[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 6-21-2000
by Ord. No. 992. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 190.
It shall be unlawful for a minor over the age of attaining 13 years
and under the age of attaining 18 years to remain within a public place and/or
vehicle in close proximity to a public place in the Borough of Waynesboro,
Franklin County, Pennsylvania, between the hours of 11:00 p.m., prevailing
time, and 5:00 a.m., prevailing time, the following day, and for minors under
the age of attaining 13 years, between the hours of 9:30 p.m., prevailing
time, and 5:00 a.m., prevailing time, the following day.
The following shall be exceptions to the prohibitions set forth in § 128-1:
A.
A minor accompanied by a parent, guardian or other adult
responsible for the temporary care and custody of such minor.
B.
A minor possessing a written statement, currently dated and signed by a parent or guardian, specifying the time, place, purpose and necessity of the minor being in a public place contrary to the prohibitions set forth in § 128-1.
C.
A minor traveling to and/or from an authorized activity
of a church, school or municipality. Such minor shall posses a written certification
from a parent, guardian or other authorized adult person responsible for the
temporary care and custody of said minor.
D.
A minor lawfully employed making it necessary to be in a public place contrary to the prohibition set forth in § 128-1. Such minor shall possess, from his employer, parent or guardian, a written document certifying such necessity.
E.
A minor who is a member of a volunteer emergency response
service responding to or from an emergency with proper identification.
A.
GUARDIAN
MINOR
OTHER ADULT
PARENT
PUBLIC PLACE
REMAIN
For the purposes of this chapter, the following terms
shall have the meanings indicated:
An adult person exercising parental control and authority over a
minor whether or not the same is exercised pursuant to a court order.
Any person under the age of 18 years.
An adult person, other than a parent or guardian, who is responsible
for the care and custody of minor.
The natural or adoptive mother or father of a minor.
Any public street, alley, sidewalk, park, playground, public building
or vacant lot in the Borough of Waynesboro.
To stay behind, to tarry or to stay unnecessarily in, or in close
proximity to, a public place.
B.
In this chapter, the singular shall include the plural,
the plural shall include the singular and the masculine shall include the
feminine and the neuter.
It shall be unlawful for any parent, guardian, or other adult, as defined in § 128-3, to allow a minor to violate the provisions of this chapter.
Any person violating this provision of this chapter shall be subject
to arrest and shall be guilty of a summary offense and shall, upon conviction
thereof, be fined not less than $50 nor more than $300 or, in lieu of payment
of this fine and costs of prosecution, be imprisoned for not more than 30
days.
Any police officer who finds a minor in prima facie violations of § 128-1 of this chapter shall take any of the following actions which he or she believes necessary to best protect the interest of the minor and the community:
A.
Instruct the minor to proceed to his or her home at once;
or
B.
Transport the minor to his or her home as soon as is
practical; or
C.
Arrest and transport the minor to the appropriate police station, where the officer or a superior officer may issue a citation. The officer will without unreasonable delay attempt to notify the parent or guardian or other custodian of the minor's whereabouts. When such parent or guardian or other custodian arrives at the station, the minor will be released into the custody of the parent or guardian or other custodian, who shall thereupon be issued written notice that the minor has violated the provisions of § 128-1. If the parent or guardian or custodian cannot be located within a reasonable time, the minor shall be released to a responsible adult.
