[HISTORY: Adopted by the Borough Council of the Borough of Littlestown 3-24-1998 by Ord. No. 492. Amendments noted where applicable.]
A. 
In this chapter, the following terms shall have the meaning indicated:
CHIEF OF POLICE
The Chief of Police of the Borough of Littlestown or his/her designated representative.
CURFEW HOURS
(1) 
11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
(2) 
12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
DIRECT ROUTE
The shortest path of travel through a public place to reach a final destination without any detour or stop along the way.
EMERGENCY
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.
ESTABLISHMENT
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.
FOUND
To have been observed by a police officer in, upon or at a public place, as defined hereinbelow.
HOLDING LOCATION
A place designated by the Chief of Police to which a minor may be taken, as an alternative to the scene or location of the curfew violation, to await pick up by a parent, juvenile authorities, or Adams County Children and Youth Services.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is:
(1) 
A natural or adoptive parent of another person;
(2) 
A court-appointed guardian of another person;
(3) 
At least 21 years of age and authorized (either in writing or by prior verbal notification to the Chief of Police) by a parent or court-appointed guardian to have the care and custody of another person; or
(4) 
At least 21 years of age and determined by the police officer, under the circumstances then existing, to be willing and able to assume and be responsible for the temporary care, custody and safety of the minor.
PUBLIC PLACE
Any street, alley, highway, sidewalk, playground, park, plaza, building, or other place used by or open to the public; a minor shall also be deemed to be in or at a public place if the minor is observed trespassing on private property (inside or outside of a vehicle), or in a vehicle in, upon or at any location previously defined as a public place.
REMAIN
(1) 
Linger or stay unnecessarily; or
(2) 
Fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
B. 
Except as otherwise indicated or the context requires, all references herein to the male gender shall also refer to the female gender, and all references to the singular shall include the plural.
A. 
A minor commits an offense if he remains or is found in any public place or on the premises of any establishment within the Borough of Littlestown during curfew hours.
B. 
A parent of a minor commits an offense if he knowingly permits, or, by insufficient control, allows the minor to remain or to be found in any public place or on the premises of any establishment within the Borough of Littlestown during curfew hours.
C. 
The owner, operator, or any employee of an establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
A. 
It is a defense to prosecution under § 183-2 that the minor was:
(1) 
Accompanied by the minor's parent;
(2) 
On an errand at the direction of the minor's parent and was using a direct route;
(3) 
In a motor vehicle involved in interstate travel;
(4) 
Engaged in an employment activity, including but not limited to newspaper delivery, and was using a direct route;
(5) 
Involved in an emergency;
(6) 
On the sidewalk abutting the minor's residence;
(7) 
Attending an official school or religious activity or returning home by a direct route from an official school or religious activity;
(8) 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, or the right of assembly; or
(9) 
Married or had been married or had the disability of minority removed in accordance with state law.
B. 
It is a defense to prosecution under § 183-2C that the owner, operator or employee of an establishment promptly notified the Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
A. 
If a minor is observed in apparent violation of § 183-2A, the police officer shall ask the age of the apparent offender and inquire as to the reason(s) for being in a public place during curfew hours, before taking any enforcement action. The police officer shall proceed under Subsection B et seq., hereinbelow only if the officer reasonably believes that the minor has violated the present ordinance and that no defenses apply.
B. 
A police officer, upon finding a minor in violation of § 183-2A, shall:
(1) 
Ascertain the name and address of the minor; the minor's home telephone number; the minor's parents'('s) name(s); and the minor's parents'('s) work address(es);
(2) 
Issue to the minor a citation, therein charging the minor with a violation of § 183-2A, which shall be processed in accordance with Littlestown Borough Police Department policy (i.e., the police officer shall have the discretion to issue either a citation or a written warning, depending upon whether or not the curfew violation in question constitutes the minor's first or a repeat violation);
(3) 
Notwithstanding Subsection B(2) above, a police officer, upon finding a minor in violation of § 183-2A, shall issue a citation to the minor if the minor has received a previous written warning for a violation of § 183-2A, or reasonable grounds exist to believe that the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with State Law;
(4) 
Inquire of the minor if he/she desires to remain at the scene of the violation, or accompany the police officer to the holding location, or be transported by the police officer to the minor's home (if, and only if, the minor resides within the Borough limits); and
(5) 
Telephone the minor's parent(s) and inform the parent(s) of the occurrence of the violation, and instruct the parent(s) to pick up the minor at the scene or at the holding location, as the case may be; if the parent(s) is/are not available or refuse to promptly pick up the juvenile, as aforesaid, the police officer shall contact Adams County Children and Youth Services or another responsible person, as defined in Subsection (4) of the definition of "parent" in § 183-1 hereinabove to take custody of the minor.
C. 
After compliance with the foregoing procedures, and the arrival of the parent(s) or other responsible person (as defined hereinabove) at the holding location or at the scene or location of the incident, such parent(s) or person shall provide the information required by the Chief of Police to file an incident report, whereupon the minor shall be released into the custody of the parent or other responsible person. If a parent or other responsible person cannot be located or fails to take charge of the minor within a reasonable time (as determined at the discretion of the police officer in light of then-prevailing circumstances), the minor shall be released to the juvenile authorities or to Adams County Children and Youth Services.
D. 
If the minor's parent(s) are not available or do not respond to the direction to pick up the minor at the holding location or at the scene or location of the incident, as the case may be, the Police Department shall, by certified mail, return receipt requested, notify the parent(s) of the minor that the minor has violated § 183-2A, and, if a citation was not issued, include a written warning that any subsequent violation will result in prosecution of the minor and the parent under this chapter. If the minor was found in violation of § 183-2C at an establishment, the Police Department shall, by certified mail, return receipt requested, notify the owner, operator or employee of the establishment of the violation and, if no citation was issued, include a written warning that any subsequent violation may result in prosecution of the owner, operator or employee under this chapter.
E. 
A police officer shall, within 24 hours after finding a minor in violation of § 183-2A, file a written report on the incident or assist to the extent possible in the preparation and filing of the report by a supervisor.
A. 
For purposes of the assessment and collection of fines and penalties under the present chapter, the present chapter shall be deemed to be a public safety ordinance, under and pursuant to the pertinent provisions of the Borough Code (8 Pa.C.S.A. § 3321).
B. 
Any minor who violates § 183-2A of this chapter shall be guilty of a summary criminal offense and, as such, subject to a fine, for the first prosecution hereunder, of not more than $300 and not less than $50, together with payment of the costs of prosecution; the fine for the second and subsequent prosecutions hereunder shall be not more than $1,000 and not less than $200.
C. 
A parent of a minor who violates § 183-2B of this chapter shall be guilty of a summary criminal offense and, as such, subject to a fine, for the first prosecution hereunder, of not more than $500 and not less than $200, together with payment of the costs of prosecution; the fine for the second and subsequent prosecutions hereunder shall be not more than $1,000, and not less than $500.
D. 
The owner, operator or employee of an establishment who violates § 183-2C of this chapter shall be guilty of a summary criminal offense and, as such, subject to a fine, for the first prosecution hereunder, of not more than $500 and not less than $200, together with payment of the costs of prosecution; the fine for the second and subsequent prosecutions hereunder shall be not more than $1,000, and not less than $500.
This chapter shall become effective the 24th day of March 1998.