[HISTORY: Adopted by the Borough Council of the Borough of Indiana 3-5-1957 by Ord. No. 649 (Ch. VII, Secs. 1 to 8, of the 1971 Code of Ordinances). Amendments noted where applicable.]
Disorderly conduct — See Ch. 184.
It shall be unlawful for any child who has not reached his or her 17th birthday to be or remain in or upon any public highway, park, streets or other public places, or in any enclosure or vehicle which is on or in close proximity to any such public place in the Borough between the hours of 10:00 p.m. and 5:00 a.m. on any night preceding a school day and between the hours of 11:00 p.m. and 5:00 a.m. on any night not preceding a school day, unless such child be accompanied by a parent, guardian or other person having the legal care or custody of such child, or unless such child be lawfully employed so as to make it necessary to use public highways during such times for the exclusive use of such employment, provided such child shall have a certificate to that effect signed by the Police Chief.
As a warning, a siren shall be sounded at 15 minutes to 10 on each night preceding a school day and at 15 minutes to 11 each night not preceding a school day, to be known as the "curfew siren," after which all children who have not reached their 17th birthday shall be required to be at home or off the streets, except as provided in §§ 176-1 and 176-8.
[Amended 6-8-1971 by Ord. No. 1006]
It is hereby made unlawful for any parent, guardian or the person having the legal care or custody of a child who has not reached his or her 17th birthday to allow or permit such child to violate any provision of this chapter.
Any parent, guardian or person having the legal custody of any child, who allows him to be on any street, park or public place in violation of § 176-1 of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $5 or less than $1 and costs of prosecution, and, in default of payment thereof, to imprisonment for not more than five days, and a like fine or imprisonment shall be imposed on any person aiding or abetting in the violation of the intent and purpose of this chapter.
Any child who has not reached his or her 17th birthday found upon the Borough streets, parks or public places in violation of § 176-1 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 report thereof shall be made immediately, or as soon thereafter as possible, to the Police Chief who shall make a record thereof in a book to be kept for that purpose.
[Amended 6-8-1971 by Ord. No. 1006
If any child, violating the provisions of this chapter, does not immediately disclose his place of residence, or if the residence be not in the Borough, the police officer shall take such child to the office of the Police Chief or other place of detention for questioning and investigation.
The police officers of the Borough, in taking children into custody, shall use their discretion in determining age and in doubtful cases may require positive proof, and until such proof is furnished the officer's judgment shall prevail.
Any child, whether a resident or nonresident of the Borough, who shall violate the provisions of this chapter three or more times, shall be reported to a society or organization whose purpose is to take charge of incorrigibles and delinquents, and proceedings shall be then taken in the Court of Quarter Sessions for their permanent welfare. A like proceeding shall be taken in cases where the arrest of the parent or guardian shall not be effective or where for any other reasons the provisions of § 176-3 of this chapter cannot be made effective by fines and penalties imposed thereunder.
The Police Chief, with the approval of the Public Safety Committee or other authorized committee of the Borough Council, may from time to time issue proclamations or notices temporarily suspending this chapter or extending the hour of the same, so as to permit children who have not reached their 17th birthday to be upon the streets or other public places for special school functions or other special occasions.