This is a curfew ordinance prescribing, in accordance
with prevailing community standards, regulations for the conduct of
minors on streets at night, for the protection of younger children
in the Borough of Denver from each other and from other persons on
the streets during nighttime hours, for the enforcement of parental
control and responsibility for their children, for the protection
of the public from nocturnal mischief by minors and for the reduction
of the incident of juvenile criminal activity, all for the good of
minors, for the furtherance of family responsibility, and for the
public good, safety and welfare.
It is hereby made unlawful for any parent, guardian
or the person having the legal care or custody of a minor to allow
or permit such minor to violate any of the provisions of this chapter
without legal justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Borough of Denver in violation of §
99-2 shall be taken into custody by the Police Department or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of §
99-2, said parent, guardian or person having the legal custody of said minor so offending shall be cited for the violation.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough officials, be reported to a society or organization the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where for any other reason the provisions of §
99-2 of this chapter cannot be made effective by the imposition of fines and penalties.
The police officers in taking minors into custody
shall use their discretion in determining age and in doubtful cases
may require positive proof of age. Until such proof is furnished,
the officer's judgment shall prevail.
[Amended 7-29-2013 by Ord. No. 612]
Any person who shall violate any provision of
this chapter shall, upon conviction thereof, be sentenced to pay a
fine of not more than $600 and costs, and in default of payment, to
imprisonment for a term not to exceed 30 days. Upon summary conviction,
the person found guilty may be assessed reasonable attorneys’
fees incurred by the Borough in the enforcement proceedings in accordance
with Section 3321(6) of the Borough Code.