[HISTORY: Adopted by the Borough Council of the Borough of Burgettstown 1-20-1976 by Ord. No. 15; amended in its entirety 5-2-1994 by Ord. No. 1994-1 (Ch. VI, Part 4, of the 1976 Code of Ordinances). Subsequent amendments noted where applicable.]
No child under the age of 18 years shall be upon any of the public streets, highways, alleys, parks or other public places in the said Borough of Burgettstown, unless such child is accompanied by his or her parents, guardian or other person having the legal care or custody of said child or is accompanied by a responsible person over 21 years of age or is in the performance of an errand or duty directed by his or her parents, guardian or legal custodian or whose legally recognized employment makes it necessary for such child to be in or upon the public streets, highways, alleys, parks or other public places, between the hours of 10:00 p.m. and 6:00 a.m.
No parent, guardian, or other person having the legal care or custody of a child under the age of 18 years shall allow or permit any such child to go on or be in or upon any of the public streets, highways, alleys, parks or other public places in the said Borough of Burgettstown between the hours of 10:00 p.m. and 6:00 a.m., as aforesaid, except as specified in § 222-1 of this chapter, or unless reasonable necessity can be shown therefor.
Any policeman of the said Borough, upon finding a child under the age of 18 years in or upon any of the public streets, highways, alleys, parks or other public places in said Borough in violation of any of the provisions of this chapter between the hours aforesaid, shall take the name of such child and the name and address of the parent, guardian or other legal person having the legal care or custody of said child, send such child home or accompany such child home, and make report of the same to the President of the Borough Council and to the Chief of Police within 24 hours, whereupon the Chief of Police, under instructions from the said President of the Borough Council, shall send to the said parent, guardian or legal custodian of such child a written notice of the violation of this chapter, together with notice to such parent, guardian or legal custodian that, unless the terms of this chapter are complied with, a penalty will be inflicted against the parent, guardian or legal custodian of such child.
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not less than $50 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 county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Washington County.