[Adopted 5-5-1958 by Ord.
No. 145, approved 5-5-1958; amended in its entirety 9-22-1975 by Ord. No. 197, approved 9-22-1975 (Ch. 47 of the 1979 Code)]
[Amended 1-6-1992 by Ord.
No. 277; 10-2-1995 by Ord. No. 296; at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
It shall be unlawful for boys and girls under 18 years of age
to be or remain in or on any streets, alleys, parks or public places
of the Borough of Milford at night after the hour of 8:00 p.m. and
until 6:00 a.m. during the period of October 28 to November 2, inclusive,
of each year, unless said child is accompanied by a parent, guardian
or other person having legal custody of such child.
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody or 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 period prohibited in §
135-1 of this article except as therein provided.
[Amended 6-18-1979 by Ord. No. 222; 11-7-1988 by Ord. No. 264; at time of adoption of
Code (see Ch. 1, General Provisions, Art. I)]
Any child as above-designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of §
135-1 of this article shall be taken into custody by the Borough police and delivered to his or her parents, guardian or person having the legal custody of said child and shall make report thereof immediately to the Mayor, who shall make a record thereof in a book to be kept for that purpose. 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 §
135-1 of this article, said parent, guardian or person having legal custody of said child so offending shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys’ fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the Borough correctional facility for a period not exceeding 10 days or to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Pike County.
Said children who shall violate this article more than three times shall be reported to a society or organization whose purpose is to take charge of incorrigibles and delinquents and proceedings shall then be taken in the Court of Quarter Sessions or Juvenile Court for their permanent welfare, and a like procedure shall be taken in cases where the arrest of the parent, guardian or legal custodian shall not be effective, or where for any other reason the provisions of §
135-1 of this article cannot be made effective by fines and penalties imposed thereunder.
The police officers of the Borough in taking children into custody
under this article shall use their discretion in determining age,
and in doubtful cases may require positive proof, and until such proof
is furnished, the officer's judgment shall prevail.
[Adopted 12-4-1995 by Ord. No. 299]
This article prescribing, in accordance with prevailing community
standards, regulations for the conduct of minors on streets at night,
for the protection of younger children in the Borough of Milford from
each other and from other persons on the streets 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 incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
It shall be unlawful for any minor to be or remain in or upon
any public highway, park or other pubic place within the Borough of
Milford, or in any enclosure or vehicle which is on or in close proximity
to any such public place within the Borough of Milford, between the
hours of 12:00 midnight and 6:00 a.m. on the following day. Exceptions
to the above are the following:
A. Minor accompanied by parent, guardian, or other person having legal
care of custody of such minor.
B. Minor possessing a written statement dated that day and 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 being in a public place contrary to this article.
C. 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.
D. Minor on an emergency errand.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B above.
F. The provisions of Article
I of this chapter shall control the Halloween season as provided therein.
G. The provisions of Chapter
214, Parks and Public Areas, may provide a more restricted time period for the use of lands described therein. In such case, those more restricted provisions shall supersede these regulations.
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 article without
legal justification therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any minor found upon the streets, alleys, parks or public places within the Borough of Milford in violation of §
135-8 shall be taken into custody the Borough of Milford police or legally deputized individual, be delivered to his parent(s), guardian, or person having the legal custody of said minor, and be given a copy of this article. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of §
135-8, said parent, guardian, or person having the legal custody of said minor so offending shall, upon the second offense, be called along with offender and be so advised once again as to the penalty provisions contained in this article. Upon the third violation, said parent, guardian or person will be cited for the violation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any minor who shall violate this article more than three times may, at the discretion of the proper Borough of Milford officials, be reported to a society or organization the purpose of which is to take charge of incorrigible and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of §
135-8 of this article cannot be made effective by the imposition of fines and penalties.
The police officers of the Borough of Milford in taking minors
into custody shall use their discretion in determining age and in
doubtful cases may require positive proof of age. Until such proof
is furnished, the officer's judgment shall prevail.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding under the Pennsylvania
Rules of Criminal Procedure, be guilty of a summary offense and shall
be punishable by a fine of not more than $1,000, plus court costs
and reasonable attorneys’ fees incurred by the Borough in the
enforcement proceedings. Upon judgment against any person by summary
conviction, or by proceedings by summons on default of the payment
of the fine or penalty imposed and the costs, the defendant may be
sentenced and committed to the Borough correctional facility for a
period not exceeding 10 days or to the county correctional facility
for a period not exceeding 30 days. Each day that such violation exists
shall constitute a separate offense, and each section of this article
that is violated shall also constitute a separate offense. In addition
to or in lieu of enforcement under this section, the Borough may enforce
this article in equity in the Court of Common Pleas of Pike County.