[HISTORY: Adopted by the Board of Commissioners of the Borough of Mount Ephraim as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 294.
Penalties — See Ch. 305.
[Adopted 11-19-1963 by Ord. No. 246 (Ch. 41 of the 1973 Borough Code)]
[Amended 1-2-1973; 12-16-1975; 3-11-2004 by Ord. No. 722]
It shall be unlawful for any minor under the age of 18, regardless of his place of residence, to ride, loiter, run through, wander, stroll through or remain on or about any of the streets, highways, roads, roadways, alleys, parks or other areas, or in any quasi-public place or in any other place open to the public, in the Borough of Mount Ephraim, either on foot or by any form of conveyance, after the hour of 10:00 p.m., prevailing time, and before 6:00 a.m., prevailing time, except on Friday and Saturday, when the hours shall be fixed between 11:00 p.m., prevailing time and before 6:00 a.m., prevailing time, unless accompanied by a parent or legal guardian or some duly authorized and accredited custodian at least 21 years of age who exercises such control of said minor with the consent of parents or legal guardian, except as hereinafter provided.
[Amended 1-2-1973]
It shall be unlawful for any parent, legal guardian or duly authorized and accredited custodian, as defined in § 140-1, having lawful custody of any minor under the age of 18 years, to allow or permit any such minor to ride, loiter, run through, wander, stroll through or remain on or about any of the streets, highways, roads, roadways, alleys, parks or other areas, or in any quasi-public place or in any other place open to the public, in the Borough of Mount Ephraim, in violation of § 140-1 of this article, except as hereinafter provided.
[Amended 1-2-1973]
It shall be unlawful for the owner and/or operator of any quasi-public or any other place open to the public in the Borough of Mount Ephraim to suffer or permit any minor under the age of 18 years to remain on or about such premises in violation of § 140-1 of this article.[1]
[1]
Editor's Note: For violations and penalties, see § 140-7 below.
[Amended 1-2-1973]
The provisions of this article shall not apply to any minor who shall be gainfully and lawfully employed, or who shall be a bona fide evening student of any school, college or university of evening instruction, or who shall be in attendance at any evening function sponsored by a religious or school organization, or who shall be on an errand as set forth in § 140-5, during the time necessarily required to travel between such minor's residence and any of the aforesaid places at a given time; provided, however, that the parent, legal guardian or other duly authorized and accredited custodian must at all times be ready to account for the travel period allowed hereunder and be responsible for the unforeseen incidents if a minor under 18 years of age shall wander off the safest and most direct route of travel between the said minor's residence and any of the aforesaid places.
[Amended 1-2-1973]
Should an emergency arise necessitating a minor under the age of 18 years being dispatched on an errand requiring his acting in violation of § 140-1, the acts otherwise constituting a violation shall not be a violation if said minor shall have in his possession a writing signed by a parent or legal guardian or some duly authorized and accredited custodian of at least 21 years of age, stating the nature of the errand, the necessity therefor, the place or destination at which the mission is to be accomplished and the approximate times between which the errand is to be performed.
Every member of the Police Department of the Borough of Mount Ephraim and all other officials of the Borough charged with law enforcement within said Borough are hereby authorized, empowered, directed and commanded to vigorously enforce the provisions of this article, and it shall be a part of their official duty and obligation to the Board of Commissioners and the public at large to enforce said provisions.[2]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The following original sections of the 1973 Borough Code, which immediately and respectively followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I): § 41-8, Procedure following apprehension, as amended; and § 41-9, Notice of first violation; effect; § 41-10, Authority of Juvenile Conference Committee.
A. 
Any abuse of the purpose or spirit of this article shall constitute a violation of the provisions of this article, punishable as hereinafter provided. This section shall apply with respect to all such violations of said purpose or spirit of any kind, whether said violation is by parent or legal guardian in abusing the discretion conferred upon them by § 140-5, or by other persons having lawful custody of the minor, as described in § 140-1, in abusing said custody or the discretion under § 140-5, or by an owner or operator as described in § 140-3.
B. 
Upon the second or subsequent violation hereof by the same minor, the parent, legal guardian, other custodian as described in § 140-1 or other person described in § 140-3 shall be summoned by the Chief of Police of the Borough of Mount Ephraim to appear before the Judge of the Municipal Court of the Borough of Mount Ephraim to show cause why they should not be subject to the penalty provisions contained in Chapter 305, Penalties.
[Amended 1-2-1973[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 1-2-1973]
For the purposes of § 140-7, knowledge of a violation by a minor under the age of 18 years, or consent thereto by any parent, guardian, custodian (as defined in § 140-1) or any other person (described in § 140-3), shall be in no way a part of the violation of this article by such persons, nor shall proof thereof be necessary in any judicial proceeding based thereon, but the doing of the violation by the minor and the existence of any relationship, described in any section hereof, between the minor-violator and the person being charged, shall be in itself a violation hereof and warrant the imposition of all the sanctions hereof.
For the purpose of this article, the terms used herein are defined as follows:
APPREHENDING OFFICER
The person or official who was first informed of or discovered the whereabouts of the minor child standing in violation of this article.
LAWFULLY OR MORALLY RESPONSIBLE
Any person above the age of 21 years who owes a custodial responsibility to a minor child within this article.
LOITER
To linger, loaf, lounge, loll, dally, trifle, lag, slouch or poke or fritter away time without good cause.
A. 
Wherever in this article the nouns or pronouns relating to offenders denote either the singular or plural, they shall be construed to be either singular or plural as the circumstances in any case shall dictate for the attainment of the purposes hereof.
B. 
Whenever the masculine gender is used herein, it shall apply to both masculine and feminine.
[Adopted 7-5-2007 by Ord. No. 08-07]
As used in this article, the following terms shall have the following meanings:
DAWN
The first appearance of sunlight in the morning.
DUSK
The time of day immediately following sunset.
All persons are prohibited from using and/or remaining in or upon public parks located in the Borough of Mount Ephraim from dusk until dawn.
Any person found in violation of § 140-12 shall, upon conviction thereof, be required to perform community service, or subject to the penalty provisions contained in Chapter 305, Penalties.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).