Borough of Brentwood, PA Chapter 93 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 3-2-1982 as Ch. VI, Part 2, of the 1982 Code of Ordinances. Amendments noted where applicable.]

§ 93-1 Curfew established; exceptions.

It shall be unlawful for any child (herein defined to be a person under 18 years of age) to be or remain in or upon any public highway, park or other public place within the Borough of Brentwood, or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough of Brentwood, between the hours of 11:30 p.m. and 5:00 a.m. on the following day. Exceptions to the above shall be the following circumstances:

A. The child is accompanied by parent, guardian or other person having legal care or custody of such child.

B. The child possesses a written statement, dated that day, signed by parent, guardian or other person having the legal care or custody of such child, which statement specifies the time, place, purpose and necessity of the child being in a public place contrary to this chapter.

C. The child is lawfully employed making it necessary to be on or in highways, streets, parks, etc., as stated above and possesses a current letter certifying the same and signed by employer, parent or guardian.

D. The child is on an emergency errand.

E. The child is traveling to or from church, school or municipal activity with parental permission statement as in Subsection B above.

§ 93-2 Parental responsibility.

It is hereby made unlawful for any parent, guardian or the person having the legal care or custody of a child under the age of 18 years to allow or permit such child to violate any of the provisions of this chapter without legal justification therefor.

§ 93-3 Violations and penalties.

A. Any child as above designated in § 93-1, found upon the borough streets, alleys, parks or public places within the borough in violation of § 93-1 shall be taken into custody by the borough police, or a legally deputized individual, and delivered to his or her parents, guardian or person having the legal custody of said child and be given a copy of this chapter and a report filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said child shall again allow him or her to be on said streets, alleys, parks or public places in violation of § 93-1, said parent, guardian or person having the legal custody of said child so offending shall, upon the second offense, be called in along with offender and be so advised once again as to the penalty provisions contained in this chapter, and that upon the third violation, said parent, guardian or person will be remanded to the local justice for disposition.

B. Upon conviction of a violation of this chapter, the violator shall be sentenced to pay a fine of not more than $600 and costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 93-4 Report to juvenile authorities.

Any child, whether resident or nonresident of the borough, who shall violate this chapter three or more times shall be reported to the proper juvenile authorities of Allegheny County.

§ 93-5 Police discretion in age determination.

The police officers of the borough, in taking children into custody, 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.

§ 93-6 Purpose of curfew.

It is hereby declared that the purpose of this chapter is to reduce juvenile delinquency, and it is further declared to be the intent of this chapter that its provisions shall be liberally construed so as to effectively cure or reduce juvenile delinquency, either on the part of the children within the borough or nonresident children coming into the borough.