[HISTORY: Adopted by the Borough Council of the Borough of Summit Hill 1-5-1981 by Ord. No. 1-1981. Amendments noted where applicable.]
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 Summit Hill after 10:30 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; provided, however, that on Friday and Saturday of each week and on the night preceding a legal holiday, the time above mentioned shall be extended to 11:15 p.m.
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 § 179-1 hereof.
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 § 179-1 of this chapter shall be taken into custody by the Borough police and delivered to his or her parents, guardian or other person having the legal custody or care of such child, and the Borough police shall make a record thereof in a book kept for that purpose.
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 the policeman to the Police Office at Borough Hall and held for questioning and investigation.
The police officers of the Borough in taking children into custody, under 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 Summit Hill at the time of the acts herein provided for or prohibited.
[Amended 7-12-1982 by Ord. No. 2-1982; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any parent, guardian or other person having legal custody or care of any child or children who violate the provisions of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Carbon County.
The Mayor is hereby authorized by proclamation published in the Times News to extend to a later time the limits herein provided for when 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 was fully set forth and determined by provision herein.