Borough of Saxonburg, PA Chapter 7 Curfew

Part 1 CURFEW

§ 7-101 Definitions and Interpretation.

[Ord. 446, 5/2/2012]

1. For the purposes of this Part 1, the following words shall have the meanings hereby respectively ascribed thereto:

CHILD

Any person under the age of 16 years.

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.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment, and any employee or agent thereof. Whenever used in any section prescribing a penalty, the term "operator" as applied to associations or partnerships shall include the members or partners thereof, and as applied to corporations, officers thereof, and in all cases shall apply to employees or agents.

PARENT

Any natural or adoptive parent or guardian or other adult person responsible for the custody or care of any child.

PUBLIC PLACE

Any public street, alley, sidewalk, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

2. In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.

§ 7-102 Curfew Established.

[Ord. 446, 5/2/2012]

It shall be unlawful for any child under the age of 16 years to remain in or upon any public place or private establishment in the Borough of Saxonburg at any time between the hours of 10:30 p.m. and 6:00 a.m. of the following day.

§ 7-103 Exceptions.

[Ord. 446, 5/2/2012]

The provisions of this Part shall not apply to any child when he is:

A. Accompanied by a parent.

B. Going directly home from a school, church, or Borough-authorized activity.

C. Engaged in gainful, lawful employment during the curfew hours or traveling to or from such employment.

§ 7-104 Prohibited Acts of Parents.

[Ord. 446, 5/2/2012]

It shall be unlawful for any parent to allow a child to remain in or upon a public place or private establishment in violation of this Part.

§ 7-105 Prohibited Acts of Operators.

[Ord. 446, 5/2/2012]

It shall be unlawful for the operator of any private establishment to permit a child to remain in or upon the premises of such private establishment in violation of this Part.

§ 7-106 Enforcement; Penalties.

[Ord. 446, 5/2/2012]

1. Any child found in or upon any public place or private establishment in violation of this Part may be taken into custody by the Borough police, and his parent will be notified. A report of such curfew violator shall be made to the Mayor, who shall keep a record thereof; provided that the Borough police officer shall use his discretion in determining age and in doubtful cases may require proof; and until such proof is furnished, the officer's judgment shall prevail.

2. Any parent who violates § 7-104 of this Part shall, for the first such violation, upon conviction thereof, be sentenced to pay a fine of $50 and costs of prosecution, including reasonable attorneys' fees and costs, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Fines for each subsequent offense within a year shall double, not to exceed $1,000, provided each violation of any such provision shall constitute a separate offense.

3. Any operator who violates § 7-105 of this Part shall, for each and every such violation, upon conviction thereof, be sentenced to pay a fine of not more than $100 and costs of prosecution, including reasonable attorneys' fees and costs, and, in default of payment of such fine and costs, to imprisonment for not more than 30 days. Fines for each subsequent offense within a year shall double, not to exceed $1,000, provided that each violation of any such provision shall constitute a separate offense.

§ 7-107 Procedures for Repeating Violators.

[Ord. 446, 5/2/2012]

Any child who violates this Part more than three times may be reported to the proper county juvenile authorities, and a like procedure may be taken in cases where the arrest of the parent is not effective or where, for any other reason, the provisions of § 7-102 of this Part cannot be enforced by the imposition of fines and penalties.

§ 7-108 Authorization to Execute Documents.

[Ord. 446, 5/2/2012]

The Borough Council of the Borough of Saxonburg is hereby authorized and directed to execute any and all documents necessary to effectuate the purposes of this Part.