Borough of Masontown, PA
Fayette County
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[HISTORY: Adopted by the Borough Council of the Borough of Masontown 9-28-1970 by Ord. No. 242, approved 9-28-1970. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
BOROUGH
The Borough of Masontown, Fayette County, Pennsylvania.
[Amended 8-8-1989, approved 8-8-1989]
It shall be unlawful for any person under 18 years of age to be or remain upon any street or alley or other public place in the borough after 10:00 p.m. unless:
A. 
Such person is physically accompanied by a parent or guardian or other person having legal custody of such minor;
B. 
In the performance of duty or case of necessity as directed by such parent, guardian or other person having legal custody; or
C. 
Such person is in lawful employment making it necessary to be in such places after 10:00 p.m.
[Amended 8-8-1989, approved 8-8-1989]
The curfew time provisions of § 57-2 hereof shall not apply in any of the following situations:
A. 
If and when the lawfully recognized school year is in recess, when such curfew time shall be 11:00 p.m.
B. 
On the weeknights of Friday and Saturday during the lawfully recognized school year, when such curfew time shall be 11:00 p.m. In all other respects, the provisions of § 57-2 shall apply.
It shall be unlawful for anyone having the legal care and custody of any person as described above to allow or permit such person to go or be upon any public street, alley or other public place in the Borough in the nighttime as restricted in the preceding sections, except in case of necessity.
Every member of the police force on duty is hereby authorized to detain any such minor willfully violating the provisions of this chapter until the parent or guardian of the minor shall take him or her into custody. Such officer shall, immediately upon taking custody of the minor, communicate with the parent or guardian.
The penalties for any person or persons who violate any part of this chapter shall be as follows:
A. 
If it is a first violation of this chapter, one or both parents shall come and take the minor into his or her custody.
B. 
If it is a second violation of this chapter, the minor, the parent or parents, guardian or other person having custody of such minor shall, upon conviction thereof by summary proceedings, be sentenced to pay a fine of not less than $100 nor more than $300 and costs, and in default of payment thereof, to undergo imprisonment of a period not in excess of 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.
[Amended 6-9-1987 by Ord. No. 1987-1, approved 6-9-1987; 7-14-2015, approved 7-14-2015]
C. 
If it is a third violation of this chapter, said minor shall be placed with the proper juvenile authorities in order that the proper proceedings may be taken as provided by statute.