[HISTORY: Adopted by the Borough Council of the Borough of Waynesboro 6-21-2000 by Ord. No. 992. Amendments noted where applicable.]
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 minor accompanied by a parent, guardian or other adult responsible for the temporary care and custody of such minor.
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.
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.
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.
A minor who is a member of a volunteer emergency response service responding to or from an emergency with proper identification.
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.
- OTHER ADULT
- 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.
- PUBLIC PLACE
- 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.
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:
Instruct the minor to proceed to his or her home at once; or
Transport the minor to his or her home as soon as is practical; or
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.