[Ord. 718, 12/15/2005, § 1]
This is a curfew ordinance prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets, public property and certain private property at night, for the protection of younger children in the Borough from each other and from other persons 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 incidents of juvenile criminal activity, all for the good of the minors, for the furtherance of family responsibility and to effect the public health, safety and welfare.
[Ord. 718, 12/15/2005, § 2.01; as amended by Ord. 752, 1/17/2012]
1. 
Definitions.
CHIEF OF POLICE
The Chief of Police of the police force providing police protection services to the Borough or a designated representative or any representative of another police force providing police services to the Borough of Ben Avon.
CURFEW HOURS
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day.
(2) 12:01 a.m. until 6:00 a.m. on any Saturday and 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
Means, 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.
HOLDING LOCATION
A place designated by the Chief of Police to which a minor who is taken into custody for a violation of this section will be delivered to await pick-up by a parent or other responsible adult. For purposes of this Part, it shall mean either the Ben Avon Borough Hall or the police station of the municipality then furnishing police services to Ben Avon Borough; should the minor require medical attention, for this purpose only, the term shall mean a hospital.
MINOR
Any person who has not reached the 18th anniversary of his or her birth.
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 a minor person subject to this Part.
(2) A court appointed guardian of a minor person subject to this Part.
(3) At least 21 years of age and authorized by a parent or court appointed guardian to have the care and custody of a minor person subject to this Part.
PUBLIC PLACE
Any street, alley, highway, sidewalk, playground, park, plaza, building or other place used by or open to the public.
REMAIN
(1) To linger or stay unnecessarily.
(2) To 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.
[Ord. 718, 12/15/2005, § 2.02]
1. 
A minor commits an offense if he or she remains in any public place or on the premises of any establishment within the Borough during curfew hours.
2. 
A parent of a minor commits an offense if he or she knowingly permits, or by insufficient control, allows the minor to remain in any public place or on the premises of any establishment within the Borough during curfew hours.
3. 
The owner, operator or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
[Ord. 718, 12/15/2005, § 2.03]
1. 
It is a defense to prosecution under § 6-403 that the minor was:
A. 
Accompanied by the minor's parent, legal guardian or other person having custody of such minor.
B. 
On an errand at the direction of the minor's parent, legal guardian or other person having custody of the minor and was using a direct route and had in his or her possession a written statement signed by the parent or other guardian stating the date, time, place and reason why the minor was otherwise violating this Part.
C. 
In a motor vehicle involved in interstate travel.
D. 
Engaged in an employment activity, including, but not limited to, newspaper delivery and going to and from the minor's residence and the normal place of employment, and using a direct route.
E. 
Involved in an emergency.
F. 
On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police officer about the minor's presence.
G. 
Attending an official school, municipal or religious activity or returning home by a direct route from art official school, municipal or religious activity.
H. 
Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
I. 
At the time of the offense, married or had been married or had the disabilities of minority removed.
2. 
It is a defense to prosecution under § 6-403, Subsection 3, that the owner, operator, or employee of an establishment promptly notified the police that a minor was present on the premises of the establishment during curfew hours and refused to leave.
[Ord. 718, 12/15/2005, § 2.04]
1. 
A police officer, upon finding a minor in violation of § 6-403, Subsection 1, shall:
A. 
Ascertain the name and address of the minor.
B. 
Issue to the minor a written warning that the minor is in violation of § 6-403, Subsection 1.
C. 
Order the minor to go promptly home by a direct route.
2. 
Notwithstanding Subsection 1 of this section, a police officer, upon finding a minor in violation of § 6-403, Subsection 1, may take the minor into custody and deliver the minor to a holding location if:
A. 
The minor has received two previous written warnings for a violation of § 6-404, Subsection 1.
B. 
Reasonable grounds exist to believe the minor has engaged in delinquent conduct or conduct indicating a need for supervision in accordance with the juvenile law of the Commonwealth of Pennsylvania.
3. 
When a minor is taken into custody under this subsection, the police department shall immediately notify a parent or legal guardian to pick up the minor at the holding location. After a parent or legal guardian arrives at the holding location and provides the information required by the Chief of Police to file an incident report, the minor shall be released into the custody of the parent or legal guardian. If a parent or legal guardian cannot be located or fails to take charge of the minor, the minor shall be released into the custody of another responsible adult. While in custody of the police department under this Part, the minor shall not be placed into contact with any prisoners or adult detainees, and shall be detained only until such time as the minor is released into the custody of his or her parent, legal guardian or other responsible adult.
4. 
If a minor is not taken into custody for a violation of § 6-403, Subsection 1, the police department shall by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 6-403, Subsection 1, and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this section. If the minor was found in violation of § 6-403, Subsection 1, 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 include a warning that any subsequent violation may result in prosecution of the owner, operator, and employee under this section.
5. 
A police officer or his or her supervisor shall file a written report on any incident involving finding a minor in violation of § 6-403, Subsection 1.
[Ord. 718, 12/15/2005, § 2.05; as amended by Ord. 752, 1/17/2012]
1. 
A parent of a minor who violates § 6-403, Subsection 2, is, upon conviction, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
2. 
The owner, operator, or employee of an establishment who violates § 6-403, Subsection 3, is, upon conviction, shall be sentenced to a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.