[Ord. 565, 11/24/2008, § 6.5.01]
1. Violence in our community committed by and against minors is a cause
of great concern for the immediate health, safety and general welfare
of our citizens. The Borough highly values the health, safety and
general welfare of our minors and has a vested interest in preserving
and nurturing them as a valuable asset and investment in Edinboro's
future. Persons under the age of 16 are vulnerable to be pressured
to participate in violent unlawful activities and to be victims of
perpetrators of violent crimes due to their general lack of maturity
and experience. Minors who are present in public places during the
late night and early morning hours are particularly vulnerable to
being victimized and abused. The Borough needs effective tools available
to protect minors from the dangers that exist in the late night and
early morning hours at public places.
2. The Council for the Home Rule Borough of Edinboro, recognizing the
problem of crimes committed by and committed against minors during
the late night and early morning hours and believing that it can be
dealt with more effectively by regulating the hours during which minors
may remain in public places and certain establishments without adult
supervision, and by defining more clearly certain duties and responsibilities
upon those who have custody and responsibility for the care of such
minors, hereby enacts this Part with the intent of promoting the general
welfare and protecting the general public through the reduction of
juvenile violence and crime within the Home Rule Borough of Edinboro,
promoting the safety and welfare of the Borough's minors whose
youth and inexperience renders them particularly vulnerable to becoming
participants in criminal activity and victims of perpetrators of crime,
and fostering and strengthening parental responsibility for children.
[Ord. 565, 11/24/2008, § 6.5.02]
The following words, phrases, whenever used in this Part, shall
be construed and defined as follows:
AFTER HOURS
The period of time between the hours of 11:30 p.m. and 6:00
a.m. on every night of the year.
EMERGENCY
Shall refer to unforeseen circumstances, or the status or
condition resulting therefrom, requiring immediate action to safeguard
life, limb, or property. The term includes, but is not limited to,
fires, natural disaster, automobile accidents, or similar circumstances.
ESTABLISHMENT
Any privately owned place of business operated for profit,
including any place of amusement or entertainment, to which the public
is invited.
MINOR
Any person less than 16 years of age and does not include
any person who is married or who is emancipated. For the purpose of
this Part, any person shall be deemed to be 16 years of age on the
date of his or her 16th birthday and not before this time.
OPERATOR
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment. Whenever
used in any provision prescribing a penalty, the word "operator" shall
include the members, partners, officers and managers of any firm,
association, partnership or corporation.
PARENT
The biological or adoptive parent of a minor; a legal guardian;
or an adult person 21 years of age or older and who is authorized
by a minor's parent or legal guardian to be responsible, either
temporarily or permanently, for the custody or care of any minor or
for the control of such minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground
or parking lot, or any private building, structure or area to which
the public is invited or in which the public is allowed to remain.
REMAIN
To be at or stay at a place.
[Ord. 565, 11/24/2008, § 6.5.03]
1. It shall be unlawful for a minor to remain in or upon any public
place or to remain in any motor vehicle operating or parked therein
or thereon, or to remain in or upon an establishment in the Home Rule
Borough of Edinboro after hours except as follows:
A. The minor is accompanied by a parent.
B. The minor is involved in an emergency.
C. The minor is engaged in an activity, related to his or her employment,
or is going to or returning home from such activity, without detour
or stop.
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent or the minor is on the property or the sidewalk
of an adult next-door neighbor with that neighbor's permission.
E. The minor is attending an activity sponsored by a school, religious
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such activity without
detour or stop.
F. The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing signed by the parent containing
the following information: the name, signature, address, and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, the minor's destination(s) and the hours the minor is
authorized to be engaged in the errand; no minor or parent shall falsify
the document described above.
G. The minor is involved in interstate travel through or beginning or
terminating in the Home Rule Borough of Edinboro.
H. The minor is exercising First Amendment rights protected by the United
States Constitution, such as free exercise of religion, freedom of
speech, and the right of assembly.
I. The minor is a homeless juvenile who uses the public place as his
or her usual abode.
J. The minor is at a public place or establishment for an activity or
event not otherwise covered by this Part where Borough Council has
provided authorization.
[Ord. 565, 11/24/2008, § 6.5.04]
No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the minor is engaged in an activity permitted under §
6-403.
[Ord. 565, 11/24/2008, § 6.5.05]
No operator of an establishment shall knowingly permit any minor
to remain upon the premises of such establishment after hours.
[Ord. 565, 11/24/2008, § 6.5.06]
The Chief of Police, or his or her designee, is hereby authorized,
from time to time, to promulgate such rules and regulations, including
the extension of hours for special occasions, as in his or her opinion
shall be necessary or useful in the enforcement of this Part. Such
rules and regulations shall, however, be subject to the approval of
the Manager and Council of the Home Rule Borough of Edinboro.
[Ord. 565, 11/24/2008, § 6.5.07]
Before taking any enforcement action under this Part, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no exception set forth in §
6-403 applies. The officer may issue a citation against the minor and/or the parent.
[Ord. 565, 11/24/2008, § 6.5.10]
1. Any minor or parent who violates the provisions of this Part may
be issued a non-traffic summary citation. The minor may be taken into
temporary custody, in which case his or her parents or other appropriate
person shall be notified and the minor shall be released into the
custody of the appropriate parent or parents of the minor or to a
brother or sister 18 years of age or older. If no such person is available
after reasonable efforts have been made to locate such person, then
the minor shall be released to such agencies or institutions as are
established for juvenile welfare. A referral to supportive services
shall be made where appropriate.
2. Any minor or parent who violates any provision of this Part is guilty
of a summary offense and, upon conviction thereof, shall be subject
to fine or imprisonment as follows:
A. First offense: written warning with referral to supportive services
where appropriate.
B. Second offense: $50 with referral to supportive services where appropriate.
C. Third offense: $100 to $150 with referral to supportive services
where appropriate.
D. Fourth offense: $150 to $200 with referral to supportive services
where appropriate.
E. Fifth offense: $200 to $300. Parents are subject to imprisonment
for up to 90 days and minors to referral to the juvenile court system.
The Court may also refer the offender(s) to supportive services where
appropriate.
F. Sixth and subsequent offenses: $300 to $500. Parents are subject
to imprisonment for up to 90 days and minors to referral to the juvenile
court system. The Court may also refer the offender(s) to supportive
services where appropriate.
3. Any operator convicted of violating the provisions of this Part for
the first time shall be fined $50 and shall be subject to imprisonment
for a term not to exceed 90 days. Any operator convicted of violating
the provisions of this Part for the second or subsequent time shall
be fined $300 and shall be subject to imprisonment for a term not
to exceed 90 days.
4. Each violation of the provisions of this Part shall constitute a
separate offense.