For the purpose of this chapter, the following terms,
phrases, words and their derivations shall have the meanings set forth
hereinafter:
CITY
The City of Coatesville, Chester County, Pennsylvania, with
offices located at 1 City Hall Place, Coatesville, Pennsylvania.
ESTABLISHMENT
Any privately owned place of business operated, any place
of amusement or entertainment to which the public is invited or any
nonprofit entity operating within the city.
KNOWINGLY
Having actual knowledge and including such knowledge which
a parent should reasonably be expected to have, under all attendant
circumstances, concerning the whereabouts of a minor in that parent's
legal custody. It shall be no defense for purposes of this chapter
that a parent is indifferent to the activities or conduct or whereabouts
of a minor.
MINOR
Any individual under the age of 18 years.
[Amended 9-11-1995 by Ord. No. 1001-95]
OPERATOR
Any individual, firm, association, partnership or corporation
owning, operating, managing or conducting any establishment, and,
whenever used in any clause prescribing a penalty, the term "operator"
as applied to associations or partnerships shall include all members
or partners thereof and, as applied to corporations, shall include
the officers, thereof.
PARENT
Any person having legal custody of a minor as:
(1)
A natural or adoptive parent; and/or
(3)
A person who stands in loco parentis to a minor;
and/or
(4)
A person to whom legal custody of a minor has
been given by order of any court of competent jurisdiction.
PUBLIC PLACE
Any public street (as defined herein) and all city parks,
playgrounds, public buildings or vacant lots located in the city,
whether such vacant lots are owned by the city or are owned privately.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the streets or in public places or establishments, including the congregating of groups totaling four or more persons, in which any minor involved would not be using the streets, public places or establishments for ordinary or serious purposes, such as mere passage or going home. To implement this definition with additional precision and precaution, numerous exceptions hereto are expressly contained in and defined in §
92-5 of this chapter.
STREET
A way or place of whatever nature, open to the use of the
public for purposes of vehicular travel or, in the case of sidewalk
thereof, for pedestrian travel. The term "street" as used herein includes
the legal right-of-way, including, but not limited to, the cartway
of traffic lanes, the curb and sidewalks (whether paved or unpaved)
and any grass plots or other grounds found within the legal right-of-way
of a street. For purposes of this chapter, "street" also applies to
ways the public is privileged to use over private property as long
as the owner thereof permits such public use (including, by way of
example but not limited to, sidewalks and grass plots open to public
use) and to parking areas of any types (including, by way of example
but not limited to, residential, municipal or commercial parking areas)
which are open to and available for public use whether or not accessed
by any street. In addition, the term "street" shall apply irrespective
of what it is named or was formerly named, whether "alley," "avenue,"
"court," "road," or otherwise, or whether it is maintained by the
city and irrespective of whether it is open to the public as a matter
of right.
TIME
The prevailing standard of time, whether Eastern Standard
Time or Eastern Daylight Savings Time, as observed at that hour (or
minute) by the public in the city; prima facie evidence of the "time"
for purposes of this chapter shall be the "time" actually observed
in the city's administrative offices or in the City of Coatesville
Police Department.
YEAR OF AGE
The age of an individual as established on the day of any
infraction alleged hereunder. For purposes of this chapter, the "year
of age" shall be the period of time between the previous birthday
of an individual and the next consecutive birthday (but not including
the day of such birthday) of an individual.