[HISTORY: Adopted by the Borough Council of the Borough of
Millvale 10-29-1990 by Ord. No. 1828. Amendments noted where applicable.]
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given herein:
The period beginning at 9:30 p.m. and ending at 6:00 a.m.
on every day of the year.
The Borough of Millvale.
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.
Any public street, highway, road, alley, bridge, park, playground,
vacant lot, public building or similar place within the Borough of
Millvale.
It shall be unlawful for any minor to remain in or upon any
public place or establishment in the Borough of Millvale after hours
unless:
A.
Accompanied by a parent;
B.
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;
C.
The minor is on the sidewalk of his residence;
D.
Upon an errand at the direction of minor's parent;
E.
For an emergency;
F.
Engaged in gainful, lawful employment after hours, in such case,
such minor shall carry written identification and evidence of such
employment;
G.
En route to the minor's home by a direct route after departing
from a school activity, or an activity of a religious or other voluntary
association, including activity at an establishment; or
H.
The minor is in a motor vehicle with parental consent for normal
travel through the Borough.
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:
A.
Identification. Such police officer shall advise the suspected minor of the curfew ordinance and shall request that the minor produce 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.
B.
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 minor's
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.
(1)
In the event the minor is taken to the Millvale Borough police station,
the minor shall only be detained in the administrative office 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.
(2)
A written record of all violations and warnings shall be kept by
the Millvale Police Department.
A.
Any person who violates or permits a violation of this chapter shall,
upon conviction in a summary proceeding brought before a Magisterial
District Judge under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not less than $100 nor more than $1,000, plus court costs and reasonable
attorneys' fees incurred by the Borough in the enforcement proceedings.
Upon judgment against any person by summary conviction, or by proceedings
by summons on default of the payment of the fine or penalty imposed
and the costs, the defendant may be sentenced and committed to the
Borough lockup for a period not exceeding 10 days or to the county
jail for a period not exceeding 30 days. Each day or portion thereof
that such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.[1]
B.
Any minor who shall violate any provision of this chapter after having received the requisite warning set forth in § 132-4B 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.
