[HISTORY: Adopted by the Borough Council of the Borough of Colwyn 9-18-1961 by Ord. No. 252, approved 9-18-1961; amended in its entirety 10-8-1992 by Ord. No. 471, approved 10-8-1992. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 35.
Amusements — See Ch. 37.
Parks and recreation — See Ch. 103.
Public places — See Ch. 116.
As used in this chapter, the following definitions shall apply:
ESTABLISHMENT
Any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
MINOR
Any person under the age of 18 years.
OFFICIAL BOROUGH TIME
Eastern standard time, except that Eastern daylight saving time shall apply at such time as the same is in effect.
OPERATOR
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.
PARENT
Any natural parent of a minor, a guardian or any adult person 21 years of age or over responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
A. 
No minor shall 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 day following, official Borough time, except that on Fridays and Saturdays the hours shall be from 10:30 p.m. to 6:00 a.m. of the following day.
[Amended 12-9-2004 by Ord. No. 517]
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.
A. 
No parent shall knowingly 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 Borough time, except that on Fridays and Saturdays the hours shall be from 10:30 p.m. to 6:00 a.m. of the following day.
[Amended 12-9-2004 by Ord. No. 517]
B. 
The provisions of this section shall not apply to any parent who accompanies a minor or to a parent who directs a minor upon an errand or other legitimate business or to any parent of a minor engaged in gainful lawful employment during the curfew hours.
[Amended 12-9-2004 by Ord. No. 517]
No operator of an establishment or his agents or employees shall knowingly 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 Borough time, except that on Fridays and Saturdays the hours shall be from 10:30 p.m. to 6:00 a.m. of the following day.
Any police officer who finds a minor violating any provisions of this chapter shall obtain information from each minor as to his name, address and age, and the name of his parent or parents. The Police Department shall transmit written notice to the parent or parents of the minor and the operator of the establishment, if applicable, advising of the violation of this chapter.
A. 
Any minor who shall violate any provision of this chapter, shall upon conviction thereof, be subject to a fine of not less than $100 nor more than $500 plus costs of prosecution.
[Amended 12-9-2004 by Ord. No. 517]
B. 
Any parent or operator of an establishment and any agents or employees of any operator who shall violate any provision of this chapter, after having received notice of a prior violation, shall, upon conviction thereof, each be subject to a fine of not less than $100 nor more than $500 plus costs of prosecution and/or imprisonment for not more than 30 days.
[Amended 12-9-2004 by Ord. No. 517]
C. 
Each violation of the provisions of this chapter shall constitute a separate offense.
The provisions of this chapter are severable and if any section, clause, sentence, part or provision thereof shall be held to be illegal, invalid, or unconstitutional, the decision of the court shall not affect or impair the remaining parts or provisions of this chapter. It is determined and declared to be the intent of the Borough Council of Colwyn Borough that this chapter would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence, part or provisions had not been included therein.