[HISTORY: Adopted by the Borough Council of the Borough of Lehighton 7-12-1943 by Ord. No. 68. Amendments noted where applicable.]
[Amended 5-9-1988 by Ord. No. 378; 4-8-1991 by Ord. No. 409]
It shall be unlawful for any person under 18 years of age (such persons being defined, for the purposes of this chapter, as "children") to be or remain in or upon the streets, alleys or public places in the Borough of Lehighton at night after the hour of 11:00 p.m., which time shall be fixed by the time prevailing and in use in the Borough of Lehighton when such offense is committed, unless such child is accompanied by a parent, guardian or other person having the legal custody of such child or such person bearing a written statement dated that day and signed by such responsible party declaring that said child is on an emergency errand. Rules and regulations relating to the times when parks in the Borough are closed to the public shall be in accordance with Ordinance No. 322 and any amendments thereto.
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any of the children above designated to allow or permit any such child, ward or other person under such age, while in such legal custody, to go or be in or upon any streets, alleys, parks or public places in said Borough after the time prohibited in § 80-1 of this chapter, except as therein provided.
[Amended 5-9-1988 by Ord. No. 378; 8-26-1991 by Ord. No. 413; 5-22-2006 by Ord. No. 543-2006]
Any child, as above designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of § 80-1 of this chapter shall be taken into custody by the Borough police and delivered to his or her parents, guardians, or persons having the legal custody of said child and report thereof made immediately to the Mayor, who shall make a record thereof in the office of the Police Department in records kept for this purpose. If said parent, guardian or person having the legal custody of said child shall again allow him or her to be on said streets, alleys, parks or public places in violation of § 80-1 of this chapter, said parent, guardian or person having the legal custody of said child so offending shall, upon conviction thereof before a Magisterial Justice, be sentenced to pay a fine of not less than $5 nor more than $600 and, in default of payment thereof, shall be imprisoned for a period of not more than 30 days.
[Amended 8-26-1991 by Ord. No. 413]
Said children who shall violate this chapter more than three 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 Common Pleas for their permanent welfare, and a like procedure 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 § 80-1 of this chapter cannot be made effective by fines and penalties imposed thereunder.
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.
It is hereby declared that the purpose of this chapter is to reduce juvenile delinquency which now prevails and is growing to an alarming extent, and it is further declared to be the intent of this chapter that its provisions shall be liberally construed so as to effectively cure or reduce juvenile delinquency, either on the part of children within the Borough or nonresident children coming into the Borough.