[HISTORY: Adopted by the Borough Council of the Borough of Emsworth 11-13-1996
by Ord. No. 881. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 165.
As used in this chapter, the following terms shall have the meanings
indicated:
The Chief of Police of Ohio Township or a designated representative,
or any representative of another police force providing police services to
the Borough of Emsworth.
The shortest path of travel through a public place to reach a final
destination without any detour or stop along the way.
Means, but is not limited to, a fire, a natural disaster, an automobile
accident, or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
Any privately owned place of business operated for a profit to which
the public is invited, including but not limited to any place of amusement
or entertainment.
A place designated by the Chief of Police to which a minor taken
into custody for a violation of this chapter will be delivered to await pick
up by a parent or juvenile authorities.
Any person under 18 years of age.
Any individual, firm, association, partnership, or corporation operating,
managing, or conducting any establishment. The term includes the members or
partners of an association or partnership and the officers of a corporation.
A person who is:
Any street, alley, highway, sidewalk, playground, park, plaza, building,
or other place used by or open to the public.
A.
A minor commits an offense if he remains in any public
place or on the premises of any establishment within the Borough during curfew
hours.
B.
A parent of a minor commits an offense if he knowingly
permits, or by insufficient control allows, the minor to remain in any public
place or on the premises of any establishment within the Borough during curfew
hours.
C.
The owner, operator, or any employee of an establishment
commits an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
A.
It is a defense to prosecution under § 104-2 that the minor was:
(1)
Accompanied by the minor's parent;
(2)
On an errand at the direction of the minor's parent
and was using a direct route;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, including but not
limited to newspaper delivery, and was using a direct route;
(5)
Involved in an emergency;
(6)
On the sidewalk abutting the minor's residence or
abutting the residence of a next-door neighbor if the neighbor did not complain
to the police officer about the minor's presence;
(7)
Attending an official school or religious activity or
returning home by a direct route from an official school or religious activity;
(8)
Exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly; or
(9)
Married or had been married or had disabilities of minority
removed.
B.
C.
When a minor is taken into custody under this section,
the Police Department shall immediately notify a parent to pick up the minor
at the holding location. After a parent arrives at a holding location and
provides the information required by the Chief of Police to file an incident
report, the minor shall be released into the custody of the parent. If a parent
cannot be located or fails to take charge of the minor, the minor shall be
released to the juvenile authorities.
D.
If a minor is not taken into custody for a violation of § 104-2A, the Police Department shall, by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 104-2A and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this chapter. If the minor was found in violation of § 104-2A at an establishment, the Police Department shall, by certified mail, return receipt requested, notify the owner, operator, or employee of the establishment of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator, and employee under this chapter.
A.
Any minor who violates § 104-2A three or more times within any twenty-four-month period is subject to appropriate action by the local District Justice or Juvenile Court, in the discretion of the prosecuting officer.
B.
A parent of a minor who violates § 104-2B shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days.
C.
The owner, operator, or employee of an establishment who violates § 104-2C shall, upon conviction thereof by any District Justice or other court of competent jurisdiction, be sentenced to pay a fine of not more than $600 for each offense, plus costs of prosecution, and, in default of payment of such fine and costs, to imprisonment not to exceed 30 days.
Within 18 months after the passage of this chapter, the Chief of Police
shall review this chapter and make recommendations to the Borough Council
concerning the effectiveness of and the continuing need for the chapter.
