[HISTORY: Adopted by the Borough Council of the Borough of
Cheswick 8-31-1965 by Ord. No.
479. Amendments noted where applicable.]
The Borough Council of the Borough of Cheswick, Allegheny County,
Pennsylvania, charged by law with the responsibility of providing
for the health, safety, morals, comfort and general welfare of the
Borough and of the residents thereof, believes that the incidence
of vandalism, thievery and juvenile delinquency in the Borough can
be substantially reduced by regulating the hours that minors under
the age of 18 years may remain in public places and private establishments
without parental supervision.
[Amended 4-21-1987 by Ord. No. 569]
Unless the context otherwise requires, in this chapter, the
following words and terms shall have the meanings indicated:
The period of time from 11:00 p.m. to 6:00 a.m., whether
Eastern daylight saving time is then in effect in the Borough.
Any person who has not attained his or her 18th birthday.
Any person, corporation, partnership or association owning,
operating, managing, conducting or in charge of, at any time, any
private establishment.
The natural parent or legal guardian of any minor, who is
entrusted with and responsible for the custody or care of any minor
at a given time and place and for a given purpose.
Any privately owned or privately operated mercantile establishment,
store, shop, restaurant, place of entertainment or recreation and
the premises and parking lots adjacent thereto or similar place.
Any highway, street, road, alleyway, sidewalk, public property,
vacant lot, playground, schoolyard or similar place, or any places
contiguous to said places.
It shall be unlawful for minors to:
A.
Loiter in motor vehicles or on foot, in or upon public places in
the Borough of Cheswick, during curfew hours, unless accompanied by
a parent.
B.
Walk, stroll or wander in or upon public places in the Borough of
Cheswick during curfew hours, unless accompanied by a parent or unless
on the way to or from gainful, lawful employment, in which case, said
minor shall carry proper identification and proper written proof of
such employment and the hours thereof, or unless directly on the way
to or from school, church or community function or activity.
C.
Be or remain in private establishments in the Borough of Cheswick
during curfew hours, unless accompanied by a parent or unless engaged
in gainful lawful employment, in which case said minor shall carry
proper identification and proper written proof of such employment
and the hours thereof.
It shall be unlawful for any operator of any private establishment
in the Borough of Cheswick knowingly to admit, serve or permit the
presence of any minor, unaccompanied by a parent, in said private
establishment, during curfew hours, provided that this shall not prohibit
the otherwise lawful employment of minors in said private establishment.
It shall be unlawful for any parent of any minor knowingly to
permit said minor, unaccompanied by said parent, to:
A.
Loiter in a motor vehicle or on foot, in or upon public places in
the Borough of Cheswick, during curfew hours.
B.
Walk, stroll or wander in or upon public places in the Borough of
Cheswick during curfew hours, unless said minor is on the way to or
from gainful, lawful employment, or unless said minor is directly
on the way to or from a school, church or community function or activity.
C.
Be or remain in private establishments in the Borough of Cheswick
during curfew hours, unless said minor is then and there engaged in
gainful, lawful employment.
[Amended 4-21-1987 by Ord. No. 569]
A.
Any police officer who finds a minor violating any provisions of
this chapter shall obtain information from such minor as to his name
and address, age and the name of his parent or parents. The minor
shall thereupon be instructed to proceed to his home forthwith.
B.
Any parent who violates the provision of § 81-5 shall be subject to the following penalties:
(1)
First offense. A written notice shall be sent to the parent or parents of the minor advising of the violation of § 81-3 and advising of the possible penalties if the violation occurs again. The notice shall be sent by certified mail.
(2)
Second and subsequent offenses. Any parent or parents who shall violate any provision of § 81-5 after having received notice of a prior violation shall be guilty of a summary offense and shall be fined not less than $50 nor more than $1,000 per violation, and costs of prosecution, or, upon default in payment of the fine and costs, be imprisoned in the county jail for not more than 30 days.
[Amended 5-17-1988 by Ord. No. 663-C]
C.
Any operator of any establishment who violates the provision of § 81-4 or whose agents or employees permit a violation of § 81-4 shall be guilty of a summary offense and shall be fined not less than $50 nor more than $1,000 per violation, and costs of prosecution, or, upon default in payment of the fine and costs, be imprisoned in the county jail for not more than 30 days.
[Amended 5-17-1988 by Ord. No. 663-C]
The police officers of the Borough, in enforcing 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.
