[HISTORY: Adopted by the Borough Council of the Borough of Milford as indicated in article histories. Amendments noted where applicable.]
[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]
A. 
As used in this article, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
MINOR
Person under the age of 18 years.
PARENT
Any natural parent of a minor, as herein defined, or a guardian or any adult person responsible for the care and custody of a minor. When used in this article, "parent" shall mean one or both parents.
PUBLIC PLACE
Any public street, alley, sidewalk, park, playground, public building or vacant lot in the Borough of Milford.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for emergencies or ordinary purposes such as mere passage of going home.
B. 
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
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.