[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:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Eastern standard time except during those months when Eastern
daylight saving time is observed in the Borough of Lemoyne.
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.
Any natural parent, guardian or other person having the legal
care or custody of a minor.
Any public street, highway, road, alley, park, playground,
wharf, dock, public building or vacant lot.
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.Â
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.Â
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.Â
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.Â
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.
