[HISTORY: Adopted by the Borough Council of the Borough of
Mount Jewett 10-3-1983 by Ord.
No. 169. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern standard time except from the last Sunday in April
to the last Sunday in October, when it shall be Eastern daylight saving
time.
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include the members or partners
thereof and as applied to corporations shall include the officers
thereof.
Any natural parent of a minor, a guardian, or any adult person
legally responsible for the care and custody of a minor.
Any public street, highway, road, alley, park, playground,
public building, or vacant lot.
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 ordinary or serious purposes such as mere
passage or going home.
A.
It shall be unlawful for any minor to remain in or upon any public
place or any establishment between the hours of 10:00 p.m. and 6:00
a.m. of the following day, official city time, except that on Fridays
and Saturdays the hours shall be from 11:30 p.m. to 6:00 a.m.
B.
The provisions of this section shall not apply to any minor accompanied
by a parent, or to a minor upon an errand or other legitimate business
directed by such minor's parent, or to any minor who is engaged in
gainful lawful employment during the curfew hours.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
It shall be unlawful for any parent knowingly to permit any minor
to remain in or upon any public place or any establishment between
the hours of 10:00 p.m. and 6:00 a.m. of the following day, official
time, except that on Fridays and Saturdays the hours shall be from
11:30 p.m. to 6:00 a.m.
B.
The provisions of this section shall not apply to any minor accompanied
by a parent, or to a minor upon an errand or other legitimate business
directed by such minor's parent, or to any minor who is engaged in
gainful lawful employment during the curfew hours.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
It shall be unlawful for any operator of any establishment or their
agents or employees knowingly to permit any minor to remain upon the
premises of said establishment between the hours of 10:00 p.m. and
6:00 a.m. of the following day, official time, except that on Fridays
and Saturdays the hours shall be from 11:30 p.m. to 6:00 a.m.
B.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
Any police officer who finds a minor violating the provisions of
this chapter shall obtain information from such minor as to his name,
address, and age, and the name and address of his parent or parents.
The minor shall thereupon be instructed to proceed to his home forthwith
and, if possible, shall be accompanied by the police officer. The
police officer shall ascertain, if possible, if the parent or parents
are at home and, if so, shall notify them verbally of the violation
of both the parent and the child. If the parent or parents are not
found at home, the police officer shall make such report to his superior
officer. In all cases, whether or not verbal notice has been given,
a written notice shall also be mailed to the parent or parents of
the minor advising them of the violation.
B.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor, pay a fine of not more than $600,
plus court costs and reasonable attorneys' fees incurred by the Borough
in the enforcement proceedings. If the penalty is not paid, the Borough
shall initiate a civil action for collection in accordance with the
Pennsylvania Rules of Civil Procedure. Each day a violation exists
shall constitute a separate offense, and each section of this chapter
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this chapter in equity in the Court of Common Pleas of McKean County.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Where there are special events, programs or functions by properly
organized and supervised organizations to advance legitimate recreation,
character development, religious training and school activities in
the building of good citizenship in young people, the Mayor shall
grant special license in such cases upon receipt of notice thereof
and the provisions of the chapter shall be suspended in regard to
participation in the licensed activity.
The provisions of this chapter are severable, and if any provisions
shall be held illegal, invalid or unconstitutional, such illegality,
invalidity or unconstitutionality shall not affect or impair any of
the remaining provisions. It is hereby declared to be the intent of
the City Council that this chapter would have been adopted if such
illegal, invalid or unconstitutional provisions had not been included
herein.
Any prior inconsistent ordinance or ordinances, or part thereof,
is hereby expressly repealed.
