[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Borough.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets for emergencies or ordinary purposes such as
mere passage of going home.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
This is a curfew ordinance 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 Borough from
each other and from other persons on the streets 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 incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
1.
It shall be unlawful for any minor to be or remain in or upon any
public highway, park or other public place within the Borough, or
in any enclosure or vehicle which is on or in close proximity to any
such public place within the Borough, between the hours of 11:00 p.m.
and 6:00 a.m. on the following day. Exceptions to the above are the
following:
A.
Minor accompanied by parent, guardian, or other person having legal
care or custody of such minor.
B.
Minor possessing a written statement dated that day and signed by
parent, guardian, or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Part.
C.
Minor lawfully employed making it necessary to be on or in highways,
streets, parks, etc., as stated above and possessing a current letter
certifying the same and signed by employer, parent or guardian.
D.
Minor on an emergency errand.
E.
Minor traveling to and from church, school or municipal activity
with parental permission statement as in Subsection 1B above.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
It is hereby made unlawful for any parent, guardian, or the
person having the legal care or custody of a minor to allow or permit
such minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994;
and by Ord. No. 325, 11/12/2007]
Any minor found upon the streets, alleys, parks or public places within the Borough in violation of § 6-202 shall be taken into custody by any duly sworn police officer or law enforcement officer, be delivered to his parent(s), guardian, or person having the legal custody of said minor, and be given a copy of this Part. 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 him to be on the streets, alleys, parks or public places in violation of § 6-202, 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 Part. Upon the third violation, said parent, guardian or person will be cited for the violation.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
Any minor who shall violate this Part more than three times may, at the discretion of the proper Borough 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 § 6-202 of this Part cannot be made effective by the imposition of fines and penalties.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994;
and by Ord. No. 325, 11/12/2007]
Any duly sworn police officer or law enforcement officer who
takes a minor 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.
[Ord. No. 212, 10/9/1972; as amended by Ord. No. 288, 8/8/1994]
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, to imprisonment for a term
not to exceed 30 days.
