Borough of Marietta, PA Chapter 141 Curfew

[HISTORY: Adopted by the Borough Council of the Borough of Marietta 10-10-1972 by Ord. No. 72-7; amended in its entirety 11-11-2008(Ch. 39 of the 1983 Code). Subsequent amendments noted where applicable.]

§ 141-1 Legislative intent.

The Council of the Borough of Marietta, being cognizant of the problem of juvenile delinquency and believing that it can be dealt with more effectively by regulating the hours during which minors less than 18 years of age may remain in public places and certain establishments without adult supervision and by defining more clearly certain duties and responsibilities upon those who have the custody and responsibility for the care of such minors, direct that in the administration and enforcement of this chapter the fundamental purpose of reducing juvenile delinquency shall be foremost.

§ 141-2 Definitions; curfew hours.

A. In this chapter the following definitions shall apply:

AFTER HOURS

The period of time each night specified below.

ESTABLISHMENT

Any privately owned place of business carried on for profit, any place of amusement or entertainment to which the public is invited and any similar place.

MINOR or MINORS

Any persons less than 18 years of age. For the purpose of this chapter, any person shall be deemed to be 17 years of age until the date of his or her 18th birthday and not before this time.

OPERATOR

Any individual, firm, association, partnership or corporation owning, operating, managing or conducting any establishment; and whenever used in any clause prescribing a penalty, the word "operator" as applied to associations or partnerships shall include the members, partners, officers and managers thereof or any of them and as applied to corporations shall include the officers and managers thereof or any of them.

PARENT

The natural parent, guardian or adult person 21 years of age or over responsible for the custody or care of any minor.

PUBLIC PLACE

Any public street, highway, road, alley, park, playground, vacant lot, public building, railway station, bus terminal or similar place.

REMAIN

Loiter, idle, wander, stroll, play or be.

B. All specific times mentioned below shall be the local prevailing time. From Sunday evening through Thursday evening, inclusive, the time shall be 10:00 p.m. each evening until 5:00 a.m. the following morning. On Friday evening and Saturday evening the time shall be 12:00 midnight each evening until 5:00 a.m. the following morning.

§ 141-3 Unlawful conduct of minors

It shall be unlawful for any minor to remain in or upon any public place or establishment in the Borough of Marietta after hours unless accompanied by a parent or upon an errand or other legitimate business directed by a parent or unless engaged in gainful, lawful employment after hours, in which case, said minor shall carry written identification and evidence of such employment.

§ 141-4 Unlawful conduct of parents.

No parent shall knowingly permit any minor to remain in or upon any public place or establishment after hours unless the parent shall accompany the minor or shall direct the minor, in writing, to perform an errand or engage in other legitimate business, which writing shall be kept in the possession of such minor; or unless such minor is engaged in gainful, lawful employment after hours, in which case said minor shall carry written identification and evidence of such employment.

§ 141-5 Unlawful conduct of operators of establishments.

It shall be unlawful for any operator of an establishment knowingly to permit any minor to remain upon the premises of said establishment after hours.

§ 141-6 Offenses.

Each violation of the provisions of this chapter shall constitute a separate offense.

§ 141-7 Duties of police.

Any police officer who finds a minor violating any provisions of this chapter shall endeavor to obtain the name, age, date of birth and address of the minor and the names of the minor's parents. The minor shall thereupon either be brought to the police station and the parents notified or shall be taken or instructed to proceed directly to his/her home. The information obtained from the minor, together with a full report, shall be transmitted to the parents of the minor advising them of the violation of this chapter. A record of all violations shall be kept.

§ 141-8 Violations and penalties. [1]

Any person, firm or corporation who shall violate any provision of this chapter, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues, or each section of this chapter which shall be found to have been violated, shall constitute a separate offense.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 141-9 Rules and regulations.

The Susquehanna Regional Police Department is hereby authorized from time to time to promulgate such rules and regulations, including the extension of hours for special occasions, as in their sole and uncontrolled discretion shall be necessary or useful in the enforcement of this chapter.