[HISTORY: Adopted by the Borough Council of the Borough of Wilson 7-22-1996 by Ord. No. 655, approved 7-22-1996. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 44.
Recreation Board — See Ch. 48.
Bicycles — See Ch. 77.
Noise — See Ch. 130.
It shall be unlawful for any child under the age of 18 years to be or remain in or upon any public street, alley, highway, park or other public place or in any enclosure or vehicle which is on or in close proximity to any such street, alley, highway, park or public place in the Borough of Wilson between the hours of 11:00 p.m. and 6:00 a.m.; and unlawful under the same conditions for children under the age of eight between the hours of 8:00 p.m. Eastern standard time and 6:00 a.m.; and between the hours of 9:00 p.m. and 6:00 a.m. when daylight savings time is in effect unless:
A. 
Such child shall be accompanied by a parent, guardian or other person, in parental relation, having the legal custody, control or charge of such child; or
B. 
Such child shall be lawfully employed, in the course of which employment it is necessary to use such public street, alley, highway or other public place for such employment; or
C. 
Such child is on lawful and necessary business for his or her parent or guardian or other person in parental relation having the legal custody, control or charge of such child; or
D. 
Such child is returning from a school, religious, recreational or job activity; or
E. 
Such child is exercising First Amendment rights protected by the Constitution; or
F. 
Such child is on an emergency errand authorized by his or her parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
It shall be unlawful for any parent, guardian or person in parental relation having control of any child under the age of 18 years to permit such child to be or remain in or upon any public street, alley, highway, park or other public place or in any enclosure or vehicle which is in or close proximity to any such street, alley, highway, park or public place in the Borough of Wilson between the hours of 11:00 p.m. and 6:00 a.m.; and unlawful under the same conditions for children under the age of eight, between the hours of 8:00 p.m. Eastern standard time and 6:00 a.m.; and between the hours of 9:00 p.m. and 6:00 a.m. when daylight savings time is in effect unless:
A. 
Such child shall be accompanied by a parent, guardian or other person in parental relation having the legal custody, control or charge of such child; or
B. 
Such child shall be lawfully employed, in the course of which employment it is necessary to use such public street, alley, highway or other public place for such employment; or
C. 
Such child is on lawful and necessary business for his or her parent, guardian or other person in parental relation having the legal custody, control or charge of such child; or
D. 
Such child is returning from a school, religious, recreational or job activity; or
E. 
Such child is exercising First Amendment rights protected by the Constitution; or
F. 
Such child is on an emergency errand authorized by his or her parent, guardian or other person in parental relation having the legal custody, control or charge of such child.
Any person who violates any provision of this chapter shall be penalized as follows:
A. 
Offense of child.
(1) 
Any child in violation of this chapter shall be taken into custody by the Police Department and released to his or her parents, guardian or other person in parental relation having the legal custody, control or charge of such child; and a report thereof shall be immediately made to the Police Department, which shall make a record thereof in a docket kept for that purpose.
(2) 
Any child who shall fail to comply with provisions of this chapter relating to the evening curfew on a second or succeeding offense, shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs, and, in default of payment of such fine and costs, shall be referred by the District Justice to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, community service may be assigned by a District Justice at his discretion.
(3) 
Age determination. In taking children into custody, the Police Department shall use its discretionary 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.
(4) 
Identification. Any child violating this chapter, who does not immediately upon being taken into custody by a police officer disclose his identity and place of residence, shall be taken by such police officer to a place of detention and held for questioning and investigation.
(5) 
Multiple offenses. Any child, whether a resident or nonresident of the Borough, who shall violate this chapter three or more times shall be reported to the proper juvenile correctional authorities of the County of Northampton for appropriate action pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
B. 
Offense of the parent. Every parent, guardian or person in parental relation, having control or charge of any child who shall fail to comply with the provisions of this chapter relating to evening curfew shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $300 for each offense, together with costs, and, in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 30 days. In lieu of a fine, community service may be assigned by a District Justice at his discretion.