[HISTORY: Adopted by the Board of Supervisors of the Township of Mahoning 10-28-2019 by Ord. No. 2019-10.28-11. Amendments noted where applicable.]
A. 
It shall be unlawful for persons under 18 years of age (hereinafter referred to individual as "child" and in plural as "children") to be or remain in or upon any of the streets, alleys, parks or public places in the Township of Mahoning ("Township") unaccompanied by an adult during the following time periods:
(1) 
12:00 midnight through 6:00 a.m. (Eastern Time) during the summer days, which is defined to be the last day of the academic school year for Danville Area School District through the first day of school of the academic year for Danville Area School District; and
(2) 
12:00 midnight through 6:00 a.m. (Eastern Time) on Friday-Saturday and Saturday-Sunday for all non-summer days; and
(3) 
11:00 p.m. through 6:00 a.m. (Eastern Time) on Sunday through Friday for all non-summer days.
B. 
These restrictions shall not apply if a child is accompanied by parent, guardian or other person in loco parentis.
C. 
During the time periods defined in Subsection A(1) through (3) of this section, all children shall be required to be either a) accompanied by parent, guardian or other person in loco parentis or b) at home or out of the streets, alleys, parks and public places in the Township, except when traveling between the child's home, school, church or work-related activity after curfew hours.
It is hereby made unlawful for any parent, guardian or other person having legal care or custody of any of the children of the age above designated to allow or permit any such child, ward or other person under the age of 18, while in such legal custody, to go or be in or upon any of the streets, alleys, parks, or public places in said Township after the time prohibited in Subsection A(1) through (3) of this § 113-1, except as therein provided.
Any child as above designated (in § 113-1 of this chapter) found on any of the streets, alleys, parks or public places within the Township, in violation of § 113-1 of this chapter, may be taken into custody by the Township Police and delivered to his or her parent, guardian or other person in loco parentis or person having legal custody of said child and a fine of not less than $50 nor more than $300 may be imposed for this violation. If a child shall be convicted for a second violation of § 113-1 of this chapter, then the child's parent, guardian, other person in loco parentis or person having legal custody of said child so offending shall upon conviction thereof be sentenced to pay a fine of not less than $50 nor more than $300, and costs and, in default of the payment of such fine and costs, to be imprisoned for not more than five days, and a like fine or imprisonment shall be imposed upon any person aiding or abetting the violation of the intent and purpose of this chapter.
The police officers of the Township in taking children into custody under this chapter shall use their discretion in determining age, and in doubtful cases may require positive proof, and until such proof is furnished, the officer's judgment shall prevail.