As used within this chapter, the following words and phrases
shall have the meanings ascribed to them below:
CURFEW HOURS
The hours of 10:00 p.m. through 5:00 a.m. on Sunday through
Thursday, and 11:30 p.m. through 5:00 a.m. on Fridays and Saturdays.
EMERGENCY
Unforeseen circumstances, or the status or condition resulting
therefrom, requiring immediate action to safeguard life, limb or property.
The term includes but is not limited to fires, natural disasters,
automobile accidents or other similar circumstances.
ESTABLISHMENT
Any privately owned place of business within the Borough
operated for a profit, to which the public is invited, including but
not limited to any place of amusement or entertainment. With respect
to such establishment, the term "operator" shall mean any person,
and any firm, association, partnership (and the members or partners
thereof) and/or any corporation (and the officers thereof) conducting
or managing that establishment.
GUARDIAN
Any adult person exercising parental control and authority
over a minor, whether or not the same is exercised pursuant to a court
order.
MINOR
Any person 17 years of age and under who has not been emancipated
by court order.
OFFICER
A police or other law enforcement officer charged with the
duty of enforcing the laws of the Commonwealth of Pennsylvania and/or
ordinances of the Borough.
PARENT
A.
A person who is a minor's biological or adoptive parent
and who has legal custody of a minor (including either parent, if
custody is shared under a court order or agreement);
B.
A person who is the biological or adoptive parent with whom
a minor regularly resides;
C.
A person judicially appointed as a legal guardian of the minor;
and/or
D.
A person 18 years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in Subsection
A,
B or
C of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
PERSON
Refers to an individual, not to any association, corporation
or any other legal entity.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access, including but not limited to streets, highways,
roads, sidewalks, alleys, avenues, parks and/or the common areas of
schools, hospitals, apartment houses, office buildings, transportation
facilities and shops.
REMAIN
The following actions:
A.
To linger or stay at or upon a place; and/or
B.
To fail to leave a place when requested to do so by an officer
or by the owner, operator or other person in control of that place.
TEMPORARY CARE FACILITY
A nonlocked, nonrestrictive shelter at which minors may wait,
under visual supervision, to be retrieved by a parent. No minors waiting
in such facility shall be handcuffed and/or secured (by handcuffs
or otherwise) to any stationary object.
It shall be unlawful for a minor, during curfew hours, to remain
in or upon any public place within the Borough, to remain in any motor
vehicle operating or parked therein or thereon, or to remain in or
upon the premises of any establishment within the Borough, unless:
A. The minor is accompanied by a parent or guardian; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an employment activity, or is going to or
returning home from such activity, without detour or stop; or
D. The minor is on the sidewalk directly abutting a place where he or
she resides with a parent; or
E. The minor is attending an activity sponsored by a school, religious
or civic organization, by a public organization or agency, or by another
similar organization or entity, which activity is supervised by adults,
and/or the minor is going to or returning from such an activity without
detour or stop; or
F. The minor is on an errand at the direction of a parent, and the minor
has in his or her possession a writing signed by the parent containing
the following information: the name, signature, address and telephone
number of the parent authorizing the errand, the telephone number
where the parent may be reached during the errand, the name of the
minor, and a brief description of the errand, the minor's destination(s)
and the hours the minor is authorized to be engaged in the errand;
or
G. The minor is involved in interstate travel through, or beginning
or terminating in, the Borough; or
H. The minor is exercising First Amendment rights protected by the United
States Constitution, such as the free exercise of religion, freedom
of speech and the right of assembly.