As used in this chapter, the following terms
shall have the meanings indicated, unless a different meaning clearly
appears from the context:
CURFEW HOURS
The hours of 11:00 p.m. on Sunday through Thursday until
6:00 a.m. of the following day, and 12:01 a.m. until 6:00 a.m. on
Saturday and Sunday.
EMERGENCY
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
The term includes, but is not limited to, fires, natural disasters,
automobile accidents, or other similar circumstances.
ESTABLISHMENT
Refers to any privately owned place of business within the Borough operated for a profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment, skating rink, bowling alley, or similar amusement establishment as defined in §
67-16 of this Code. With respect to such establishment, the term “operator” shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or corporation (and the officers thereof) conducting or managing that establishment.
[Amended 2-25-2004 by Ord. No. 1558]
MINOR
Any person under 18 years of age who has not been emancipated
as an adult under Pennsylvania law.
[Amended 8-24-2011 by Ord. No. 1604]
PARENT
Any person who is:
A.
A minor’s biological or adoptive parent
and who has legal custody of a minor (including either parent, if
custody is shared under a court order or agreement);
B.
The biological or adoptive parent with whom
a minor regularly resides;
C.
A minor’s court-appointed guardian; and/or
D.
At least 21 years of age and authorized by a
parent or court-appointed guardian to have the care and custody of
a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access, including but not limited to streets, highways,
roads, sidewalks, alleys, avenues, parks and/or common areas of schools,
hospitals, apartment houses, office buildings, transportation facilities
and shops.
REMAIN
Refers to the following actions:
A.
To linger or stay at or upon a place; and/or
B.
To fail to leave a place when requested to do
so by a police officer or by the owner, operator or other person in
control of that place.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough officials, be reported to a governmental agency and/or private society or organization which takes 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 §
94-3 above cannot be made effective by the imposition of fines and penalties.
In taking minors into custody, police officers
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.
[Amended 2-25-2004 by Ord. No. 1558]
A. Any person, firm or corporation who violates a provision
of this chapter, or who fails to comply therewith, or with any of
the requirements thereof, shall be, upon conviction thereof, sentenced
to pay a fine of not less than $100 nor more than $1,000 for each
violation, plus costs, and, in default of payment of said fine and
costs, to imprisonment to the extent permitted by law for the punishment
of summary offenses.
B. A separate offense shall arise for each day or portion
thereof in which a violation is found to exist or for each section
of this chapter found to have been violated. All fines and penalties
for the violation of this chapter shall be paid to the Borough Treasurer.
C. The Borough may also commence appropriate actions
in equity, at law or other to prevent, restrain, correct, enjoin,
or abate violations of this chapter.