[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 5-1-2000 by Ord. No. 1168.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also specifically repealed Ord.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.
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.
To:
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.
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.
B.
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.
C.
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.
A.
It is a defense to prosecution under § 74-2 that the minor was:
(1)
Accompanied by the minor's parent, guardian or custodian;
(2)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
(5)
Involved in an emergency;
(6)
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;
(7)
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.
(8)
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
(9)
Married or had been married or had disabilities of minority removed
in accordance with Pennsylvania law.
A.
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.
C.
All fines imposed and collected shall be paid to the Borough.
This chapter shall be cited as the "Borough of Tyrone Curfew
Ordinance."
