[Ord. 286, 4/5/1976, § 1]
1. 
As used in this Part, the following words and terms shall have the meanings ascribed to them, except where the context clearly indicates a different meaning:
BUSINESS ESTABLISHMENT
A privately owned and operated place of business or any place of amusement or entertainment, conducted for a purpose or purposes involving pecuniary profit and located in the Borough of New Oxford.
[Added by Ord. No. 462, 10/1/2018]
CHILD
A minor person under the age of 18 years.
[Amended by Ord. No. 462, 10/1/2018]
CHILD WELFARE ORGANIZATION
A society or organization the purpose of which is to take charge of incorrigibles or delinquents and designated as such from time to time, by motion of the Borough Council.
CURFEW PERIOD
[Amended by Ord. No. 462, 10/1/2018]
A. 
Sunday evening through Friday morning curfew period. The entire period of time between 11:00 p.m. and the following morning at 6:00 a.m. (prevailing time) beginning on each of the following days of every week: Sunday, Monday, Tuesday, Wednesday and Thursday.
B. 
Saturday and Sunday morning curfew period. The entire period of time between 12:00 midnight and 6:00 a.m. (prevailing time) beginning on each of the following days of every week: Saturday and Sunday.
PARENT
Any natural parent of a minor child or a legal guardian, custodian or any adult person responsible for the custody and care of a minor child.
[Amended by Ord. No. 462, 10/1/2018]
PUBLIC PLACE
Any public street, highway, roadway, alley, park, playground, school ground, public building or vacant lot or area in the Borough of New Oxford.
[Added by Ord. No. 462, 10/1/2018]
2. 
In this Part, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
[Ord. 286, 4/5/1976, § 2; as amended by Ord. No. 462, 10/1/2018]
1. 
Unlawful Conduct of a Minor Child. It shall be unlawful for a minor child to be present, remain in or upon any public place located in the Borough of New Oxford or in or upon the premises of any business establishment located in the Borough of New Oxford during a curfew period, as defined in this Part, unless said minor child is accompanied by his or her parent or is engaged in performing an errand or such other legitimate business as specifically directed and documented by his or her parent, or if the minor child is engaged in any lawful employment during a curfew period or if the minor child is engaged in active duty in the military or armed services of the United States of America.
2. 
Unlawful Conduct of a Parent. It shall be unlawful for a parent of a minor child to knowingly permit the minor child to be present, remain in or upon a public place located in the Borough of New Oxford or in or upon the premises of a business establishment located in the Borough of New Oxford during a curfew period in violation of § 6-502, Subsection 1, of this Part.
3. 
Unlawful Conduct of Owner or Operator of Business Establishment. It shall be unlawful for the owner or operator of a business establishment to knowingly permit a minor child to remain in or upon the premises of a business establishment located in the Borough of New Oxford during a curfew period in violation of § 6-502, Subsection 1, of this Part.
[Ord. 286, 4/5/1976, § 3; as amended by Ord. 384, 6/7/1999; and by Ord. No. 462, 10/1/2018]
Any minor child, parent or owner or operator of a business establishment engaged in unlawful conduct as set forth in § 6-502 of this Part shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 nor more than $600, plus the costs of prosecution, and in default of payment of any fines or costs, sentenced to a term of imprisonment not to exceed 30 days.
[Ord. 286, 4/5/1976, § 4; as amended by Ord. 384, 6/7/1999; and by Ord. No. 462, 10/1/2018]
1. 
Law enforcement officers of the Eastern Adams Regional Police Department shall be authorized to enforce the provisions of this Part.
2. 
Any law enforcement officer who finds that a minor child has violated the provisions of this Part shall:
A. 
Obtain identification from such minor child to include the child's name, age and residential address and the identity of the minor child's parent(s).
B. 
Take any of the following actions, which the law enforcement officer reasonably believes to be necessary in order to protect the health, safety and welfare of the minor child and of the general public:
(1) 
Transport the minor child to the child's residence and deliver the minor child into the custody and care of a parent or the parents of the minor child; or
(2) 
Transport the minor child to the appropriate Eastern Adams Regional Police Department police station where the law enforcement officer, or his or her supervisor, may issue a citation for violation of this Part. The law enforcement officer, or his or her supervisor, shall immediately notify a parent of the minor child relative to the location of the minor child and shall provide the parent with the type of identification information which will be required in order for the parent to obtain the minor child's release. Upon the arrival at the police station of the parent or parents of the minor child and his, her or their presentation to the law enforcement officer, or his or her supervisor, of the required identification information, the minor child will then be released to the custody of the parent or parents, who shall thereupon be issued written notice that the minor child has violated the provisions of this Part. If a parent or the parents of the minor child cannot be identified and contacted by a law enforcement officer, or his or her supervisor, within a reasonable period of time to obtain custody of the minor child, the minor child may then be released from police custody unless other action is warranted under and pursuant to the pertinent provisions of the Juvenile Act (42 Pa.C.S.A. § 6301 et seq.).
C. 
When the only offense of the minor child is a violation of section § 6-502, Subsection 1, of this Part, and absent any circumstances in which the law enforcement officer believes that the safety of the minor child or the officer may be compromised, handcuffs will not be used to restrain the minor child. If handcuffs are used to restrain a minor child, the rationale for such use of restraint will be provided in the incident report issued for the violation of this Part.
D. 
If the minor child was involved in any criminal activity in addition to a violation of § 6-502, Subsection 1, of this Part, the minor child shall be processed for such criminal activity and issued a citation for the same.
3. 
Any law enforcement officer, who finds that a parent of a minor child knowingly permitted his or her minor child to remain in or upon any public place or business establishment in violation of § 6-502, Subsection 1, of this Part, may issue to the parent a nontraffic summary citation consistent with the provisions of the law authorizing the issuance of such citation.
4. 
Any law enforcement officer, who finds that an owner or operator of a business establishment knowingly permitted a minor child to remain in or upon the premises of the business establishment in violation of § 6-502, Subsection 1, of this Part, may issue to such person a nontraffic summary citation consistent with the provisions of the law authorizing the issuance of such citation.
5. 
Any law enforcement officer, who finds a violation of this Part by a minor child, shall attempt to determine the address and location of the minor child's parent or parents and shall serve upon such person or persons, by either personal service or by United States first class mail, a written code violation notice.
[Ord. 286, 4/5/1976, § 5; as amended by Ord. 384, 6/7/1999]
If any child shall be found violating any of the provisions of § 502 of this Part more than three times, the Mayor shall report such fact to the child welfare organization and proceedings shall then be taken in the Court of Common Pleas or the Juvenile Court for the permanent welfare of such child, and a like procedure shall be followed in cases where the arrest and prosecution of the parent shall not be effective.