For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory.
BOROUGH. The Borough of Topton, Berks County, Pennsylvania, with administrative offices at 205 South Callowhill Street, Topton, Pennsylvania.
MINOR. Any person under the age of 18, or, in equivalent phrasing herein employed, any person 17 or less years of age.
PARENT. Any person having legal custody of a minor:
(1) As a natural or adoptive parent;
(2) As a legal guardian;
(3) As a person who stands in loco parentis; or
(4) As a person to whom legal custody has been given by order of court.
PARK. Borough owned property including all recreational facilities such as the pool, the pavilion, the walking areas, the grass lands, shaded areas and any other area owned by the borough and dedicated to public use.
REMAIN. To stay behind, to tarry and to stay unnecessarily upon the streets, park land or other public places within the borough such as the pool area, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets or park land or other public places for transit purposes as in passage on the way home. REMAIN does not include expressions of rights guaranteed in the Constitution of the United States and the commonwealth.
STREET.
(1) A way or place, of whatsoever nature, open to the use of the public as a matter of right for purposes of vehicular travel or in the case of a sidewalk thereof for pedestrian travel.
(2) The term STREET includes the legal right-of-way, including, but not limited to, the cartway or traffic lanes, the curb, the sidewalks whether paved or unpaved, and any grass plots or other grounds found within the legal right of way of a street.
(3) The term STREET applied irrespective of what it be called or formally named, whether alley, avenue, court, road or otherwise.
TIME OF NIGHT. Based upon the prevailing standard of time, whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed at that hour by the public in the borough, prima facie the time then observed in the borough administrative offices and by the regional Police Department.
YEAR OF AGE. Continues from one birthday, such as the seventeenth to (but not including the day of) the next, such as the eighteenth birthday, making it clear that 17 or less years of age if herein treated as equivalent to the phrase UNDER 18 YEARS OF AGE.
(Ord. 6-2004, passed 9-13-2004)