[HISTORY: Adopted by the Borough Council of the Borough of Mount Union 7-1-2002 by Ord. No. 1058. Amendments noted where applicable.]
The purpose of this chapter is to protect minors from nighttime crimes.
As used within this chapter, the following words and phrases shall have the meanings ascribed to them below:
- Curfew for Minors Ordinance.
- CURFEW HOURS
- Time period from 10:00 p.m. through 5:00 a.m. on the following day, starting on Sunday at 10:00 p.m. and ending on Thursday at 5:00 a.m. and 11:00 p.m. on Friday through 5:00 a.m. on Saturday and 11:00 p.m. on Saturday through 5:00 a.m. on Sunday.
- Unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents or other similar circumstances.
- Any privately owned place of business within the Borough, operated for a profit, to which the public is invited, including, but not limited to, any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
- Any person less than 18 years of age who has not been emancipated.
- A Police Department or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or the ordinances of the Borough of Mount Union.
- A. A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent if custody is shared under a court order or agreement).
- B. A person who is the biological or adoptive parent with whom a minor regularly resides.
- C. A person judicially appointed as legal guardian of the minor.
- An individual (not an association, corporation, or any other legal entity).
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access, including, but not limited to, streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, apartment houses, office buildings, transportation facilities and shops.
It shall be unlawful for a minor, during curfew hours, to be present in or upon any public place within the Borough, to remain in any motor vehicle operating or parked therein or thereon or to remain in or upon the premises of any establishment within the Borough unless:
The minor is accompanied by a parent.
The minor is involved in an emergency.
The minor is engaged in an employment activity or is going to or returning home from such activity without detour or stop.
The minor is on the sidewalk directly abutting a place where he/she resides with a parent.
The minor is attending an activity sponsored by a school, religious or civic organization, which activity is supervised by adults, and/or the minor is going to or returning home from such activity without detour or stop.
The minor is involved in interstate travel through or beginning or terminating in the Borough of Mount Union.
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate Subsection A of this section.
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of Subsection A of this section.
Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of § 150-3A of this chapter.
If such violation reveals that the presence of such minor appears to be in violation of § 150-3A, then the officer shall charge the minor with a violation of this chapter and shall issue a citation.
As soon as practical, the officer shall:
Release the minor to his/her parents.
If a minor refuses to give an officer his/her name and address of his/her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or, if located, no parent appears to accept the custody of the minor, the minor shall be placed with the Huntingdon County Children Services Agency.