[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.
