(a) Word Usage. 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.
(b) Definitions. For the purposes of this article, the following terms, phrases, words and their derivations shall have the following given herein:
(1) "Borough" means the Borough of White Oak, County of Allegheny Commonwealth of Pennsylvania, with township and police administrative offices located as 2280 Lincoln Way, White Oak, Pennsylvania 15131.
(2) "Establishment" means any privately owned place of business carried on for a profit or any place of amusement or entertainment to which the public is invited.
(3) "Minor" means any person under the age of eighteen, or, in equivalent phrasing often herein employed, any person seventeen or less years of age.
(4) "Operator" means any individual, firm, association, partnership or corporation 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 the members or partners thereof, and as applied to corporations, shall include the officers thereof.
(5) "Parent" means any person having legal custody of a minor as a natural or adoptive parent, as a legal guardian, as a person who stands in loco parentis or as a person to whom legal custody has been given by order of court.
(6) "Remain" means to stay unnecessarily upon the streets, including the congregating of interacting minors in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in Section 721.04 so that this is not a mere prohibitory or presence-type curfew ordinance. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulation, which is intended by use of the meaningful phrase "be or remain" found constitutional in Baker v. Borough of Steelton, 17 Dauph. 17 (1912), a decision properly classified in Thistlewood v. Trail Magistrate for Ocean City, 236 Md. 204 A. 2d 688,691 (1964), as relating to a curfew ordinance of the "remaining" type.
(7) "Street" means a way or place, of whatsoever nature, open to use by the public as a matter of right for purposes of vehicular travel or, in the case of a sidewalk thereof, for pedestrian travel. 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". The term "street" applies irrespective of what it is called or formally named, whether alley, avenue, court, road or otherwise.
(8) "Time of night" as referred to herein, is based upon the prevailing standing of time, whether Eastern Standard Time or Eastern Daylight Savings Time, generally observed at that hour by the public in the Borough, prima facie the time then observed in the Borough administrative offices and police station.
(9) "Year of age" continues from one birthday, such as the seventeenth, to but not including the day of the next such as the eighteenth, making it clear that seventeen or less years of age is herein treated as equivaaent to the phrase "under eighteen years of age", the latter phrase in practice, unfortunately, having confused a number of persons into the mistaken thought that eighteen-year-olds might be involved.
(Ord. 2028. Passed 10-15-79.)