[HISTORY: Adopted by the Borough Council of the Borough of New Eagle 10-4-2016. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
- Person under the age of 18 years.
- Any natural parent of a minor, as herein defined, or a guardian or any adult person responsible for the care and custody of a minor. When used in this chapter, "parent" shall mean one or both parents.
- PUBLIC PLACE
- Any public street, alley, sidewalk, park, playground, public building or vacant lot in the Borough of New Eagle.
- To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for emergencies or ordinary purposes such as mere passage of going home.
In this chapter, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
This is a curfew ordinance prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets at night, for the protection of younger children in the Borough of New Eagle from each other and from other persons on the streets during nighttime hours, for the enforcement of parental control and responsibility for their children, for the protection of the public from nocturnal mischief by minors and for the reduction of the incidence of juvenile criminal activity, all for the good of minors, for the furtherance of family responsibility, and for the public good, safety and welfare.
It shall be unlawful for any minor to be or remain in or upon any public highway, park or other public place within the Borough of New Eagle or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough of New Eagle between the hours of 11:00 p.m. and 6:00 a.m. on the following day.
Exceptions to the above are the following:
Minor accompanied by parent, guardian or other person having legal care or custody of such minor.
Minor possessing a written statement dated that day and signed by parent, guardian or other person having the legal care or custody of such minor, which statement specifies the time, place, purpose and necessity of the minor being in a public place contrary to this chapter.
Minor lawfully employed making it necessary to be on or in highways, streets, parks, etc., as stated above and possessing a current letter certifying the same and signed by employer, parent or guardian.
Minor on an emergency errand.
It is hereby unlawful for any parent, guardian or the person having the legal care or custody of a minor to allow or permit such minor to violate any of the provisions of this chapter without legal justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Borough of New Eagle in violation of § 146-3A shall be taken into custody by the Monongahela Police or a legally deputized individual; be delivered to the parent(s), guardian or person having the legal custody of said minor; and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. Said parent, guardian or person having the legal custody of said minor so offending shall, upon the second offense, be called along with offender and be so advised once again as to the penalty provisions contained in this chapter. Upon the third violation, said parent, guardian or person will be cited for the violation.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough of New Eagle officials, be reported to a society or organization, the purpose of which it to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor, and a like procedure may be taken in cases where the arrest of the parent is not effective or where for any other reason the provisions of § 146-3A of this chapter cannot be made effective by the imposition of fines and penalties.
Monongahela police officers in taking minors into custody shall use their discretion in determining age and in doubtful cases may require positive proof of age. Until such proof is furnished, the officer's judgment shall prevail.
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 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.