[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus 8-5-1992 by Ord. No. 111 (Ch. 6, Part 2, of the 1984 Code of
Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 156.
Unless the context clearly indicates the contrary, the following
definitions shall apply in this chapter:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern standard time, except from the last Sunday in April
to the last Sunday in October, during which it shall be Eastern daylight
saving time.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment, and, whenever
used in any clause prescribing a penalty, the term "operator," as
applied to associations or partnerships, shall include the members
or partners thereof and, as applied to corporations, shall include
the officers thereof.
Any public street, highway, road, alley, park, playground,
public building or vacant lot.
To loiter, idle, wander, stroll, play or be in or upon.
A.Â
No minor shall remain in or upon any public place or any establishment
between the hours of 12:00 midnight and 6:00 a.m., official Borough
time.
B.Â
The provisions of this section shall not apply to any minor accompanied
by a parent or to a minor upon an errand or other legal business directed
by such minor's parent or to any minor who is engaged in gainful,
lawful employment during the curfew hours.
A.Â
No operator of an establishment or their agents or employees shall
knowingly permit any minor to remain upon the premises of said establishment
between the hours of 12:00 midnight and 6:00 a.m., official Borough
time.
B.Â
The provisions of this section shall not apply to any operator of
an establishment or their agents or employees with regard to a minor
employed by the operator and engaged in gainful, lawful employment
by the operator during the curfew hours.
A.Â
Any police officer who finds a minor violating any provision of § 98-2 may issue a citation immediately to the minor, constituting a summary violation, and may then take the minor home, if feasible, or may take the minor to police headquarters and request a parent to come to headquarters for the minor.
B.Â
Any police officer who finds an operator of an establishment or their agents or employees violating any provisions of § 98-3 may issue a citation immediately to the operator of the establishment or their agents or employees, constituting a summary violation.
C.Â
Any minor who shall be adjudged to be in violation of this chapter
in a summary criminal proceeding before the Magisterial District Justice
as provided for by the Pennsylvania Rules of Civil Procedure shall,
upon a finding of a violation, be subject to a fine of not less than
$100 and not more than $450, plus costs of prosecution, including
court costs and reasonable attorney fees incurred by the Borough to
prosecute the violation, and in default of payment of said fines and
costs, the Magisterial District Justice shall forward the citation
to the York County Juvenile Probation Office.
[Amended 7-3-2013 by Ord. No. 2013-3]
D.Â
Any operator of an establishment, their employees or agents who shall
be adjudged to be in violation of this chapter in a summary criminal
proceeding before the Magisterial District Justice as provided for
by the Pennsylvania Rules of Civil Procedure shall, upon a finding
of a violation, be subject to a fine of not less than $300 and not
more than $600, plus costs of prosecution, including court costs and
reasonable attorney fees incurred by the Borough to prosecute the
violation, and in default of payment of said fines and costs, such
operator, employee or agent may be subject to imprisonment for not
more than 30 days.
[Amended 7-3-2013 by Ord. No. 2013-3]
