[HISTORY: Adopted by the Town Council of the Borough of West View 7-12-2000 by Ord. No. 1394. Amendments noted where applicable.]
Peace and good order — See Ch. 208.
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
- AFTER HOURS
- The period beginning at 11:00 p.m. and ending at 6:00 a.m. on every day of the year.
- The Borough of West View.
- Any privately owned place of business carried on for profit as well as any place of entertainment to which the public is invited, and any similar places.
- Any person, male or female, who has not reached his 18th birthday.
- The natural or adoptive parent of a minor or the legal guardian of a minor, or any other person who stands in loco parentis to a minor, or a person to whom legal custody of the minor has been given by order of a court.
- PUBLIC PLACE
- Any public street, highway, road, alley, bridge, park, playground, vacant lot, public building or similar place within the Borough of West View.
It shall be unlawful for any minor to remain in or upon any public place or establishment in the Borough of West View after hours unless:
Accompanied by a parent;
Accompanied by an adult authorized by the parent to take the parent's place in accompanying the minor for a designated period of time and specific purpose within a specified area;
The minor is on the sidewalk of his residence;
Upon an errand at the direction of the minor's parent;
For an emergency;
Engaged in gainful, lawful employment after hours, in such cases such minor shall carry written identification and evidence of such employment;
En route to the minor's home by a direct route after departing within 30 minutes of the termination of a school activity, or an activity of a religious or other voluntary association, including activity at an establishment; or
The minor is in a motor vehicle with parental consent for normal travel through the Borough.
It shall be unlawful for any parent to knowingly or recklessly permit his or her minor to remain in or upon any public place after hours unless one of the exceptions set forth in § 134-2 is applicable.
Any police officer who shall find a person whom he reasonably believes is a minor violating any provision of this chapter shall comply with the following procedure:
Identification. Such police officer shall advise the suspected minor of the curfew ordinance and shall request that the minor identification verifying the minor's name, age, date of birth and address. Should the suspected minor be unable to produce adequate verification, the officer shall treat the minor as in violation of this chapter and proceed pursuant to Subsection B below.
Initial warning. Any police officer who shall find a minor violating any provision of this chapter shall endeavor to obtain the name, age, date of birth and address of the minor and the names of the minors parents. The minor shall thereupon be either escorted home by the police officer, or directed to immediately proceed home, or be taken to the Police Station for the sole purpose of contacting the parents, who shall escort the minor home. In any event, the minor shall be warned that he is in violation of the curfew and that any subsequent violation will result in an arrest and/or fine. The parents of the minor shall likewise be verbally warned and confirmed, in writing, of the violation of this chapter and that any subsequent offense by the minor may result in the parent being fined.
In the event the minor is taken to the Borough of West View Police Station, the minor shall only be detained in the police room of the Police Department, shall not be placed in contact with any prisoners and shall be detained only until such time as the minor is escorted home.
A written record of all violations and warnings shall be kept by the West View Police Department.
Any parent who shall knowingly permit his or her minor to violate any provision of this chapter, after having received notice of a prior violation by such minor, shall be subject to prosecution in a summary proceeding before a Magisterial District Judge of competent jurisdiction, shall upon conviction thereof be subject to a fine of not less than $100 or more $200 and costs of prosecution, and, in default of any payment of any fine and cost imposed, shall be subject to imprisonment for a period of not in excess of 30 days, or both.
Any minor who shall violate any provision of this chapter after having received the requisite warning set forth in § 134-4B above shall be subject to prosecution pursuant to the Pennsylvania Juvenile Act, 42 Pa.C.S.A. § 6301 et seq., or summary prosecution procedure before the Magisterial District Judge.