[1]
Editor's Note: The preliminary provisions of Ord. 543, -/-/----, specified the purpose of the Ordinance as follows:
"The purpose of this Ordinance is to:
Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough;
Promote the safety and well being of the Borough's youngest citizens, persons 17 years of age or under, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, particularly unlawful drug activities, and to being victimized by older perpetrators of crime; and,
Foster and strengthen parental responsibility for children."
[Ord. 543, -/-/----]
As used within this Part, the following words and phrases shall have the meanings ascribed to them below:
CURFEW HOURS
The hours of 10:01 p.m. through 6:00 a.m. Sunday through Saturday.
EMERGENCY
Unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances.
ESTABLISHMENT
Any privately-owned place of business within the Borough operated for a profit, to which the public is invited, including, but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the police officers thereof) conducting or managing that establishment.
MINOR
Any person 17 years of age or under.
PARENT
1. 
A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent, if custody is shared under a court order or agreement).
2. 
A person who is the biological or adoptive parent with whom a minor regularly resides.
3. 
A person judicially appointed as a legal guardian of the minor.
PERSON
Refers to an individual, not to any association, corporation or any other legal entity.
POLICE OFFICER
A police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or the ordinances of the Borough of Canton.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, including, but not limited to: streets, highways, roads, sidewalks, alleys, avenues, parks and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and shops.
REMAIN
The following actions:
1. 
To linger or stay unnecessarily at or upon a place.
2. 
To fail to leave a place when requested to do so by a police officer or by the owner, operator or other person in control of that place.
[Ord. 543, -/-/----]
1. 
It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the Borough, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the Borough, unless:
A. 
The minor is accompanied by a parent.
B. 
The minor is involved in an emergency.
C. 
The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop.
D. 
The minor is on the sidewalk directly abutting a place where he or she resides with a parent.
E. 
The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop.
F. 
The minor is on an errand at the direction of a parent, and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand.
G. 
The minor is involved in interstate travel through, or beginning or terminating in, the Borough of Canton.
H. 
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
[Ord. 543, -/-/----]
1. 
It shall be unlawful for a minor's parent to knowingly permit, allow or encourage such minor to violate § 6-302.
2. 
It shall be unlawful for a person who is the owner or operator of any motor vehicle to knowingly permit, allow or encourage a violation of § 6-302.
3. 
It shall be unlawful for the operator of any establishment, or for any person who is an employee thereof, to knowingly permit, allow or encourage a minor to remain upon the premises of the establishment during curfew hours. It shall be a defense to prosecution under this subsection that the operator or employee of an establishment promptly notified the Police Department that a minor was present at the establishment after curfew hours and refused to leave.
4. 
It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to any police officer investigating a possible violation of this Part.
[Ord. 543, -/-/----]
1. 
Minors. Before taking any enforcement action hereunder, a police officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of § 6-302.
A. 
If such investigation reveals that the presence of such minor is in violation of § 6-302, then:
(1) 
If the minor has not previously been issued a warning for any such violation, then the police officer shall issue a written warning to minor's parent via mail; or,
(2) 
If the minor has previously been issued a warning for any such violation, then the police officer shall charge the minor's parent with a violation of this Part and shall issue a summons requiring the minor and parent to appear in court.
B. 
As soon as practicable, the police officer shall:
(1) 
Notify the parent by telephone of the violation; and,
(2) 
Release the minor to his or her parent(s) if they live outside of the Borough limits or deliver the minor to his or her parent(s) if they live within the Borough limits; and,
(3) 
If a minor refuses to give a police officer his or her name and address, refuses to give the name and address of his or her parent(s), or if no parent can be located prior to the end of the applicable curfew hours, or if located, no parent appears to accept custody of the minor, the police officer shall contact Bradford County Children and Youth Services to be dealt with in the manner and pursuant to such procedures as required by law.
2. 
Others. If an investigation by a police officer reveals that a person has violated §§ 6-303, 6-304 and/or 6-305, and if the person has not previously been issued a warning with respect to any such violation, a police officer shall issue a written warning to the person via mail; however, if any such warning has previously been issued to that person then the police officer shall charge the person with a violation and shall issue a summons directing the person to appear in court.
[Ord. 543, -/-/----]
1. 
A parent of a minor who violates § 6-302 of this Part is, upon conviction, punishable by a fine not to exceed $600.
2. 
The owner, operator or employee of an establishment who violates § 6-302 of this Part is, upon conviction, punishable by a fine not to exceed $600.
[Ord. 543, -/-/----]
1. 
Within one year after the effective date of this Part, the Borough Police Chief shall review this Part and report and make recommendations to the Borough Council concerning the effectiveness of and the continuing need for this Part. The Borough Police Chief's report shall specifically include the following information:
A. 
The practicality of enforcing this Part and any problems with enforcement identified by the Police Department.
B. 
The impact and cost of this Part.
C. 
Other data and information which the Police Department believes to be relevant in assessing the effectiveness of this Part.
D. 
Information from citizens regarding whether this Part has been administered and enforced fairly, including information regarding the age, gender and race of those charged or detained under this Part.
2. 
This Part shall be effective on January 7, 2008.