[HISTORY: Adopted by the Borough Council
of the Borough of Matamoras 10-3-1972 as Ord. No. 154, approved 10-3-1972; amended in
its entirety 6-7-2011 by Ord. No.
315. Subsequent amendments noted where applicable.]
The purpose of this chapter is to promote the general welfare
and protect the general public through the reduction of juvenile crime
and victimization within the Borough; to promote the safety and well-being
of persons under the age of 18, "children," whose inexperience renders
them vulnerable to becoming participants in unlawful activities and
to being victimized by older perpetrators of crime; and to foster
and strengthen parental responsibility for children.
A.
General curfew. It shall be unlawful for boys and girls under 18
years of age, such persons being defined for the purposes of this
chapter as "children," to be or remain in or on any of the streets,
alleys, parks or public places in the Borough of Matamoras at night
after the time of 11:00 p.m. and until 6:00 a.m. during the period
from November 3 to September 30, inclusive, unless such person is
accompanied by any parent, guardian or other person having the legal
custody of such child. After the time of 11:00 p.m. each evening and
until 6:00 a.m. the following morning, and during the period hereinabove
specified, all such children shall be required to be at home or out
of the streets, alleys, parks and public places in the Borough herein
provided for.
B.
Curfew during Halloween period. It shall be unlawful for boys and
girls under 18 years of age, such persons being defined for the purposes
of this chapter as "children," to be or remain in or on any of the
streets, alleys, parks or public places in the Borough of Matamoras
at night after the time of 8:00 p.m. during the period from October
1 to November 2, inclusive, of each year, unless such person is accompanied
by any parent, guardian or other person having the legal custody of
such child. After the time of 8:00 p.m. each evening and until 6:00
a.m. the following morning, and during the period hereinabove specified,
all such children shall be required to be at home or out of the streets,
alleys, parks and public places in the Borough herein provided for.
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any of the children of the age above designated to allow or permit any such child, ward or any person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys, parks or public places in said Borough after the time and during the periods prohibited in § 56-1 of this chapter, except as herein provided.
Any child as above designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of § 56-1 of this chapter may be taken into custody by police and delivered to his or her parents, guardian or person having the legal custody of said child. A written notice of warning shall be given to said parent, guardian or person having the legal custody of said child at the time of such delivery. If said parent, guardian or person having the legal custody of said child shall again allow him or her to be on said streets, alleys, parks or public places in violation of § 56-1 of this chapter, said parent, guardian or person having legal custody of said child so offending may thereafter be charged with an offense under this chapter at the discretion of the police, and shall, upon conviction thereof, be punishable by a fine of not more than $300 and costs of such proceedings or, upon default of payment of such fines and costs, by imprisonment in the county jail for a term of not more than 30 days.
It is hereby made unlawful for any minor or adult to trick or treat upon any of the streets, alleys, parks or public places in said Borough after the time and during the period prohibited in § 56-1 of this chapter, except as therein provided.
The police officers, in taking children into custody under this
chapter, shall use their discretion in determining age and, in doubtful
cases, the police officers may require positive proof and, until such
proof is furnished, the officer's judgment shall prevail.
The following circumstances shall be exceptions to the general
restrictions found above:
A.
The child is involved in an emergency.
B.
The child is engaged in employment, or is going to or returning from
such employment without detour or stop.
C.
The child is attending an activity sponsored by the school, religious
or civic organization or agency, which activity is supervised by adults,
or is going to or returning from such activity without detour or stop.
D.
The child is on an errand at the direction of the parent and is in
possession of a note signed by the parent which specifically references
the nature, date and time of the errand.
E.
The child is involved in the exercise of First Amendment rights protected
by the United States Constitution.
