[HISTORY: Adopted by the Borough Council of the Borough of Bonneauville 9-24-1963 by Ord. No. 11 (Ch. 6, Part 1, of the 1994 Code). Amendments noted where applicable.]
[Amended 10-16-1968]
It shall be unlawful for children under 18 years of age to be, or to remain in or upon the streets, alleys, parks or public places in the Borough of Bonneauville at night after the hour of 11:00 p.m. prevailing time, unless such child is accompanied by a parent, guardian, or other person having legal custody of such child. All children shall be required to be at home or off the streets at those times except as herein provided for otherwise.
[Amended 4-19-1994 by Ord. No. 69]
It is unlawful for any parent, guardian or other person having the legal care or custody of any child under 18 years of age, to allow or permit any such child while in such legal custody, to go or be in or upon any streets, alleys, parks or public places in the Borough after the time prohibited in § 86-1 hereof, except as herein otherwise provided.
[Amended 10-16-1968; 5-20-1970; 12-18-1979B; 4-19-1994 by Ord. No. 69]
A. 
Procedures. Any child as above designated found upon the Borough streets, alleys, parks or public places, in violation of § 86-1 hereof, shall be taken into custody by the Borough Police and may be delivered to the child's parents, guardians, or person having legal custody, or the Borough Police may notify said parents, guardians or person having legal custody to come to a designated place to pick up said child from police custody.
B. 
Penalties. Any parent, guardian, or person in legal custody who shall permit a child to be in violation of the provisions 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 by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Said children who shall violate this chapter more than three times may be reported by the Borough Police to Juvenile Court of the county as incorrigibles and delinquents, and proceedings taken therein for the permanent welfare of said child; and a like procedure shall be taken in cases where the arrest of the parent or guardian shall not be effective after three times, or where for any other reason the provisions of § 86-1 hereof cannot be made effective by fines and penalties imposed thereunder as set forth in § 86-3.
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 Borough Police officer's judgment shall prevail.