In this chapter, the following definitions shall apply:
AFTER HOURS
The period beginning at 10:00 p.m. and ending at 5:00 a.m.
on every day of the year.
ESTABLISHMENT
Any privately owned place of business carried on for profit,
any place of entertainment to which the public is invited, and any
similar place.
MINOR
Any person who has not reached his 18th birthday.
OPERATOR
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment and, whenever
used in any clause prescribing a penalty, the word "operator" as applied
to associations or partnerships shall include the members, partners,
officers and managers thereof or any of them, and as applied to corporations
shall include the officers and managers thereof or any of them.
PARENT
The natural or adoptive parent or a guardian or other person
21 years of age or older responsible for the custody or care of any
minor.
PUBLIC PLACE
Any public street, highway, road, alley, bridge, park, playground,
vacant lot, public building or similar place.
REMAIN
"Loiter," "idle," "wander," "stroll," "play" or "be."
It shall be unlawful for any minor to remain in or upon any
public place or establishment in the Borough of Etna after hours unless
accompanied by a parent or upon an errand or other legitimate business
directed by a parent, or unless engaged in gainful, lawful employment
after hours, in which case such minor shall carry written identification
and evidence of such employment.
It shall be unlawful for any parent knowingly to permit any
minor to remain in or upon any public place or any establishment after
hours unless such parent shall accompany the minor or shall direct
the minor in writing to perform an errand or engage in other legitimate
business, which writing shall be kept in the possession of such minor;
or unless such minor is engaged in gainful, lawful employment after
hours, in which case such minor shall carry written identification
and evidence of such employment.
It shall be unlawful for any operator of an establishment knowingly
to permit any minor to remain in or upon the premises of such establishment
after hours.
Any police officer who shall find a minor violating any provision
of this chapter shall endeavor to obtain the name, age, date of birth
and address of the minor and the names of the minor's parents.
The minor shall thereupon either be brought to the police station
and the parents notified or shall be taken or instructed to proceed
directly to his home. The information obtained from the minor, together
with a full report, shall be transmitted to the Chief of Police, who
shall cause written notice to be delivered, by United States Mail
or otherwise, to the parents of such minor, advising them of the violation
of this chapter. A record of all violations shall be kept.
[Amended 12-11-1989 by Ord. No. 1208]
A. Any person who permits any minor to violate any provision of this
chapter after having received a notice of a prior violation shall,
upon conviction, be sentenced to pay a fine of not more than $600
and costs of prosecution and, in default of payment of fine and costs,
to undergo imprisonment for not more than 30 days.
B. Any operator who violates any provision of this chapter shall for
every such violation, upon conviction, be sentenced to pay a fine
of not more than $600 and costs of prosecution and, in default of
payment of fine and costs, to undergo imprisonment for not more than
30 days.
C. Any minor who violates any provision of this chapter more than three
times shall be arrested by the Borough Police and turned over to the
Family Court Division of the Court of Common Pleas of Allegheny County,
and proceedings shall then be taken in that Court for the permanent
welfare of that minor, and a like procedure shall be taken where the
arrest of the parent is not effective or where for any other reason
the curfew established by this chapter cannot be made effective by
fines and penalties imposed by this section.