[HISTORY: Adopted by the Borough Council of the Borough of Freedom 8-10-1964 by Ord. No. 352; amended in its entirety 4-13-1994 by Ord. No. 492. Subsequent amendments noted where applicable.]
This chapter shall be known as the "Curfew Ordinance of 1964."
The Council of the Borough of Freedom, being cognizant of the problem of juvenile delinquency and believing that it can be dealt with more effectively by regulating the hours during which minors less than 18 years of age may remain in public places and certain establishments without adult supervision and by defining more clearly certain duties and responsibilities upon those who have the custody and responsibility for the care of such minors, directs that in the administration and enforcement of this chapter the fundamental purpose of reducing juvenile delinquency shall be foremost.
A. 
In this chapter, the following definitions shall apply:
AFTER HOURS
The period of time each night specified in Subsection B below.
ESTABLISHMENT
Any privately owned place of business, any place of amusement or entertainment to which the public is invited and any similar place.
MINOR OR MINORS
Any person less than 18 years of age. For the purpose of the chapter, any person shall be deemed to be 18 years of age on the date of his or her 18th birthday and not before that time.
OPERATOR
An individual, firm, association, partnership or operation owning, operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the word "operator" as applied to association or partnership shall include the members, partners, officers and managers thereof or any of them and as applied to corporations shall include officers and managers thereof or any of them.
PARENT
The natural parent or guardian or adult person 21 years of age or over responsible for the custody or care of any minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, vacant lot, public building, railway station, bus terminal or similar place.
REMAIN
Loiter, idle, wander, stroll, play or be.
B. 
In this chapter, minors shall not remain unsupervised in public places after hours, i.e., between 10:00 p.m. and 6:30 a.m.
[Amended 1-14-2009 by Ord. No. 562]
It shall be unlawful for any minor to remain in or upon any public place or establishment in the Borough of Freedom after hours unless accompanied by a parent or upon an errand of other legitimate business directed by a parent or unless engaged in gainful, lawful employment after hours, in which case said minor shall carry written identification and evidence of employment.
It shall be unlawful for any operator of an establishment knowingly to permit any minor to remain on or upon the premises of said establishment after hours.
Each violation of the provisions of this chapter shall constitute a separate offense.
A. 
Any police officer who finds a minor violating any provisions of this chapter shall endeavor to obtain the name, age, date of birth and address of the minor and the names of the minor's parents. The minor shall thereupon either be brought to the police station and the parents notified or shall be taken or instructed to proceed directly to his home. The information obtained from the minor, together with a full report, shall be transmitted to the Chief of Police, who shall cause a written notice to be delivered, mailed or otherwise to the parents of the minor violating this chapter. A record of all violations shall be kept.
B. 
Any police officer of the Borough of Freedom in taking a minor into custody under this chapter shall use his or her discretion in determining age and in doubtful cases may require positive proof, and until such proof is furnished, the officer's judgment shall prevail.
A. 
Any parent who shall permit a minor to violate provisions of this chapter after having received notice of a prior violation shall, after conviction, be sentenced to pay a fine not to exceed $600 plus costs and, in default of payment thereof, shall be subject to imprisonment in the Beaver County Jail for a period not to exceed 30 days.
B. 
Any operator who shall violate this chapter shall, upon conviction thereof, be sentenced to pay a fine not to exceed $600 plus costs and, in default of payment thereof, shall be subject to imprisonment in the Beaver County Jail for a period not to exceed 30 days.
C. 
Any minor who shall violate this chapter more than three tmes shall be reported to a society, department of government or organization whose purpose is to take charge of incorrigibles and delinquents, and proceedings will be then taken in the Juvenile Division of the Court of Common Pleas for his permanent welfare, and a like procedure shall be taken in the cases where the arrest of the parent or operator shall not be effective or where for any other reason the provisions of this chapter cannot be made effective by fines and penalties imposed thereunder.
The Chief of Police is hereby authorized from time to time to promulgate such rules and regulations, including the extension of hours for special occasions, as in his sole and controlled discretion shall be necessary or useful in the enforcement of this chapter.