Feb 21, 2005 By Angie Santello 3 min read

POINT MARION – The borough council aimed at getting juvenile offenders off the streets by tightening the rules of an old ordinance and enacting a new one at Wednesday’s regular council meeting. By adopting the ordinance restricting the time frame minors can gather and tarry at night in public, the council plans to take enforcement to Children and Youth Services (CYS) if need be.

Mayor Robert Wolfe, who overlooks the borough police department that is authorized to enforce the new rules, said there was a problem with youth running the streets at all hours of the night.

“The old ordinance was very hard to enforce,” Wolfe said. “We had to catch them three times.”

This ordinance, he said, will be easier for officers to enforce.

Borough solicitor Gene Grimm, who drew up the ordinance, said other members of council felt the same.

“Some of council felt the last ordinance was not enforceable because it was so cumbersome,” he noted.

Effective starting on Presidents Day when many children are off school, the ordinance establishes that anyone under the age of 18 remaining in public places between the hours of 10 p.m. and 5:30 a.m. can be punished by law enforcement.

First offenders taken into custody will be delivered to their parents or guardian and be given a copy of the ordinance.

If a parent or guardian of the same offender allows their child on the streets once again in violation of the ordinance, the parent or guardian will be cited.

Minors who violate the ordinance more than three times may, at the discretion of borough officials, be reported to CYS.

“If the person violates the ordinance more than three times, the borough will be able to contact CYS to look at the household and see what the causes are,” Grimm said.

A violator could pay up to a $300 fine. If they fail to pay the fine, they could face up to 30 days imprisonment.

The case may also go to court if the arrest of a parent is not effective or if fines and penalties fail to correct the minor’s or parents’ behavior.

Minors are allowed on the streets during the said timeframe for certain reasons, including employment or social functions, but they must possess a written and dated permission slip specifying the time, place, purpose and necessity that is signed by a parent or guardian, explained Grimm.

The second of the two ordinances the council adopted restricts the use of “jake brakes” by diesel and gasoline-powered trucks.

“We had a problem with trucks using brakes and creating noise in residential areas,” Grimm said. “We are essentially banning gasoline and diesel-powered motor vehicles from using their engine brakes unless equipped with an exhaust.

“The borough police department is authorized to provide enforcement under the district justice,” Grimm added.

Violation of the ordinance is punishable with a fine of no more than $300 plus costs to prosecute and prison time not to exceed 10 days.

Grimm explained the ordinance is meant to protect the safety and property of the borough and of the residents, while prohibiting the creation of excessive noise.

Both ordinances are effective starting Monday. Copies of each will be available at the borough building at 426 Morgantown St.