[HISTORY: Adopted by the Borough Council of the Borough of Aldan 7-8-2009 by Ord. No. 501.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also superseded former Ch. 101, Curfew, adopted 11-8-1995 by Ord. No. 464.
In order to promote the health, safety and welfare of the public at large, and minors in particular, the Council of the Borough of Aldan does enact this new Curfew Ordinance (which replaces Ordinance 464, codified at Chapter 101 of the Code of the Borough of Aldan) in order to not only restrict or curtail crimes or mischief committed by minors during late hours of the night, but also to protect minors from such crime, mischief and misdeeds. The Aldan Borough Council finds that restricting or regulating the hours during which minors may remain in public places without adult supervision and imposing duties and responsibilities upon parents, or other adult persons who have care and custody of such minors, may not only provide a remedy to the problem, but may also act to strengthen family and custodial responsibilities and ties.
The following words or phrases, when used within this chapter, shall have the meanings ascribed to them in this section:
MINOR
Any person under the age of 18 years.
PARENT
Any natural parent or parent of an adopted minor, a guardian or any adult person 21 years of age or over responsible for the care and custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, public building, commercial establishment, business or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
No minor shall be or remain upon any public place within the Borough of Aldan, either as a pedestrian or within a vehicle, after the hour of 10:00 p.m. and before the hour of 5:30 a.m. the following day as measured by the prevailing time.
A. 
A minor shall be exempt from the provisions of the regulations founded within the foregoing section only if one or more of the circumstances set forth below are present:
(1) 
Where the minor is accompanied by a parent or guardian;
(2) 
Where the minor is returning to his residence from a function sponsored by:
(a) 
A school licensed by the commonwealth or another jurisdiction of the United States;
(b) 
A recognized religious organization; or
(c) 
The Borough or one of its civic organizations;
(3) 
Where the minor is in front of or adjacent to his home or residence;
(4) 
Where the minor is engaging in a religious activity, redress of government or any other right guaranteed by the First Amendment of the United States Constitution or of the constitution of this commonwealth; and
(5) 
Where the minor is gainfully employed (or is returning from employment without detour) within an occupation or position which has the approval of the parent or guardian of the minor.
B. 
The Mayor of the Borough of Aldan, or his designees, is authorized to issue to employers certification of employment of minors, which certification shall be evidenced by the minor when such minor is in a public place during the hours of curfew restriction.
It shall be unlawful for any parent or guardian or other person having the legal care or custody of a minor to allow or permit such minor to be within a public place within the Borough of Aldan during the curfew hours set forth with § 101-3 of this chapter.
A. 
Violation of this chapter by a parent or guardian of a minor shall, upon conviction, be a summary offense punishable by a fine of no more than $1,000 or 30 days' incarceration, plus the cost of prosecution of each offense. Each day that a minor shall be found in violation of this chapter shall constitute a separate and distinct offense by the parent or guardian.
B. 
For first-time offenders of this chapter, the Police of the Borough of Aldan may, within their discretion, take the name of such minor found in violation of this chapter and the name and address of the parent or guardian of the minor and report same to the Chief of Police within 24 hours. A written notice of the violation, with due warning, shall thereupon be served or caused to be served by the Police Department upon the parent or guardian of the minor.
C. 
In any circumstances, however, the police may return the minor to his home, if he resides within the Borough of Aldan, and/or contact the parent or guardian of the minor, should the minor reside outside the confines of the Borough of Aldan, in order to permit said parent or guardian to retrieve such minor therefrom the police headquarters.
Nothing within this chapter is intended to relieve the responsibility of the minor from the enforcement of this chapter. Any minor or juvenile may be charged with the violation of this chapter, which may result in reporting the violation to the juvenile authorities of Delaware County. Should the minor be between the age of 16 and 18 years of age, upon conviction of the violation of the provisions of this chapter, the minor shall be guilty of a summary offense punishable by a fine of not more than $500, plus the cost of prosecution, for each offense. Each day that a violation of this chapter exists shall constitute a separate and distinct offense.