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Ordinance 550 – Curfew

This is a retyped copy of the original Ordinance to be used for reference purposes only.

To view or obtain a copy of the original document, please contact the Martinsburg Police Department.

ORDINANCE NO. 2004-550

AN ORDINANCE OF THE BOROUGH OF MARTINSBURG, PENNSYLVANIA TO PROHIBIT ANY MINOR UNDER THE AGE OF EIGHTEEN (18) YEARS TO BE OR REMAIN IN OR UPON THE STREETS, ALLEYS, PARKS, OR PUBLIC PLACES OF THE BOROUGH AFTER THE HOUR OF TEN O’CLOCK, P.M. UNLESS ACCOMPANIED AS HEREIN PROVIDED AND FIXING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE.  THIS ORDINANCE HEREBY REPEALS ORDINANCE NO. 1987-446

Section I: Be it enacted and ordained by the Borough of Martinsburg
Council, and it is hereby enacted and ordained by the authority of the same, that it shall be unlawful for minors under the age of eighteen (18), to be, or remain in or upon the streets, alleys, parks or public places in the Borough of Martinsburg, Pennsylvania, after the hour of ten o’clock p.m and before the hour of six o’clock a.m. unless such minor is accompanied by a parent or guardian appointed by the Court or by a guardian with other appropriate legal documentation evidencing the same.  Said parent or guardian must be over the age of eighteen (18) years of age.

Section II: It is hereby made unlawful for any parent or guardian as above-described to allow or permit any such person under such ages, while in such legal custody, to go or be in or upon any streets, alleys, parks or public places in said Borough after the times prohibited in Section I of this Ordinance, except as is herein otherwise specifically provided.

Section III: Any minor, as above designated, found upon the streets, alleys, parks or public places within the Borough, in violation of Section I of this Ordinance, shall and will be guilty of a summary offense, and made to pay fine of not less than $50.00, nor more than $300.00.  Commencement of the proceedings and the enforcements thereof, shall be in accordance with 53 P.S. 46202(74) or any other section of the Borough Code that may pertain thereto or which may be enacted at any time hereafter.

Section IV: Any parent or guardian as described in Section I who allows or permits any such person under the age of eighteen (18) years, while in such legal custody, to go or be in or upon any streets, alleys, parks or public places in said Borough after the times prohibited in Section I of this Ordinance, shall pay a fine of not less than $50.00, nor more than $300.00.

Section V: Any ordinances, or parts of ordinances, inconsistent herewith are hereby repealed.  Specifically, Ordinance No. 1987-446.

Section VI: The provisions of this Ordinance are severable, and if any provision thereof is held to be unconstitutional or illegal, the decision so holding shall not be construed as affecting or impairing any other provision of this Ordinance, or the Ordinance as a whole.

Section VII: This Ordinance shall be known as the “Curfew Ordinance”.

ENACTED AND ORDAINED as an Ordinance of the Borough of Martinsburg, Pennsylvania, this 7th day of September, 2004. This Ordinance shall be effective 30 days from this date.

ATTEST: BOROUGH OF MARTINSBURG
M. Jane Staily Robert Carper
Secretary President
NOW, this _19th_ day of October, 2004, the within Ordinance is approved.
William Lewis
Mayor