[Ord. 530, 10/14/1969, § 1]
This Part 2 shall be known as the Curfew Ordinance of the Borough
of Beaver.
[Ord. 530, 10/14/1969, § 2]
Council, being cognizant of the problem of juvenile delinquency
and believing that it can be dealt with more effectively by regulating
the hours during which minors less than 18 years of age may remain
in public places and certain establishments without adult supervision
and by defining more clearly certain duties and responsibilities upon
those who have the custody and responsibility for the care of such
minors, directs that in the administration and enforcement of this
Part 2 the fundamental purpose of reducing juvenile delinquency shall
be foremost.
[Ord. 530, 10/14/1969, § 3]
In this Part 2, the following definitions shall apply:
The period after 11:00 p.m. and before 6:00 a.m. of the following
day.
Any privately owned place of business, any place of amusement
or entertainment to which the public is invited, and any similar place.
Any person less than 18 years of age; and for the purpose
of this Part 2, a person shall be deemed to be 18 years of age on
the date of his 18th birthday and not before that time.
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment; and whenever
used in any clause prescribing a penalty, the word "operator," as
applied to an association or partnership, shall include the members,
partners, officers and managers thereof or any of them, and as applied
to a corporation, shall include officers and managers thereof or any
of them.
The natural parent or guardian or adult person 21 years of
age or over, responsible for the custody or care of any minor.
Any public street, highway, road, alley, park, playground,
vacant lot, public building, railway station, bus terminal or similar
place.
Loiter, idle, wander, stroll, play or be.
[Ord. 530, 10/14/1969, § 4]
It shall be unlawful for any minor to remain in or upon any
public place or establishment in the Borough after hours unless accompanied
by a parent or upon an errand or other legitimate business directed
by a parent or unless engaged in gainful, lawful employment after
hours, in which case that minor shall carry written identification
and evidence of employment.
[Ord. 530, 10/14/1969, § 5]
It shall be unlawful for any operator of an establishment knowingly
to permit any minor to remain in or upon the premises of that establishment
after hours.
[Ord. 530, 10/14/1969, § 6]
Each violation of the provisions of this Part 2 shall constitute
a separate offense.
[Ord. 530, 10/14/1969, § 7]
1.
Any police officer who finds a minor violating any provision of this Part 2 shall endeavor to obtain the name, age, date of birth and address of the minor and the names of the minor's parents. The minor shall thereupon either be brought to the police station and the parents notified or shall be taken or instructed to proceed directly to his home. The information obtained from the minor, together with a full report, shall be transmitted to the Chief of Police, who shall cause a written notice to be delivered, mailed or otherwise, to the parents of the minor advising them of the violation of this Part. A record of all violations shall be kept.
2.
A police officer of the Borough in taking a minor into custody under
this Part 2 shall use his discretion in determining age and, in doubtful
cases may require positive proof, and until that proof is furnished,
the officer's judgment shall prevail.
[Ord. 530, 10/14/1969, § 8; as amended by Ord.
621, 12/14/1983]
1.
Any parent who permits a minor to violate any provision of this Part
2 shall, upon conviction thereof, be sentenced to pay a fine of not
more than $300 and/or to be imprisoned for a term not to exceed 90
days.
2.
Any operator who violates any provision of this Part 2 shall, upon
conviction thereof, be sentenced to pay a fine of not more than $300
and/or to be imprisoned for a term not to exceed 90 days.
3.
Any minor who violates this Part 2 more than three times shall be reported to a society or department of incorrigibles and delinquents, and proceedings will be then taken in the Court of Common Pleas or juvenile court for his permanent welfare, and a like procedure shall be taken in cases where the arrest of the parent or operator shall not be effective, or where for any other reason the provisions of this Part 2 cannot be made effective by fines and penalties imposed under this section.
[Ord. 530, 10/14/1969, § 9]
Council, on recommendation of the Chief of Police, is authorized
from time to time to promulgate such rules and regulations, including
the extension of hours for special occasions, as in its sole and uncontrolled
discretion shall be necessary or useful in the enforcement of this
Part 2.
[Ord. 530, 10/14/1969, Rules and Regulations]
1.
Curfew hours may be extended for church, school and recreational
activities or other functions when it is not practical to have such
functions over during curfew hours. Whenever possible, the person
responsible for fixing closing hours for such functions will be expected
to conform with curfew hours.
2.
Where gatherings are over in compliance with the curfew hours, minors
will be given a reasonable time to reach their homes.
3.
Persons requesting extension of hours for a particular date shall
make the request, in writing, to the Chief of Police at least 10 days
prior to the said date.
4.
Any parent who makes an honest effort to control his child or children
and is unable to have them comply with curfew regulations will not
be prosecuted but, instead, the child will be petitioned into juvenile
court.
5.
Any minor engaging in gainful employment in any public place or establishment
after hours is required to comply with the provisions of the Child
Labor Law as to night work and shall hold the required work permit
issued by the Superintendent of Schools.
6.
Parent sending minors on errands after hours may do so by giving
them a written note describing the errand with date and time of leaving
their home. Only legitimate errands will be permitted.
7.
Any minor stopped by a police officer for a curfew violation will
be brought to police headquarters and parents will be notified to
pick him up. If there is any doubt in the mind of the officer about
the violation, the officer will take the necessary information from
the minor and permit him to go to his home. The information will be
checked and necessary action taken later.
8.
The Police Department will handle all records and all prosecutions
of the Curfew Ordinance.
9.
These rules and regulations cover all minors under the curfew ordinance,
regardless of their place of residence.
10.
Newspaper boys or girls will not be required to obtain work permits
for early morning selling and/or delivering of newspapers.
