[Ord. 11-2004, 7/21/2004]
1.
MINOR
PARENT
PUBLIC PLACE
REMAIN
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Person under the age of 18 years.
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Part, "parent" shall mean one or both parents.
Any public street, alley, sidewalk, park, playground, public
building or vacant lot in the Borough.
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating groups (or of interacting minors)
totaling four or more persons in which any minor involved would not
be using the streets, for emergencies or ordinary purposes such as
mere passage of going home.
2.
In this Part, the singular shall include the plural, the plural shall
include the singular; and the masculine shall include the feminine
and the neuter.
[Ord. 11-2004, 7/21/2004]
This is a curfew ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night. For the protection of younger children in the Borough from
each other and from other persons on the streets during nighttime
hours, for the enforcement of parental control and responsibility
for their children, for the protection of the public from nocturnal
mischief by minors and for the reduction of the incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
[Ord. 11-2004, 7/21/2004]
It shall be unlawful for any minor to be or remain in or upon
any public highway, park or other public place within the Borough,
or in any enclosure or vehicle which is on or in close proximity to
any such public place within the Borough, between the hours of 10:30
p.m. and 6:30 a.m. on the following day and midnight to 6:00 a.m.
Fridays and Saturdays. Exceptions to the above are the following:
A.
Minor accompanied by parent, guardian, or other person having legal
care or custody of such minor.
B.
Minor possessing a written statement dated that day and signed by
parent, guardian, or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Part.
C.
Minor lawfully employed making it necessary to be on or in highways,
streets, parks, etc., as stated above and possessing a current letter
certifying the same and signed by employer, parent or guardian.
D.
Minor on an emergency errand.
E.
Minor traveling to and from church, school or municipal activity
with parental permission statement as in subsection (B), above.
[Ord. 11-2004, 7/21/2004]
It is hereby made unlawful for any parent, guardian, or the
person having the legal care or custody of a minor to allow or permit
such minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 11-2004, 7/21/2004]
Any minor found upon the streets, alleys, parks or public places within the Borough in violation of § 6-102 shall be taken into protective custody by the Borough police or legally deputized individual, said juvenile shall be cited and his parent(s), guardian or person having legal custody shall be notified to pick the juvenile up at which time the parent will receive a copy of the citation and advised of the penalties of § 6-108.
[Ord. 11-2004, 7/21/2004]
Any minor who shall violate this Part more than three times may, at the discretion of the proper Borough officials, be reported to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of § 6-102 of this Part cannot be made effective by the imposition of fines and penalties.
[Ord. 11-2004, 7/21/2004]
The police officers of the Borough, in taking minors into custody,
shall use their discretion in determining the age and in doubtful
cases may require positive proof of age. Until such proof is furnished,
the officers' judgment shall prevail.
[Ord. 11-2004, 7/21/2004]
Any person who shall violate any provisions of this Part shall,
if no prior police contact of a serious nature shall be given the
opportunity to be placed in the Youth Aid Panel or upon conviction
thereof, be sentenced to pay a fine of not more than $1,000, plus
costs, and, in default of payment of said fine and cost, to imprisonment
for a term not to exceed 30 days.
