Borough of Baden, PA Chapter 73 Curfew

[HISTORY: Adopted by the Council of the Borough of Baden 11-15-1972 by Ord. No. 655. Amendments noted where applicable.]

§ 73-1 Title.

This chapter shall be known as the "Curfew Ordinance of 1972."

§ 73-2 Legislative intent.

The Council of the Borough of Baden, 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 of those who have the custody and responsibility for the care of such minors, directs that in the administration and enforcement of this chapter the fundamental purpose of reducing juvenile delinquency shall be foremost.

§ 73-3 Definitions.

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, any place of amusement or entertainment to which the public is invited, and any similar place.

MINOR or MINORS

Any person less than 18 years of age. For the purpose of this chapter, any person shall be deemed to be 18 years of age on the date of his or her 18th birthday and not before that 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 association or partnership shall include the members, partners, officers and managers thereof or any of them and, as applied to corporations, shall include officers and managers thereof or any of them.

PARENT

The natural parent or 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. Construal. In this chapter, the time shall be construed to mean no later than from the hours of 10:00 p.m. to 6:00 a.m. Eastern standard time when that time is in effect in the Borough of Baden and daylight saving time when that time is in effect in the Borough of Baden.

§ 73-4 Unlawful activity by minors.

It shall be unlawful for any minor to remain in or upon any public place or establishment in the Borough of Baden 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 employment.

§ 73-5 Unlawful activity by others.

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

§ 73-6 Offenses.

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

§ 73-7 Duties of police.

A. 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 shall be notified, or shall be taken or instructed to proceed directly to his home. The information obtained from the minor, together with a full report, shall be transmitted to the Chief of Police, who shall cause a written notice to be delivered, mailed or otherwise, to the parents of the minor advising them of the violation of this chapter. A record of all violations shall be kept.

B. A police officer of the Borough of Baden, in taking a minor into custody under this chapter, shall use his or her discretion in determining age, and in doubtful cases may require positive proof, and until such proof is furnished, the officer's judgment shall prevail.

§ 73-8 Violations and penalties.

[Amended 5-15-1985 by Ord. No. 759]

A. Any person who shall violate any provision of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fine and costs, by imprisonment in the county jail for a term of not more than 30 days.

B. Any minors who shall violate this chapter more than three times shall be reported to a society, department of government or organization whose purpose is to take charge of incorrigibles and delinquents, and proceedings will be then taken in the Court of Quarter Sessions or Juvenile Court for their permanent welfare, and a like procedure shall be taken in cases where the arrest of the parent or operator shall not be effective or where for any other reason the provisions of this chapter cannot be made effective by fines and penalties imposed thereunder.

§ 73-9 Promulgation of rules and regulations.

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