As used in this chapter, the following terms shall have the
meanings indicated:
ESTABLISHMENT
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
MINOR
Any person under the age of 18 years.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
OFFICIAL TIME
Eastern standard time; except from the last Sunday in April
to the last Sunday in October, it shall be Eastern daylight saving
time.
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator," as
applied to associations or partnerships, shall include the members
or partners thereof, and as applied to corporations, shall include
the officers thereof.
PARENT
Any natural parent of a minor, a guardian, or any adult person,
18 years of age or over, responsible for the care and custody of a
minor.
PUBLIC PLACE
Any public street, parking lot, sidewalk, walkway, highway,
road or alley, park, playground, wharf, dock, public building or vacant
lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
[Amended 2-21-1995 by Ord. No. 95-3; 2-10-1998 by Ord. No. 98-2]
A. Unlawful conduct of minors.
(1) No minor shall remain on or upon any public place or any establishment
between the hours of 12:00 midnight and 6:00 a.m. of the following
day, official time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2) The provisions of this section shall not apply to any minor upon
an errand or other legitimate business directed by such minor's
parent or to any minor who is engaged in gainful employment during
curfew hours.
B. Unlawful conduct of parents.
(1) No parent shall knowingly permit any minor to remain in or upon any
public place or any establishment between the hours of 11:00 p.m.
and 6:00 a.m. of the following day, official time, except that on
Fridays and Saturdays the hours shall be from 12:00 midnight to 6:00
a.m.
(2) The provisions of this section shall not apply to any parent who
directs a minor upon an errand or other legitimate business or to
any parent of a minor engaged in gainful lawful employment during
curfew hours.
C. Unlawful conduct of owners or operators of establishments. No operator
of an establishment or his agents or employees shall knowingly permit
any minor to remain upon the premises of said establishment between
the hours of 11:00 p.m. and 6:00 a.m. of the following day, official
time, except that on Fridays and Saturdays the hours shall be from
12:00 midnight to 6:00 a.m.
D. Enforcement and penalties.
(1) Any police officer who finds a minor violating any provisions of
this chapter shall obtain information from such minor as to his name
and address, age and the name of his parent or parents. The minor
shall thereupon be instructed to proceed to his home forthwith.
(2) Any parent who violates the provision of Subsection
B above shall be subject to the following penalties:
(a)
First offense. A written notice shall be sent to the parent or parents of the minor advising of the violation of Subsection
A of this section and advising of the possible penalties if the violation occurs again. The notice shall be sent by certified mail.
(b)
Second and subsequent offenses. Any parent or parents who shall violate any provision of Subsection
B above, after having received notice of a prior violation, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay 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 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense.
(3) Any operator of an establishment who violates the provisions of Subsection
C above, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay 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 90 days. Each day that a violation of this chapter continues or each section of this chapter which shall be found to have been violated shall constitute a separate offense. This chapter may be enforced initially by violation ticket (citation); see Chapter
38, Ordinance Enforcement Procedures, Article
II, Tickets for Certain Offenses.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]