[HISTORY: Adopted by the Borough Council of the Borough of
Catawissa 12-5-1994 by Ord. No.
1994-02 (Ch. 6, Part 4, of the 1983 Code of Ordinances).
Amendments noted where applicable.]
[Amended 10-7-2002 by Ord. No. 2002-07]
As used in this chapter, the following terms have the meanings
indicated, unless a different meaning clearly appears from the context:
The Chief of Police of the Borough of Catawissa or a designated
representative.
11:00 p.m. until 6:00 a.m.
The shortest path of travel through a public place to reach
a final destination without any detour or stop along the way.
Any situation requiring immediate action to prevent serious
bodily injury or loss of life, including, but not limited to, a fire,
natural disaster or automobile accident.
Any privately owned place of business operated for a profit
to which the public is invited, including, but not limited to, any
place of amusement or entertainment.
Any person under 18 years of age.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association and the officers of a corporation.
A person who is:
Any street, alley, highway, sidewalk, playground, park, plaza,
building or other place used by or open to the public.
To:
A.
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the Borough during curfew
hours.
B.
A parent of a minor commits an offense if he knowingly permits, or
by insufficient control allows, the minor to remain in any public
place or on the premises of an establishment within the Borough.
C.
The owner, operator or any employee of an establishment commits an
offense if he knowingly allows a minor to remain on the premises of
the establishment during curfew hours.
A.
It is a defense to prosecution under § 160-2 that the minor was:
(1)
Accompanied by the minor's parent.
(2)
On an errand at the direction of the minor's parent and was
using a direct route.
(3)
In a motor vehicle involved in interstate travel.
(4)
Engaged in an employment activity, including, but not limited to,
newspaper delivery, and was using a direct route.
(5)
Involved in an emergency.
(6)
On a sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to a police officer about the minor's presence.
(7)
Attending an official school or religious activity or returning home
by direct route from an official school or religious activity.
(8)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech
and the right to assemble.
(9)
Married or has been married.
B.
The Police Department shall, by certified mail, return receipt requested, notify a parent of a minor that the minor has violated § 160-2A and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this chapter. If the minor was found in violation of § 160-2A at an establishment, the Police Department shall, by certified mail, return receipt requested, notify the owner, operator or employee of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator and employee under this chapter.
