Chapter 35
§ 35-1.
Curfew established.
§ 35-4.
Repeat violators.
§ 35-2.
Parental responsibility.
§ 35-5.
§ 35-3.
Violations and penalties.
[HISTORY: Adopted by the Borough Council of the Borough of Callery 1-14-1965 by Ord. No. 48. Amendments noted where applicable.]

§ 35-1. Curfew established. [Amended 5-4-1995 by Ord. No. 95]

It shall be unlawful for boys and girls age 18 and under (such persons being defined for the purpose of this chapter as children) to be or remain in or upon the streets, alleys, or parks or public places in the Borough of Callery at night, after the hour of 10:00 p.m., EST, unless such child is accompanied by a parent, guardian or other adult person having the legal custody of such child.
§ 35-2. Parental responsibility.

It is hereby made unlawful for any parent, guardian, or other adult person having the legal care or custody of any of the children hereinbefore designated, to 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 street, alleys, parks or public places in said Borough after the time prohibited in § 35-1 of this chapter, except as therein provided.

§ 35-3. Violations and penalties. [Amended 5-4-1995 by Ord. No. 95]

Any child as hereinbefore designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of § 35-1 of this chapter shall be taken into custody by the Borough police and delivered to his or her parents, guardian or adult person having the legal custody of such child, and report thereof made immediately to the Secretary of Council, who shall make a record thereon in a book to be kept for that purpose. If said parent, guardian or adult person having the legal custody of said child shall again allow him or her to be on such streets, alleys, arks or public places in violation of § 35-1 of this chapter, said parent, guardian or adult person having legal custody of said child, so offending, shall upon conviction before a District Justice be sentenced to pay a fine of not less than $25 nor more than $100 and the costs of suit, or on failure of the convicted party to pay such fine, shall be imprisoned in the county prison for a period not to exceed 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

§ 35-4. Repeat violators.

Said child who shall violate this chapter more than three times shall be reported to the Probation Office of Butler County, Pennsylvania, which shall take whatever proceedings are deemed necessary for the child's pennanent welfare, and a like procedure shall be taken in cases where the arrest of the parent or guardian shall not be effective or where for any other reason the provisions of § 35-1 of this chapter cannot be made effective by fines and penalties imposed thereunder.

§ 35-5. Enforcement.

The police officers of the Borough in taking children into custody shall use their discretion in determining age, and in doubtful cases may require positive proof, and until such proof is furnished the officer's judgment shall prevail.

(Effective August 6, 2007)

An Ordinance of the BOI"Ough oreaDery, Butler Count}--, Penns}Tlvania,
Establishing Cunew
Be it Ordained and Enacted by the Council ofCallerY7 Butler County, Petltlsylvatlia, and it is hereby Ordained and Enacted with and by authority of the same.
Section I.
Detinitiol1S & Interpretations
As used in this Ordinance, the following terms shall ha~le the nleanings indicated ul11ess a ditferetlt nleaning appears tronl the text:
Minor -a person under the age of 18 )lears.
Parent -an:y natural parent ofa minor as herein defined (lr a guardian or any adult person responsible for the care and custody ofa minor. When used in this Ordinance -'parent" shall mean one or both parents.
Public Place -an)! public street, all.e)l~ sidewalk, park,} playgrOtlnd, public building, or vacant lot in the Borough ofCallel)~, Butler County, Pennsylvania.
In thi.s Ordinance, the singular shall include the plural~ the p,lural shaH include the singular, and the masculine shall include the feminine and the neuter.
Section II.
This is a curfew ordina.nce prescribing in accordance with prevailing commtLnity standards, regulations for the conduct of minors on streets at night for the protection of younger children in the Borough ofCallery) from each other and from other persons on the streets during nighttime hours; for the enforcenlent ofparental COlltroI and responsibility for their children; for the protection ofthe public from nocturnal mischief b)~ minors and for the reduction ofthe incident ofjuvenile criminal activit}~, all for the good ofminors, for the furtherance offamily responsibilityT and for the public good, safety and welfare.
Section III.
Curfew Exceptions
It shall be unlawful for any minor to be in or remain in or upon any Pllblic highway, park or other public place within the Borough ofCallery, Butler County, Penns~ylvania, or in afl~y enclosure or vehicle which is on or in close pr<.)ximit~y tt) any such public place, between the hours of 10:00 PM Eastern Standard Time) or 10:00 PM Daylight Savings Time alld 6:00 AM Eastern Standard Time, or 6:00AM Daylight Savings Time on the foUouling da~y? as in effect, except as follows:
1. Those minors within this age category when accompanied by a parent or
    gunrdinn huving legul custody of ~uch minor.
2. Those minors lawfully employed enroute or returning from their place of
3. Those minors who are members ofa volunteer frre department who are                              enroute to or returning fronl emergency duties as permitted by tire                                     department regulations.
4. Those minors returning home from church, school or commttnity                                        sponsored functions which they attended and for which they possess a                              signed written statement by their parent dated that day which refers to the event             and the time that the minor shall be returning therefrom. Provided further,                        however, that this exception shall not apply between tIle hours of midllight alld                  6:00 AM.

No exceptions under this section shall apply to any minor under the provisitlfiS of 2, 3 and 4 unless the minor shall go to or return from their residence and the event excepted b~y the Inost direct route.
Section I\t.
Parents Not Permit Violation
It is hereby made unlawful for any parent~ guardian or the person having legal care or custod'y of a millor to allow or permit such a minor to violate allY of the provisions of this ordinance without legal justification therefore.
Section V.
Procedure Upon Violation
An)f minor found upon streets) alleys) parks~ recreation facilities, or public places in violation of Section III hereof shall be taken into custody by the Callery Borough Police or legally deputized individual~ be delivered to his/her parent, Y\"ho shall be given a COP)' ofthis ordinance_ 1\ re·curd of such incident shall be made b)' the Borough Police.
In the event ofa sec;ond violation ofthe provisions of this ordinance as ascertailled b)r the Police Department records, the parents ofany such minor shall be charged with a violation ofthis ordinance and upon conviction thereof: be sentenced to pa)t a fine of not m.ore tha.n $300.00 together with cost ofprosecution, and in default of pa)Tment ofsaid fine and costs to be committed to the Butler County Prison for a term not to exceed 30 da)ls.
Section VI
Procedure in Case ofHabitual Offenders
Anyr minor who is frequent or habitual offenderofthe provisions ofthis ordinance and is or is likel}7 to be incapable ofcontrol ofhis parents) tnay, at the discretioll ofthe Borough Polic.e, be reported to the Butler County juvenile authorities and proceedings shall then be taken in the proper court for the permanent \veltare ofStIch Ininors.
Section VII
Determination ofAge
The police oftlcers of the Borough ofCallery in taking an): minor into custody under the Ordillance shall use their discretion in determining age atld itl questionable cases, may require positive proofofage~ Until such proof is furnished, the officer) s judgment shall be decisive.
Section \'III
The provisions of this Ordina.nce may be exten<led by t.he .MaY{lf or in his absence) the President ofBofOUgh Council, as to age ofpersons and hours of coverage as necessary in the event there is a riot~ public uprising, disaster, or other breach ofthe peace which creates an actual or imminent datlger to persons or property in or near the Borough of Callery. This emergency provision for such extension shall not be tor longer than 48 hours except by' approval ofthe Borough ofCouncil.
Section L"X
All ordinance or parts ofordinances which are inconsistent here\vith are hereby repealed.

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