[Adopted by the City Council of the City of Clairton 10-8-2019 by Ord. No. 1945. Amendments noted where applicable.]
The following establishes specific prohibited acts of minors residing within this municipality and the penalties imposed on minors and their parents in the event they violate any of the provisions set forth in this chapter.
As used in this chapter, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
GUARDIAN
Any person other than a parent who has legal guardianship of a minor.
MARIJUANA
All forms of the genus Cannabis Sativa L, as defined by Pennsylvania's Controlled Substance, Drug, Device and Cosmetics Act, 35 Pa.C.S.A. §§ 780-1 through 780-144 (2019).
MINOR
Any person under the age of 18 years.
PARENT
Any person responsible for the care and custody of a minor.
PERSON
Any individual or retail establishment.
PRIVATE ESTABLISHMENT
Any land, building or other structure, including single and multifamily dwellings and commercial and industrial buildings, not owned by a public entity.
PUBLIC PLACE
Any public street, highway, road, park, playground, public building, vacant lot or parking area open to the general public.
SMOKING
Any inhaling, exhaling, burning or carrying of any lighted cigar, cigarette, pipe or other such device which contains marijuana.
A. 
Possession or smoking of a small amount of marijuana.
(1) 
It shall be unlawful for any minor to be found by an authorized member of law enforcement to be in possession of a small amount of marijuana.
(a) 
Possession of marijuana occurs when a minor knows of the marijuana's presence and has physical control of it or has the power and intention to control it.
(b) 
A "small amount of marijuana" refers to 30 grams or less or eight grams or less of hashish as set forth in 35 Pa.C.S.A. § 780-113(a)(31).
(2) 
It shall be unlawful for any minor to be found by an authorized member of law enforcement to be engaged in smoking of marijuana.
(3) 
The parent or legal guardian of a minor who violates this subsection shall also be in violation of this subsection.
B. 
Curfew violations.
(1) 
It shall be unlawful for any minor to remain idle or play in or upon any public place or at any private establishment between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Sunday through Saturday of each week.
(2) 
No parent or legal guardian shall knowingly permit any minor to remain in or upon any public place or at any private establishment during these specified hours of curfew.
(3) 
Provisions of this subsection shall not apply during the existence of any of the following scenarios:
(a) 
The minor is accompanied by a parent or legal guardian.
(b) 
In a case of reasonable necessity, but only after the minor's parent or guardian has communicated to the local police station the facts establishing such reasonable necessity.
(c) 
The minor is engaged in lawful employment during the aforesaid hours. The minor must apply for a certificate permitting the minor to be out during the hours of curfew.
(d) 
The minor is returning home by a direct route from a school activity or an activity of a religious or other voluntary association.
C. 
Disorderly conduct. Disorderly conduct is prohibited within the limits of the municipality. Any minor shall be in violation of this subsection if he or she carries out any of the following prohibited acts:
(1) 
Participates in the making of a riot, noise, disturbance, or disorderly assembly in any public place within the corporate limits of the municipality;
(2) 
Causes or tends to cause a disturbance of the peace and good order of the municipality;
(3) 
Causes or tends to cause any danger, discomfort, or annoyance to any of the inhabitants of the municipality;
(4) 
Engages in loud, boisterous, or profane language;
(5) 
Appears on any public street, place or alley under the influence of intoxicating liquors; or
(6) 
Fights or incites others to fight at any public place.
D. 
Harassment. Harassment is prohibited within the municipality. Any minor shall be in violation of this subsection if he or she carries out any of the following prohibited acts:
(1) 
Strikes, shoves, kicks or otherwise subjects another person to physical contact, or attempts or threatens to do the same;
(2) 
Follows another person in or about a public place;
(3) 
Communicates to or about another person using lewd, threatening, or obscene words, language, or drawings; or
(4) 
Communicates repeatedly to another person in an anonymous manner.
A. 
Any minor found to be in violation of this chapter shall be issued a notice of violation by a police officer or other authorized law enforcement officer.
(1) 
The notice of violation shall advise the parent or legal guardian that he or she, along with the minor, is responsible for the payment of the violation fine.
B. 
The parents or legal guardian of any minor who violates this chapter shall be subject to:
(1) 
First offense: Any parent or legal guardian of the minor who violates any provision of this chapter within one year after having first been given notice of a prior violation shall be fined up to $500.
(2) 
Separate offense: Each violation of this chapter shall constitute a separate offense.