Borough of Lemoyne, PA
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Lemoyne 10-1-1981 by Ord. No. 534 (Ch. 6, Part 4, of the 1984 Code of Ordinances). Amendments noted where applicable.]
The following words shall have the meaning subscribed to them in this section, except where the context in which the word is clearly indicated otherwise:
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.
OFFICIAL BOROUGH TIME
Eastern standard time except during those months when Eastern daylight saving time is observed in the Borough of Lemoyne.
OPERATOR
Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment, and whenever sued in any clause prescribing a penalty, the term "operator" as applied to associations or partnerships includes the members or partners thereof and as applied to corporations, includes the officers thereof.
PARENT
Any natural parent, guardian or other person having the legal care or custody of a minor.
PUBLIC PLACE
Any public street, highway, road, alley, park, playground, wharf, dock, public building or vacant lot.
REMAIN
To loiter, idle, wander, stroll or play in or upon.
No minor shall be or remain in or upon any public place or any establishment between 11:00 p.m. and 6:00 a.m. of the following day, unless such minor is accompanied by a parent or is engaged in gainful and lawful employment during the time prohibited.
No minor shall remain in or upon a public place or any establishment during the time prohibited in § 206-2 of this chapter, except as therein provided.
No parent shall allow or permit any minor to remain in or upon any public place or any establishment during the time prohibited in § 206-2 of this chapter except as therein provided.
No operator of an establishment or the servants, agents or employees or such operator, shall allow or permit any minor to be or remain in or upon the premises of such establishment during the time prohibited in § 206-2 of this chapter, except as therein provided.
The police of the Borough of Lemoyne, upon finding a minor in or upon any of the public places or establishments of the Borough of Lemoyne shall take the minor into custody and deliver such minor to his or her parent and in a book designated as "Curfew Record Book" make a record of the name of the minor, the name of his or her parent, the address of the minor and parent, the date and hour said minor was taken into custody and delivered to his or her parent. Said entry shall be signed by the officer making same or causing same to be made.
A. 
Any minor who violates any provision of this chapter shall be fined $10 for the first offense, $20 for the second offense, $50 for the third offense, $100 for the fourth offense and $300 for the fifth offense and each offense thereafter, and costs of suit.
B. 
Any parent who violates any provision of this chapter shall be fined $10 for the first offense, $20 for the second offense, $50 for the third offense, $100 for the fourth offense and $300 for the fourth offense and each offense thereafter, and costs of suit, and, in default of the payment of such fine and costs, shall be imprisoned for not more than 10 days.
C. 
Any operator of an establishment and any agent, servant or employee of such operator violating any provision of this chapter shall be fined not less than $10 nor more than $300 and costs of suit, and in default of payment of such fine and costs shall be imprisoned for not more than 10 days.
D. 
Each violation of the provisions of this chapter shall constitute a separate offense.
The provisions of this chapter shall be severable, and if any of its provisions shall be held to be unconstitutional, illegal or invalid, such decisions shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been adopted had such unconstitutional illegal or invalid provision not been included herein.