[Adopted 4-19-1983 by Ord. No. 433]
[Amended 8-16-2012 by Ord. No. 12-10]
It shall be unlawful for any minor (herein defined to be a person under 18 years of age) to be or remain in or upon any public highway, park or other public place within the Borough of Sharpsburg, or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough of Sharpsburg, between the hours of 9:00 p.m. EST or 10:00 p.m. DST and 6:00 a.m. on the following day. Exceptions to the above are:
1. 
Minor accompanied by parent, guardian or other person having legal care or custody or such minor.
2. 
Minor possessing a written statement, dated that day, signed by parent, guardian or other person having the legal care or custody of such minor, which statement specifies the time, place, purpose and necessity of the minor's being in a public place contrary to this part.
3. 
Minor lawfully employed, making it necessary to be on or in highways, streets, parks, etc., as stated above and possessing a current letter certifying the same and signed by employer, parent or guardian.
4. 
Minor on an emergency errand.
5. 
Minor traveling to and from church, school or municipal activity with parental per mission statement as in Subsection 2 above.
It is hereby made unlawful for any parent, guardian or the person having the legal care or custody of a minor to allow or permit such minor to violate any of the provisions of this part without legal justification therefor.
[Amended 7-13-1998 by Ord. No. 98-5]
Any minor as designated in § 6-301 found upon Borough streets, alleys, parks or public places within the Borough of Sharpsburg in violation of § 6-301 shall be taken into custody by the Borough police or legally deputized individual, and said minor will be remanded to the Magisterial District Judge for disposition and/or enforcement action which is consistent with the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. Any parent, guardian or legal custodian of said minor who permits or allows said minor to violate this Part 3, will also have violated this Part 3 and will be subject to the penalties as set forth in § 3-305 of this part.
The police officers of the Borough of Sharpsburg in taking minors into custody shall use their discretion in determining age and, in doubtful cases, may require positive proof. Until such proof is furnished, the officer's judgment shall prevail.
[Amended 7-13-1998 by Ord. No. 98-5; 2-21-2013 by Ord. No. 13-05]
Any person, firm or corporation who shall violate any provision of this part shall, upon conviction thereof, 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 30 days. Any "child," as defined in the Juvenile Act, who shall violate any provisions of this part shall be prosecuted consistent with the terms and provisions of the Juvenile Act as hereinbefore stated.