The purpose of this chapter is to:
A. Promote the general welfare and protect the general
public through the reduction of juvenile violence and crime within
the Borough;
B. Promote the safety and well being of the Borough's
youngest citizens, persons under the age of 18, 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
C. Foster and strengthen parental responsibility for
children.
As used within this chapter, the following words
and phrases shall have the meanings ascribed to them below:
CURFEW HOURS
The hours of 11:00 p.m. through 5:00 a.m. seven days a week.
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 officers thereof) conducting
or managing that establishment.
MINOR
Any person under 18 years of age who has not been emancipated
by court order.
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 Mount Pocono.
PARENT
A.
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);
B.
A person who is the biological or adoptive parent
with whom a minor regularly resides;
C.
A person judicially appointed as a legal guardian
of the minor; and/or
D.
A person 18 years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in Subsection
A,
B or
C of this definition above for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
PERSON
An individual, not any association, corporation or any other
legal entity.
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:
A.
To linger or stay at or upon a place; and/or
B.
To fail to leave a place when requested to do
so by an officer or by the owner, operator or other person in control
of that place.
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; or
B. The minor is involved in an emergency; or
C. The minor is engaged in an employment activity, or
is going to or returning home from such activity, without detour or
stop; or
D. The minor is on the sidewalk directly abutting a place
where he or she resides with a parent; or
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; or
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; or
G. The minor is involved in interstate travel through,
or beginning or terminating in, the Borough of Mount Pocono; or
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.
It shall be unlawful for a minor's parent to
knowingly permit, allow or encourage such minor to violate this chapter.
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 section 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.
It shall be unlawful for any person (including
any minor) to give a false name, address, or telephone number to any
officer investigating a possible violation of this chapter.
Each violation of this chapter shall constitute
a summary criminal offense punishable by a fine of up to $500.
Within one year after the effective date of
this chapter, the Borough Council shall review this chapter concerning
the effectiveness of and the continuing need for the chapter. The
Borough Council's report shall specifically include the following
information:
A. The practicality of enforcing this chapter and any
problems with enforcement identified by the Police Department;
B. The impact and cost of this chapter;
C. Other data and information which the Police Department
believes to be relevant in assessing the effectiveness of this chapter;
and
D. Information from citizens regarding whether this chapter
has been administered and enforced fairly, including information regarding
the age, gender and race of those charged or detained under this chapter.