[Amended 8-8-1977 by Ord. No. 374]
It shall be unlawful for any child under the
age of 18 years to be or remain in or upon any public highway, park
or other public place or in any enclosure or vehicle which is on or
in close proximity to any such highway, park or public place in the
Borough of Palmerton after 10:15 p.m. unless such child shall be accompanied
by a parent, guardian or other person having the legal custody or
care of such child, or unless such child shall be lawfully employed
so as to make it necessary to use such public highway or other public
place for the exclusive use of such employment, or is engaged in the
duties of an active fireman or ambulance attendant after said curfew
shall be in effect. Upon cessation of said duties, the child shall
take a direct route to his residence. However, on Friday and Saturday
of each week and on the night preceding holidays observed and recognized
as such according to the school calendar of the local school district,
the time mentioned above shall be extended to 11:15 p.m.
A curfew signal given by the use of the fire siren, whistle or whistles shall be sounded 15 minutes prior to the curfew time limit as set forth in §
51-1 hereof.
It is hereby made unlawful for any parent, guardian or other person having legal custody or care of any child, as above designated, to allow or permit any such child to be in, on or upon any said public highway, park or public place contrary to the provisions of §
51-1 hereof.
[Amended 8-8-1977 by Ord. No. 374; 2-19-1980 by Ord. No. 404]
Any child, as above designated, found upon any such highway, park or other public place or in any enclosure or vehicle which is on or in close proximity thereto, in violation of §
51-1 of this chapter, shall be taken into custody by the Borough police and delivered to his or her parents, guardian or person having the legal custody of said child, and the Borough police shall make a record thereof in a book to be kept for that purpose.
[Amended 8-8-1977 by Ord. No. 374]
Any child, as above designated, violating this
chapter who does not immediately, upon being taken into custody by
a Borough policeman, disclose his or her identity and place of residence
shall be taken by such policeman into custody and placed in detention
and held for questioning and investigation.
The police officers of the Borough, in taking
children into custody under the provisions hereof, shall use their
discretion and judgment in determining age and in doubtful cases may
require proof thereof, and until such proof is established, the determination
based on such officer's judgment shall prevail.
The statements of time herein mentioned shall
be taken and understood to be according to the adopted time or prevailing
standard of time applicable within the Borough of Palmerton at the
time of acts herein provided for or prohibited.
[Amended 8-8-1977 by Ord. No. 374]
The Mayor is hereby authorized by proclamation
to extend to a later time the limits herein provided for when a special
occasion, as determined by his judgment, warrants such extension,
and such determination and proclamation shall be effective to the
same extent as though the same were fully set forth and determined
by provision herein.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable as provided in Chapter
1, General Provisions, Article
II, §
1-17A.