[Ordinance 218, June 21, 1960, Section 1; as amended by Ordinance
2002-11, November 19, 2002, Section 1]
It shall be unlawful for persons under 18 years of age (such
persons being defined for the purpose of this ordinance as children) to be or remain in or upon any of the streets,
alleys, parks or public places in the Borough of Mifflinburg at night,
after the hour of 10:00 p.m., unless such child is accompanied by
parent, guardian or other person in loco parentis. After the hour
of 10:00 p.m. all such children shall be required to be at home or
out of the streets, alleys, parks and public places in the Borough,
except as herein provided for. Such children may be on the public
streets when traveling between the child’s home, school, church
or work-related activity after curfew hours.
[Ordinance 218, June 21, 1960, Section 2]
It is hereby made unlawful for any parent, guardian or other
person having legal care or custody of any of the children of the
age above designated, to allow or permit any such child, ward or other person
under such age, while in such legal custody, to go or be in or upon
any of the streets, alleys, parks, or public places in said Borough
after the time prohibited in Section one of this ordinance, except as therein provided.
[Ordinance 218, June 21, 1960, Section 3; as amended by Ordinance
284, July 21, 1970, Section 1; by Ordinance 97-06, August 26, 1997,
Section 2; and by Ordinance 2002-11, November 19, 2002, Section 2]
Any child as above designated (in Section 1 of this Chapter)
found on any of the streets, alleys, parks or public places within
the Borough, in violation of Section 1 of this Chapter, shall be taken
into custody by the Borough Police and delivered to his or her parent,
guardian or other person in loco parentis or person having legal custody
of said child and a fine of not less than $50 nor more than $300 may
be imposed for this violation. If a child shall be convicted for a
second violation of Section 1 of this Chapter, then the child’s
parent, guardian, other person in loco parentis or person having legal
custody of said child so offending shall upon conviction thereof be
sentenced to pay a fine of not less than $50 nor more than $300, and
costs and, in default of the payment of such fine and costs, to be
imprisoned for not more than five days and a like fine or imprisonment
shall be imposed upon any person aiding or abetting the violation
of the intent and purpose of this Chapter.
[Ordinance 218, June 21, 1960, Section 4]
The police officers of the Borough in taking children into custody
under this ordinance shall use their discretion in determining age, and in
doubtful cases may require positive proof, and until such proof is
furnished, the officer’s judgment shall prevail.