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Chapter 137. Curfew
[HISTORY: Adopted by the Borough Council of the Borough of Slippery Rock 10-31-1969 by Ord. No. 268 (Ch. 6, Part 3, of the 1983 Code). Amendments noted where applicable.] GENERAL REFERENCES Disorderly conduct — See Ch. 142.
§ 137-1. Curfew established; exceptions.
[Amended 12-7-1983 by Ord. No. 328] It shall be unlawful for any minor to be or remain in or upon any public highway, park or other public place within the Borough, or in any enclosure or vehicle which is on or in close proximity to any such public place within the Borough, between the hours of 12:00 midnight and 6:00 a.m. on the following day. Exceptions to the above are the following: A. A minor accompanied by a parent, guardian, or other person having legal care or custody of such minor. B. A minor possessing a written statement dated that day and signed by the parent, guardian, or other person having the legal care or custody of such minor, which statement specifies the time, place, purpose and necessity of the minor being in a public place contrary to this chapter. C. A minor lawfully employed making it necessary to be on or in highways, streets, parks, etc., as stated above and possessing a current letter certifying the same and signed by the employer, parent or guardian. D. A minor on an emergency errand. E. A minor traveling to and from church, school or a municipal activity, with the parental permission statement as in Subsection B above.
§ 137-2. Parental responsibility.
It is hereby made unlawful for any parent or guardian to allow or permit any such minor under the age of 18 years, while in such legal custody, to go or be in and upon any of the streets, alleys, parks or public places in said Borough after the time prohibited in § 137-1 of this chapter, unless they accompany such minor.
§ 137-3. Procedure upon violation.
[Amended 12-7-1983 by Ord. No. 328] Any minor found upon the streets, alleys, parks or public places within the Borough in violation of § 137-1 shall be taken into custody by the Borough police or legally deputized individual, be delivered to his parent(s), guardian, or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of § 137-1, said parent, guardian, or person having the legal custody of said minor so offending shall, upon the second offense, be called along with the offender and be so advised once again as to the penalty provisions contained in this chapter. Upon the third violation, said parent, guardian or person will be remanded to the Magisterial District Judge for disposition.
§ 137-4. Repeated violations.
[Amended 12-7-1983 by Ord. No. 328] Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor, and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of § 137-2 of this chapter cannot be made effective by the imposition of fines and penalties.
§ 137-5. Police discretion in age determination.
The police officers of the Borough of Slippery Rock, in taking any minor into custody under this chapter, shall use their discretion in determining age and, in doubtful cases, may require positive proof of age, and unless such proof is furnished, the judgment of the arresting officer shall be decisive.
§ 137-6. Emergency powers of Mayor.
The provisions of this chapter may be extended by the Mayor as to age of persons prohibited and hours for coverage in the event there is a riot, public demonstration, or breach of the peace which creates an actual or imminent danger to person or property within the Borough. In no case shall such extension be for more than 48 hours, unless enacted by Borough Council.
§ 137-7. Violations and penalties.
[Added 12-7-1983 by Ord. No. 328] Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.