[Ord. No. 2017-745, 4/12/2017]
As used in this Part, the following terms shall have the meanings
indicated:
CURFEW HOURS
10:00 p.m. to 5:00 a.m., Eastern standard time.
EMERGENCY
An unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, an automobile accident, or
any situation requiring immediate action to prevent serious bodily
injury or loss of life.
ESTABLISHMENT
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.
GUARDIAN
1.
A person who, under court order, is the guardian of the person
of a minor; or
2.
A public or private agency with whom a minor has been placed
by a court.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
PARENT
A person who is:
1.
A natural parent, adoptive parent, or step-parent of another
person; or
2.
At least 18 years of age and authorized by a parent or guardian
to have the care and custody of a minor.
PUBLIC PLACE
Any place to which the public or a substantial group of the
public has access and includes, but is not limited to, streets, highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities, and shops.
REMAIN
2.
To fail to leave premises when requested to do so by a police
officer or the owner, operator, or other person in control of the
premises.
SERIOUS BODILY INJURY
Bodily injury that creates a substantial risk of death or
that causes death, serious permanent disfigurement, or protracted
loss or impairment of the function of any bodily member or organ.
[Ord. No. 2017-745, 4/12/2017]
1. 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.
2. A parent or guardian 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 any establishment within the
Borough during curfew hours.
3. The owner, operator, or any employee of an establishment commits
an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
[Ord. No. 2017-745, 4/12/2017]
1. It is a defense to prosecution under §
6-202 that the minor was:
A. Accompanied by the minor's parent or guardian;
B. On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
C. In a motor vehicle involved in interstate travel;
D. Engaged in an employment activity, or going to or returning home
from an employment activity, without any detour or stop;
E. Involved in an emergency;
F. Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the Borough of Morton, a civic
organization, or another similar entity that takes responsibility
for the minor, or going to or returning home from, without any detour
or stop, an official school, religious, or other recreational activity
supervised by adults and sponsored by the Borough of Morton, a civic
organization, or another similar entity that takes responsibility
for the minor;
G. Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly.
2. It is a defense to prosecution under §
6-202, Subsection
3, that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
[Ord. No. 2017-745, 4/12/2017]
Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in §
6-203 is present.
[Ord. No. 2017-745, 4/12/2017]
1. A person who violates a provision of this Part is guilty of a separate
offense for each day or part of a day during which the violation is
committed, continued, or permitted.
2. Any person who violates any of the provisions of this Part will be
duly proceeded against by summons or warrant, and upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of $50 and costs of prosecution for a first offense, a
fine of $200 and costs of prosecution for a second offense, and succeeding
offenses shall be sentenced to pay a fine of not less than $300 and
not more than $1,000 plus costs together with reasonable attorney
fees and, in default of payment of said fine and costs, to a term
of imprisonment not to exceed 90 days. All fines are to be payable
to the Borough of Morton.