[HISTORY: Adopted by the Borough Council of the Borough of Mahanoy City 10-16-1974 by Ord. No. 374.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was approved 10-31-1974.
[Amended 9-10-1996 by Ord. No. 96-8]
A. 
Evening curfew. It shall be unlawful for any person under 18 years of age to be or remain in or upon any of the public highways or streets of the Borough of Mahanoy City at night after the hour of 10:00 p.m., Sunday through Thursday of each week, and after the hour of 11:00 p.m., Friday and Saturday of each week, unless such person shall be accompanied by a parent, guardian or other person having the legal custody of said minor person or unless said minor person is in the performance of an errand directed by said parent, guardian or other person having the care or custody of said minor person, or unless the employment of such minor person makes it necessary for him or her to be upon said public highway or street during the nighttime after said specified hours, provided that this exception shall not apply when the person under age shall be playing or unnecessarily loitering in or upon said public streets, whether alone or accompanied by a parent, guardian or any other person or persons whatsoever.
B. 
Daytime curfew.
(1) 
It shall be unlawful for any child of compulsory school age enrolled in any elementary or secondary school to be or remain in or upon any public street, alley, highway, park or other public place, or in any enclosure or vehicle which is on or in a close proximity to any such street, alley, highway, park or public area in the Borough of Mahanoy City between the hours of 9:00 a.m. and 2:30 p.m. on any day on which school is in session, unless such child is on a scheduled vacation or holiday observed by the school in which the child is enrolled, or that child has permission to be absent from school or to be in a public place from an authorized school official. In the case of a child educated through a home school program pursuant to the Pennsylvania Code, § 1327.1,[1] a parent shall be deemed to be an authorized official.
[1]
Editor's Note: See 24 P.S. § 13-1327.1.
(2) 
It shall be unlawful for any parent, guardian or person in parental relation having control or charge of any child of compulsory school age to permit such child to be or remain in or upon any public street, alley, highway, park or other public place, or in any enclosure or vehicle which is on or in close proximity to any such street, alley, highway, park or public place in the Borough of Mahanoy City between the hours of 9:00 a.m. and 2:30 p.m. on any day for which school is in session, unless such child is on a scheduled vacation or holiday observed by the school in which the child is enrolled, or that child has permission to be absent from school or to be in a public place from an authorized school official. In the case of a child educated through a home school program as set forth above, the parent shall be deemed to be the authorized school official.
(3) 
It shall be unlawful for any person to act as an accomplice in violating any of the provisions of this chapter. A person is an accomplice of the child in violation of any provisions of this chapter if, with intent of promoting or facilitating the commission of the offense, that person: solicits the child committed; or aids or agrees or attempts to aid such other person in planning or committing it.
It shall be unlawful for any parent, guardian or other person having the legal care or custody of any person under 18 years of age to allow or permit any such child, ward or other person under such age, while in said legal custody, to go or be in or upon any of the public highways or streets of the Borough of Mahanoy City within the time prohibited in § 83-1 unless reasonable necessity therefor exists.
[Amended 9-10-1996 by Ord. No. 96-8]
The policeman shall take any child violating § 83-1A regarding evening curfew to the home of the parent, guardian or other person having the legal care and custody of the child, and the police or arresting officer may proceed against said parent, guardian or other person having legal care or being in a parental relationship to the minor.
[Amended 5-5-1981 by Ord. No. 81-3; 9-10-1996 by Ord. No. 96-8]
A. 
Evening curfew violation. Any person violating any provisions of this chapter relating to the evening curfew shall, upon conviction thereof, be punishable by a fine of not more than $300 and the cost of prosecution or, upon default in payment of the fine and costs, by imprisonment in the county jail for not more than 30 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his discretion.
B. 
Daytime curfew violation.
(1) 
Offense of the child.
(a) 
Any child who shall fail to comply with the provisions of this chapter relating to daytime curfew on a first offense shall be arrested or apprehended, taken into custody and transported to police headquarters for proper identification. After identification has been properly ascertained, it shall be entered into a record kept by the Borough. The arresting or apprehending officer shall properly notify the parents, guardian or person in parental relation to the child and, unless requested by such parent, guardian or person in parental relation to the child to place said child in a school other than the public school, the arresting officer shall place said child in the public school in which the child is or should be enrolled, subject to the appropriate disciplinary action, including, but not limited to, in-school suspension.
(b) 
Second offense. Any child who shall fail to comply with the provisions of this chapter relating to daytime curfew on a second or succeeding offense shall, upon summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs and, in default of payment of such fine and costs, shall be referred by the Magisterial District Judge to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, community service may be assigned by a Magisterial District Judge at the Judge's discretion.
(2) 
Offense of the parent. Any parent, guardian or person in parental relation having control or charge of any child of compulsory school age who shall fail to comply with the provisions of the daytime curfew section of this chapter shall, upon summary conviction, be sentenced to pay a fine not exceeding $1,000 for each offense, together with costs and, in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 30 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at the Judge's discretion. The parental violation is separate and apart from any violation of the child.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3) 
Accomplices. Any person found to be an accomplice shall, on summary conviction thereof, be sentenced to pay a fine not exceeding $1,000 for each offense, together with costs and, in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 30 days. Where the accomplice is a juvenile, the Magisterial District Judge may, in default of payment, refer the matter to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, community service may be assigned by a Magisterial District Judge at the Judge's discretion.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[Added 9-10-1996 by Ord. No. 96-8]
If any section, clause, sentence or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such findings shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this chapter.