This is a chapter prescribing, in accordance with prevailing community
standards, regulations for the conduct of minors on streets at night, for
the protection of younger children in the Borough from each other and from
other persons on the streets during nighttime hours; for the enforcement of
parental control and responsibility for their children; for the protection
of the public from nocturnal mischief by minors; and for the reduction of
the incidence of juvenile criminal activity, all for the good of minors, for
the furtherance of family responsibility, and for the public good, safety
and welfare.
It shall be unlawful for any minor to be or remain in or upon any public
highway, park or other public place within the Borough, or in any enclosure
or vehicle which is on or in close proximity to any such public place within
the Borough, between the hours of 10:00 p.m., Sunday through Thursday, and
5:00 a.m. on the following day; and between the hours of 12:00 midnight and
5:00 a.m. on Saturday and Sunday. Exceptions to the above are the following:
A. Minor accompanied by parent, guardian or other person
having legal care of custody of such minor.
B. Minor possessing a written statement dated that day and
signed by parent, guardian or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose and necessity
of the minor being in a public place contrary to this chapter.
C. Minor lawfully employed making it necessary to be on
or in highways, streets, parks, etc., as stated above and possessing a current
letter certifying the same and signed by employer, parent or guardian.
D. Minor on an emergency errand.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B above.
It is hereby made unlawful for any parent, guardian or the person having
legal care or custody of a minor to allow permit such minor to violate any
of the provisions of this chapter without legal justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Borough in violation of §
126-3 shall be taken into custody by the Borough Police, Pennsylvania Constable, or legally deputized individual; be delivered to his parent(s), guardian, or person having the legal custody of said minor; and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of §
126-3, said parent, guardian or person having the legal custody of said minor shall be cited for violation of this chapter.
Any minor who shall violate this chapter more than one time may, at the discretion of the proper Borough officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor 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 §
126-3 of this chapter cannot be made effective by the imposition of fines and penalties.
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 of age. Until such proof is furnished, the officer's judgment
shall prevail.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine of not more than $600, plus
costs of prosecution, and, in default of payment of such fine and costs, to
imprisonment for a term not to exceed 30 days.