[HISTORY: Adopted by the Borough Council
of the Borough of Evans City 11-1-1976 by Ord. No. 348 as Part 7, Art. 709, Secs.
709.03 and 709.9(c), of the 1976 Code. Amendments noted where applicable.]
No minor child under 18 years of age shall be
in or upon any of the streets, alleys, parks or public places in the
Borough at night, whether on foot or in any type of conveyance, from
11:00 p.m. until 5:00 a.m. the next day, unless such child is accompanied
by any parent, guardian or other adult person having the legal custody
of the child. After 11:00 p.m. each evening, all such minor children
shall be required to be at home or out of the streets, alleys, parks
and public places in the Borough until 5:00 a.m. except as herein
provided. In determining the restricted hours, Eastern standard time
shall prevail except when daylight saving time is in effect in the
Borough.
No parent, guardian or any other adult person
having the legal care of custody of any minor child or children shall
allow or permit any such child, ward or other person under such age,
while in such legal custody, to go or be in or upon any of the streets,
alleys, parks or public places in the Borough in the manner described
and after 11:00 p.m. except as herein provided.
The police officer of the Borough[1] taking children into custody under this section shall
use his or her discretion in determining age and in doubtful cases
may require positive proof, and unless such proof is furnished, the
officer's judgment shall prevail.
[Amended 9-4-1979 by Ord. No. 365; 2-7-2011 by Ord. No. 542]
Any minor child found for the first time upon the streets, alleys, parks and public places in violation of § 78-1 shall be taken into custody by the Borough police,[1] and his or her parents, guardian or other adult person
having the legal custody of such child shall be immediately notified
to call for him or her and a report thereof made immediately to the
Borough police, who shall make a record thereof in a book to be kept
for that purpose. If such parents, guardian or adult person having
legal custody of the child again allows him or her to be on the streets,
alleys, parks or public places in violation of this chapter, the parent,
guardian or adult person having the legal custody of the child so
offending shall be fined in an amount as from time to time established
by resolution of the Borough Council and shall, in default of such
fines and costs, be imprisoned not more than five days, and a like
fine or imprisonment shall be imposed upon any person aiding or abetting
in the violation of the intent and purpose of this chapter. See Appendix
§ A200-2.
