
A person having care or custody of a minor.
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
LEGITIMATE EVENT
A sponsored, scheduled event (excluding parties given at a private residence).
MINOR
Any person under the age of 18 years.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. Whenever used in any clause prescribing a penalty, "operator," as applied to an association or partnership, includes the member or partners thereof and, as applied to a corporation, includes the officers thereof.
PARENT
Any natural parent of any minor, a guardian or any adult person 21 years of age or over responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, sidewalk, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
B. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. "Shall" is always mandatory and not merely directory.
This Chapter 175, Curfew, prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets at night; for the protection of younger children in the Dalton Borough from each other and from other persons on the street during nighttime hours; for the enforcement of parental control and responsibility for their children; for the protection of the public from nocturnal mischief by minors; and for the reduction of the incidents of juvenile criminal activity, all for the good of minors, for the furtherance of family responsibility, and for the public good, safety and welfare.
A. 
No minor shall remain in or upon any public place or any establishment between the hours of 11:00 p.m. and 6:00 a.m. of the following day.
B. 
The provisions of this section shall not apply to any minor accompanied by a parent, guardian or custodian or to a minor upon an errand or other legitimate business directed by such minor's parents or to a minor attending any legitimate event or to any minor who is engaged in gainful, lawful employment during the curfew hours.
C. 
The provisions of this section shall not apply to any minor attending or traveling to and from any official scheduled artistic, civic, cultural, educational, religious, social or sporting event.
No parent, guardian or custodian of a minor shall allow or permit such minor to remain in or upon any public place or any establishment in violation of § 175-3.
No operator of an establishment or the operator's agent or employee shall allow or permit such minor to remain in or upon any public place or any establishment in violation of § 175-3.
Any minor found upon the street, alleys, parks or public places within the Dalton Borough in violation of § 175-3 shall be taken into custody by the Dalton police or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow the minor to be on the streets, alleys, parks or public places in violation of § 175-3, said parent, guardian, or person having the legal custody of said minor so offending shall, upon the second offense, be called along with the offender and be so advised once again as to the penalty provisions contained in this chapter. Upon the third violation, said parent, guardian or person will be cited for the violation.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Dalton officials, be reported to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of § 175-3 of this chapter cannot be made effective by the imposition of fines an penalties.
The police officers of the Dalton Borough in taking minors into custody shall use their discretion in determining age, and, in doubtful cases, may require positive proof of age. Until such proof is furnished, the officer's judgment shall prevail.
A. 
Liability of parent. Any parent, guardian or custodian who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to undergo imprisonment for not more than 30 days, provided that each violation of any provision of this chapter and each day the same is continued shall be deemed a separate offense.
B. 
Liability of an operator of establishment. Any operator of an establishment and any agent or employee thereof who violates any provision of § 175-5 shall be fined not more than $1,000 or imprisoned for not more than 30 days, or both. Each day of continuing violation shall be deemed a separate offense.
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Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
This chapter is enacted by the Borough of Dalton under the authority of the Act of Legislature, February 1, (1966) 1965, P.L. 1656, No. 581, known as the Borough Code, § 1005, as recodified and amended (see now 8 Pa.C.S.A. § 1005), and any other applicable law arising under the laws of the Commonwealth of Pennsylvania.