[HISTORY: Adopted by the Borough Council
of the Borough of Bell Acres 2-11-1980 by Ord. No. 94. Amendments noted where
applicable.]
Within this chapter, the following words shall
be construed so as to have the following meanings:
That period between the hours of 10:00 p.m. and 6:00 a.m.
Eastern standard time or daylight saving time, whichever may apply
at the time in question.
Any privately owned place of business, any place of amusement
or entertainment to which the public is invited and any similar place.
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.
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 an association or partnership, shall include the members,
officers and managers thereof or any of them and, as applied to corporations,
shall include officers and managers thereof or any of them.
The natural parent or guardian or adult person 21 years of
age or over responsible for the custody of any minor.
The Police Department of the Borough of Bell Acres, Allegheny
County, Pennsylvania.
Any public street, highway, road, alley, park, playground,
vacant lot, public building, railway station, bus terminal or similar
place.
Loiter, idle, wander, stroll, play or be.
It shall be unlawful for any minor to remain
in or upon any public place or establishment in the Borough of Bell
Acres after hours unless:
A.
Accompanied by a parent or on 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; or
B.
Traveling directly to or from any adult-supervised
activities sponsored by any school, church, civic or nonprofit organization.
[Added 9-14-1992 by Ord. No. 158]
It shall be unlawful for any operator of a business
establishment knowingly to permit any minor to remain in or upon the
premises of said establishment after hours.
Each violation of the provisions of this chapter
shall constitute a separate offense.
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, at the discretion of the police officer,
be brought to the police station and the parents notified or shall
be taken or instructed to proceed directly to his or her home. The
information obtained from the minor, together with a full report,
shall be transmitted to the Mayor, 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. The police officer so acting shall use his or her discretion
in determining age and, in doubtful cases, may bring the minor to
the police station until satisfactory proof of age is furnished.
B.
Where the minor is not a resident of the Borough of
Bell Acres, the Police Department shall forward a copy of the report
and such additional data as the Police Department may deem helpful
in the handling of the case to the Police Department of the municipality
where the minor resides.
A.
Any parent who shall permit a minor to violate provisions
of this chapter after having received notice of a prior violation
shall, after conviction, be sentenced to pay a fine of $25 and, in
default of payment thereof, shall undergo imprisonment in the Allegheny
County Jail for a period not exceeding 24 hours; however, for any
subsequent conviction thereafter, said parent shall be fined not less
than $50 nor more than $100 and, in default of payment thereof, shall
undergo imprisonment in the Allegheny County Jail for a period not
exceeding 15 days.
B.
Any operator who shall violate this chapter shall,
upon conviction thereof for the first offense, be sentenced to pay
a fine of $25 and, in default of payment thereof, shall be sentenced
to undergo imprisonment in the Allegheny County Jail for a period
of not more than five days; however, for any subsequent conviction
thereafter, said operator shall be fined not less than $50 nor more
than $100 and, in default of payment thereof, shall be sentenced to
undergo imprisonment in the Allegheny County Jail for a period not
exceeding 15 days.
C.
If any minor, operator or parent violates this chapter
more than three times, the Police Department shall send to the Juvenile
Probation Office of Allegheny County the data on these violations,
together with such other data as the Police Department may deem to
be helpful in the handling of the case. In the event that the minor
involved in three violations no longer is a resident of Allegheny
County, then the Police Department shall forward said data to that
department of government or organization which corresponds to the
Allegheny County Juvenile Department and which department of government
or organization is situate in the county where said juvenile then
resides.
The Mayor of the Borough of Bell Acres or, in
his or her absence, the designated police officer of the Borough of
Bell Acres is authorized to extend the curfew hour for special occasions.
When the Mayor of the Borough of Bell Acres or the designated police
officer of the Borough of Bell Acres grants such extension of time,
then the date, hour and, if applicable, the place of such extension
shall be clearly set forth by written promulgation. Such extension
of time shall not be construed to extend beyond the limits as set
forth in such promulgation.
