[HISTORY: Adopted by the Borough Council
of the Borough of Prospect Park 5-14-1968 by Ord. No. 855, approved 5-14-1968. Amendments
noted where applicable.]
It shall be unlawful for groups of two or more
children under the age of 18 years to congregate on streets, parks,
public buildings, places of amusement or public places in the Borough
of Prospect Park at any time if they are causing any danger or discomfort
to the inhabitants of the Borough or users of Borough thoroughfares,
public parks and public places by creating a danger of a breach of
the peace, the obstruction of the free passage of pedestrians or vehicles,
any disturbance to the comfort and repose of any person or the obstruction,
molesting or interference with any person lawfully in any such street,
park, public building, place of amusement or public place, and such
unlawful activity shall include loafing, corner lounging, walking
about aimlessly, the colloquial expression "hanging around," fighting,
use of profane or indecent language, the making of offensive or insulting
remarks or unnecessary noise and any word, act or conduct which tends
toward the destruction of good morals or which tends to interfere
with any other person or persons in the pursuit of peace, happiness
and contentment.
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977.
[Added 10-14-1969 by Ord. No. 868, approved 10-14-1969]
A.
It shall
be unlawful for any minor under the age of 18 years to be or to remain
in or upon any of the streets, parks, public buildings, places of
amusement and entertainment or other public places in the Borough
of Prospect Park between the hours of 10:30 p.m. and 6:00 a.m., prevailing
time, on Sunday, Monday, Tuesday, Wednesday and Thursday of each and
every week and between the hours of 11:00 p.m. and 6:00 a.m., prevailing
time, on Friday and Saturday of each and every week, unless such minor
is accompanied by his or her parents, guardian or other adult person
having the care and custody of the minor or unless the minor is on
an emergency errand of legitimate business directed by his or her
parent, guardian or other adult person having care and custody of
the minor.
B.
Daytime curfew for minors on school days.
[Added 12-14-2010, approved 12-14-2010]
(1)
It shall be unlawful for any minor of compulsory school age enrolled
in any elementary or secondary school to be or remain in or upon any
public space or on the premises of any establishment within the Borough
between the hours of 9:00 a.m. and 2:30 p.m. on any day in which school
is in session, unless such minor is on a scheduled vacation or holiday
observed by the school, or that child has permission to be absent
from school or to be in a public place or establishment from an authorized
school official. In case the minor is educated through a homeschool
program pursuant to Pennsylvania School Code § 1327.1 (Home
education), the minor's custodian shall be deemed an authorized
school official.
(2)
Custodian's responsibility: It shall be unlawful for any custodian
of any minor of compulsory school age to knowingly permit such minor
to be or remain in or upon any public place or on the premises of
any establishment within the Borough between the hours of 9:00 a.m.
and 2:30 p.m. on any day in which school is in session, unless such
minor is on a scheduled vacation or holiday observed by the school,
or that child has permission to be absent from school or to be in
a public place or establishment from an authorized school official.
In case the minor is educated through a homeschool program pursuant
to Pennsylvania School Code § 1327.1 (Home education), the
minor's custodian shall be deemed an authorized school official.
(3)
Accomplice. It shall be unlawful for any person to act as an accomplice
in violating any of the provisions of the daytime curfew. A person
is an accomplice of a minor in violation of the daytime curfew if,
with the intent of promoting or facilitating the commission of the
offense, they:
(4)
Penalty.
(a)
First offense. Any minor who shall fail to comply with the provisions
of this subsection relating to daytime curfew on a first offense shall
be arrested and apprehended, taken into custody and transported to
police headquarters for proper identification. After identification
has been properly ascertained, it shall be entered into the database
by the Borough. The arresting or apprehending officer shall properly
notify the custodian of such minor and, unless requested by such custodian
to place the minor in a school other than public school, he or she
shall place said child in the public school in which the minor or
so should be enrolled, subject to the appropriate disciplinary action,
including but not limited to in-school suspension.
(b)
Second and succeeding offenses. Any minor who shall fail to
comply with the provisions of this subsection relating to daytime
curfew on a second or succeeding offense, shall, on summary conviction
thereof, be sentenced to pay a fine not to exceed $300 for each offense,
together with costs, and in default of payment of such fine and costs
shall be referred by the District Justice to the Juvenile Court pursuant
to the Juvenile Act, 42 Pa. C.S. § 6301 et seq. In lieu
of a fine, community service may be assigned by a District Justice
at his or her discretion.
(c)
Age discrimination. When taking children into custody, the Police
Department shall use its reasonable judgment in determining age, and
in doubtful cases may require proof thereof, and until such proof
is established, the determination based on such officer's judgment
shall prevail.
(d)
Multiple offenses. Any minor, whether a resident or nonresident
of the Borough of Prospect Park, who shall violate this subsection
three or more times shall be reported to the proper juvenile authorities
of the County of Delaware for appropriate action pursuant to the Juvenile
Act, 42 Pa. C.S. § 6301 et seq.
(e)
Offense of the parent. Any custodian having control or charge
of any minor of compulsory school age who shall fail to comply with
the provisions of this subsection relating to daytime curfew shall,
on summary conviction thereof, be sentenced to pay a fine not to exceed
$300 for each offense, together with costs and, in default of payment
of such fines and costs, shall be sentenced to imprisonment not to
exceed 90 days. In lieu of a fine, community service may be assigned
by a District Justice at his or her discretion.
(f)
Offense of accomplices. Any person found to be an accomplice
shall, on summary conviction thereof, be sentenced to pay a fine not
to exceed $300 for each offense, together with costs; and in default
of payment of such fine and costs, shall be sentenced to imprisonment
not to exceed 90 days. In lieu of a fine, community service may be
assigned by a District Justice at his or her discretion.
Any child violating the provisions of §§ 101-1 and 101-2 of this chapter shall be taken into custody by the Prospect Park police and held until his or her parents, guardian or other person having the legal custody of said child comes to the Borough Hall and obtains custody of such child. A written record of the violation in occurrence shall be made and kept by the Prospect Park Police Department.
[Amended 7-8-1969 by Ord. No. 864, approved 7-8-1969]
A.
It shall be unlawful for the parents, guardians or other persons having the legal custody of a child under 18 years of age, to permit or allow such child to violate §§ 101-1 or 101-2 of this chapter. If such parents, guardians, or other persons permit such child to violate §§ 101-1 or 101-2, then upon conviction thereof before the District Justice, such parent, guardian or other person shall be sentenced to pay a fine of not more than $300 and costs and, in default of the payment thereof shall undergo imprisonment for not more than 30 days. Each violation of the provisions of this chapter shall constitute a separate offense.[1]
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977.
B.
Any person who aids or abets the violation of the
provisions of this chapter by a minor, and/or his parent, guardian
or other adult person having the care and custody of said minor, shall
likewise be guilty of a violation of this chapter and, upon conviction
thereof before the District Justice, shall be liable for the payment
of the fine and costs as herein provided and, in default of the payment
thereof, shall undergo imprisonment for not more than 30 days.
The police officers of the Borough, in taking
children into custody under this chapter, shall use their discretion
in determining age and in doubtful cases may require positive proof;
and until such proof is furnished, the officer's judgment shall prevail.
