[HISTORY: Adopted by the Council of the Borough of West Chester 9-11-1957.
Sections 46-1, 46-2A and 46-5B and C amended at time of adoption of Code;
see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
The following words, when used in this chapter, shall have the meanings
ascribed to them in this section except in those instances where the context
indicates otherwise:
The Chief of Police of the Borough of West Chester, or any member
of the Police Department of the borough designated by him to perform any of
the duties or exercise any of the powers herein vested in the Chief of Police.
Any privately owned place of business carried on for a profit, or
any place of amusement or entertainment to which the public is invited.
Any person under the age of seventeen (17) years.[1]
[Amended 6-13-1973; 9-12-1973
by Ord. No. 8-1973; 5-10-1989
by Ord. No. 11-1989; 7-24-1991
by Ord. No. 13-1991]
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.
Any natural parent of a minor, a guardian or any adult person eighteen
(18) years of age or over responsible for the care and custody of a minor.
[Amended 6-13-1973]
Any public street, highway, road, alley, park, playground, public
building or vacant lot.
To loiter, idle, wander, stroll or play in or upon.
[1]
Editor's Note: The definition of "official borough time," which immediately
followed, in alphabetical order, this definition, was repealed 6-13-1973.
A.Â
It shall be unlawful for any minor under seventeen (17)
years of age to remain in or upon any public place or any establishment in
the Borough of West Chester between the hours of 11:00 p.m. and 5:00 a.m.
of the following day, prevailing time, except that on Friday and Saturday
nights the curfew hours shall be from 12:00 midnight to 5:00 a.m. the following
day.
[Amended 6-13-1973; 5-10-1989
by Ord. No. 11-1989; 7-24-1991
by Ord. No. 13-1991]
B.Â
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, provided that said minor
carries identification and evidence in writing to this effect.
C.Â
Each violation of the provisions of this section shall
constitute a separate offense.
A.Â
It shall be unlawful for any parent knowingly to permit any minor to remain in or upon any public place or any establishment between the hours specified in § 46-2A hereof.
B.Â
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 employment during the curfew hours, provided that the minor carries
written identification and written evidence to that effect.
A.Â
It shall be unlawful for any operator of an establishment or their agents or employees knowingly to permit any minor to remain upon the premises of said establishment during the hours restricted in § 46-2A hereof.
B.Â
Each violation of the provisions of this section shall
constitute a separate offense.
[Amended 6-13-1973]
A.Â
Any police officer who finds a minor violating the provisions
of this chapter shall obtain information from such minor as to his name and
address, age and the name of his parent or parents. The minor shall thereupon
be instructed to proceed to his home forthwith. The information obtained from
the minor shall be transmitted to the Chief of Police, who shall cause a written
notice to be mailed to the parent or parents of the minor, advising of the
violation of this chapter.
B.Â
Any parent who shall permit a minor to violate the provisions
of this chapter after having received notice of a prior violation shall, upon
conviction thereof before any District Justice, be sentenced to pay a fine
of not more than one thousand dollars ($1,000.) together with costs of prosecution,
or to imprisonment in the county jail for a term not to exceed thirty (30)
days, or both.
[Amended 5-10-1989 by Ord.
No. 11-1989; 7-24-1991 by Ord.
No. 13-1991]
C.Â
Any operator of an establishment, and any agents or employees
of any operator, who shall violate the provisions of this chapter shall, upon
conviction thereof before any District Justice, be sentenced to pay a fine
of not more than one thousand dollars ($1,000.), together with costs of prosecution,
or to imprisonment in the county jail for a term not to exceed thirty (30)
days, or both.
[Amended 5-10-1989 by Ord.
No. 11-1989; 7-24-1991 by Ord.
No. 13-1991]
The police officers of the borough, in taking minors 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.
It is declared to be the intention of this chapter that its provisions
shall be liberally construed so as to curb or reduce juvenile delinquency.