[Ord. No. 647R, 2/4/2008]
1. 
As used in this Part, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
MINOR
A person under the age of 18 years of age.
PARENT
Any natural or adoptive 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 Part, "parents" shall mean one or both parents.
PUBLIC PLACE
Any public area, way, street, alley, sidewalk, park, playground, public building or vacant lot, or other public place, in the Borough.
REMAIN
To stay behind, tarry or to stay unnecessarily or for no legitimate purpose upon the streets, including the congregating of groups or of interacting minors, in which any minor involved would not be using the streets for emergencies or lawful, necessary or ordinary purposes, such as mere passage of going home.
2. 
In this Part, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine and the neuter.
[Ord. No. 647R, 2/4/2008]
This is a curfew ordinance 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 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 incidence of juvenile crime activity, all for the good of minors, for the furtherance of family responsibility and for the public good, safety and welfare.
[Ord. No. 647R, 2/4/2008]
1. 
It shall be unlawful for any minor to be or remain in or upon any public highway, park or other public place within the Borough of McDonald, or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough, between the hours of 10:00 p.m. and 5:00 a.m. the following day, during any day or night during the week or weekend. Said minor shall provide prompt and truthful information as to their name, age, address and name of parent or guardian and provide identification as reasonably requested, or be in violation of this Part and subject to the penalty provided herein. The following shall be exceptions to the prohibitions above:
A. 
Minors accompanied by a parent, guardian or other person having legal care or custody of such minor.
B. 
Minors possessing a written statement dated that day and signed by a 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 Part.
C. 
Minors 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 an employer, parent or guardian.
D. 
Minors on emergency errands.
E. 
Minors traveling to and from church, school or municipal activities with a parental permission statement as in Subsection 1B above.
F. 
Minors in a vehicle being operated by a minor, permitted by law, shall be subject to the procedures and penalties set forth herein and in §§ 6-105 and 6-106 of this Part.
[Ord. No. 647R, 2/4/2008]
It is hereby made unlawful for any parent, guardian or any other person having the legal care or custody of a minor to allow or permit such minor to violate any of the provisions of this Part without legal justification therefor.
[Ord. No. 647R, 2/4/2008]
Any minor found upon the streets, alleys, parks or public places within the Borough in violation of this Part shall be taken into custody by the Borough police or legally deputized individual and be delivered to his parent or parents, guardian or person having the legal custody of said minor and be given a copy of this Part upon said parent or authorized person reporting to the Borough police station. 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 § 6-103, said parent, guardian, or person having the legal custody of said minor so offending shall, upon the second offense, be called along with the offender and be so advised once again as to the penalty provisions contained in this Part. Upon the third violation, said parent, guardian or person will be remanded to the District Justice for disposition.
[Ord. No. 647R, 2/4/2008]
Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues or each section of this Part which shall be found to have been violated shall constitute a separate offense.
[Ord. No. 647R, 2/4/2008]
Any minor who shall violate this Part may, at the discretion of the proper police or Borough officials, be reported to a society or organization, the purpose of which is to take charge of incorrigibles 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 § 6-102 of this Part cannot be made effective by the imposition of fines and penalties.