[HISTORY: Adopted by the Borough Council of the Borough of Canonsburg 11-1-1988 as Ch. 6, Part 1, of the 1988 Code. Amendments noted where applicable.]
No child under the age of 18 years shall be or remain or go in or upon any streets, highways, alleys, parks, parklets or any other public places or establishments or other premises in the Borough of Canonsburg, Washington County, Pennsylvania, between the hours of 9:30 p.m. and 5:00 a.m. the following day, Eastern standard time or Eastern daylight saving time, whichever may be in effect during the months of the year beginning September 1 and continuing through May 31, and between the hours of 10:30 p.m. and 5:00 a.m. the following day, Eastern standard time or Eastern daylight saving time, whichever may be in effect during the months of the year beginning June 1 and continuing through August 31, said hours to be known as "curfew hours," unless said child is accompanied by his or her parent, guardian or other person having the legal custody of said child or is accompanied by a responsible person of good repute over 18 years of age. A warning whistle or siren to be known as the "curfew whistle" shall be sounded each evening at the beginning of curfew hours. The curfew whistle shall be sounded at 15 minutes before 9:30 p.m. Eastern standard time or Eastern daylight saving time, whichever may be in effect during the months beginning September 1 and continuing through May 31, and the curfew whistle shall be sounded at 15 minutes before 10:30 p.m. Eastern standard time or Eastern daylight saving time, whichever may be in effect during the months beginning June 1 and continuing through August 31, each evening, after which and during the hours set forth above each child shall be required to be at home.
No parent, guardian or other person having the legal control, care or custody of any child under the age of 18 years shall allow, permit or condone any such child to be or remain or go upon any public streets, highways, alleys, parks, parklets or any other public places or establishments or other premises in the Borough of Canonsburg, Washington County, Pennsylvania, during said curfew hours as provided for and set forth in § 94-1 of this chapter except as therein provided.
It shall be unlawful for any owner or operator of any establishment located in the Borough of Canonsburg, Washington County, Pennsylvania, or their agents, servants or employees to permit any child under the age of 18 years to remain upon the premises of said establishment during the curfew hours as provided for and set forth in § 94-1 of this chapter except as therein provided.
Any child under the age of 18 years found upon any public streets, highways, alleys, parks, parklets or any other public places or establishments or other premises in said Borough of Canonsburg during and in violation of the curfew hours as provided for and set forth in § 94-1 of this chapter, shall be taken into custody by any member of the Police Department of the Borough of Canonsburg and shall be released into the custody of his or her parent or guardian or other person having the legal control, care or custody of any such child, at which time he shall give to the child's parent, guardian or other person having the legal control, care or custody of such child a written notice of the child's violation of this chapter, together with a notice to such parent, guardian or other person having the legal control, care or custody of such child that unless the terms of this chapter are complied with in the future, the penalty thereof will be invoked against such parent, guardian or other person having the legal control, care or custody of such child. Furthermore, the member of said Police Department who takes a child into custody for violation of this chapter shall make a written report thereof within 24 hours in a record book to be kept for that purpose in the Police Department.
If any parent, guardian or other person having the legal control, care or custody of any child shall, after having received a notice as prescribed in § 94-4 of this chapter, again allow or permit such child to be in or upon any streets, highways, alleys, parks, parklets or any other public places or establishments or other premises in said Borough of Canonsburg in violation of § 94-1 of this chapter, such parent, guardian or other person having the legal control, care or custody of any such child shall be guilty of a violation of this chapter and, upon conviction thereof before the Magisterial District Judge in the local magisterial district, shall be sentenced to pay a fine of not less than $25 and not more than $300 and/or to imprisonment for a term not to exceed 90 days. All fines provided for herein are payable to the Borough of Canonsburg.
Any owner or operator of any establishment located in said Borough of Canonsburg or its agents, servants or employees who violate the provisions of § 94-3 of this chapter, upon conviction thereof before the Magisterial District Judge in the local magisterial district, shall be sentenced to pay a fine of not less than $25 or more than $300 and costs of prosecution; and/or to imprisonment for a term not to exceed 90 days. All fines provided for herein are payable to the Borough of Canonsburg.
Any child who shall violate the provisions of this chapter more than three times shall be reported, by the member of the Borough of Canonsburg Police Department who takes into custody such child on the fourth violation of the provisions of this chapter, to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken to the Juvenile Court of Washington County, Pennsylvania, for the permanent welfare of such child.
The police officers of the Borough of Canonsburg, in taking a child into custody under the provisions of this chapter, shall use their discretion in determining the age of such child and in doubtful cases may require positive proof of age from such child or his or her parent, guardian or other person having the legal control, care or custody of any such child, and, until such proof is furnished, the police officer's judgment shall prevail.