[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 5-1-2000 by Ord. No. 1168. Amendments noted where applicable.]
Editor's Note: This ordinance also specifically repealed Ord. Nos. 733 and 806. Copies of said ordinances are on file in the Borough office.
As used in this chapter, the terms hereinafter stated shall have the following meaning unless otherwise noted:
- The Borough of Tyrone.
- A person who is at least 18 years of age and who is authorized, in writing, by a parent or guardian to have the care and custody of a minor. For purposes of this chapter, said custodian must have such written authorization at all times when exercising care and custody over the minor.
- An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
- Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
- Any person under 18 years of age.
- Any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes, but is not limited to, the members or partners of an association or partnership and the officers of a corporation.
- A person who is a natural parent, adoptive parent, or stepparent of another person.
- PUBLIC PLACE
- Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, shops, malls, eating establishments and parks.
- SERIOUS BODILY INJURY
- Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
A minor commits an offense if the minor remains (whether in or out of any vehicle) in any public place or on the premises of any establishment within the Borough during curfew hours.
A parent or guardian of a minor commits an offense if said individual knowingly permits, or by insufficient control allows, a minor to remain (whether in or out of any vehicle) in any public place or on the premises of any establishment within the Borough during curfew hours after having received notice, verbal and/or written, from the Borough Police Department of a prior violation. A conviction before a Magisterial District Judge shall not be required to constitute notice of a prior violation for purposes of this chapter.
The owner, operator, or any employee of an establishment commits an offense if said individual knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
It is a defense to prosecution under § 74-2 that the minor was:
Accompanied by the minor's parent, guardian or custodian;
On an errand at the direction of the minor's parent or guardian, without any detour or stop;
In a motor vehicle involved in interstate travel;
Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
Involved in an emergency;
On the sidewalk abutting the minor's residence or abutting the residence of a next door neighbor if the neighbor permitted the minor's presence;
Attending and/or going to and from, without any detour or stop, an official Borough, school, religious, or other activity supervised by adults and sponsored by such organization, or another similar entity that takes responsibility for the minor.
Exercising rights protected by the United States and/or Pennsylvania Constitution and not otherwise prohibited by law, such as the free exercise of religion, freedom of speech, and the right of assembly; or
Married or had been married or had disabilities of minority removed in accordance with Pennsylvania law.
Any person who violates this chapter shall, upon conviction before a Magisterial District Judge, be guilty of a summary offense punishable by a fine of not less than $250 and not to exceed $600 and, upon failure to pay said fine and costs, be subject to imprisonment up to 30 days. Each time that a violation is committed shall constitute a separate offense.
All fines imposed and collected shall be paid to the Borough.
This chapter shall be cited as the "Borough of Tyrone Curfew Ordinance."