[HISTORY: Adopted by the Borough Council of the Borough of North East 11-6-1995 by Ord. No. 758. Amendments noted where applicable.]
It is hereby made unlawful for any person under the age of 16 years of age to be or remain in or upon the streets, alleys or public places in the Borough at night after the hour 11:00 p.m. (prevailing time) of any day and before the hour of 6:00 a.m. (prevailing time) of any day unless such person is:
A. 
Accompanied by a parent, guardian, person having legal custody of said person or an adult person acting in loco parentis.
B. 
Traveling to or from the person's residence, to or from a school, church, religious, athletic, youth development or other supervised activity including community festivals within one hour before the commencement of any such activity and/or within one hour after the termination of said activity.
C. 
Traveling to or from the person's place of employment within one hour before the commencement of employment or within one hour after the termination of said employment.
D. 
Lawfully employed.
It is hereby made unlawful for any parent, guardian, or person having the legal care or custody of any person under 16 years of age or an adult person acting in loco parentis to allow or permit any such child, ward or other person under such age to go or be in or upon any street, alley or public place in said Borough after the time prohibited in § 216-1 of this chapter, except as herein provided.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 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 correctional facility for a period not exceeding 10 days or 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 Erie County.
Police officers of the Borough shall be authorized to convey persons under the age of 16 years found by police officers to be in violation of this chapter from the scene of any such violation to the place of residence of said person, provided the same is within the Borough. Persons found in violation of this chapter who reside outside the Borough may be transported to such location that the police officer believes reasonable to await transportation from their parents or other responsible adult to their place of residence or alternatively referred to an appropriate agency for the care of juveniles. Any such transportation is in the discretion of the police officer and is not mandatory.