[Amended by Ord. No. 1990-6]
It shall be unlawful, hereafter, for any minor under the age
of 18 years to loiter, idle, wander, stroll, play or remain in or
upon the public streets, highways, roads, playgrounds, public buildings,
places of amusement, entertainment or places of business conducted
for profit to which the public is invited, and all public or quasi-public
places either on foot or in any vehicle, within the Borough, between
the hours of 10:30 p.m. of all days, from Sunday to Thursday, inclusive,
and 6:00 a.m. of the following day; and between the hours of 12:00
a.m. prevailing time, on Friday and Saturday, inclusive, and 6:00
a.m. of the following day; provided, however, that the provisions
of this section shall not apply to any such minor when accompanied
by his parent or parents, guardian or other adult person having custody,
care or control of such minor.
It shall be unlawful for any parent, guardian, or other adult person having custody, care or control of a minor child under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, play or remain in or upon the public streets, highways, roads and other public or quasi-public places within the Borough, as mentioned in §
308-1 of this chapter, following the adoption of this chapter.
If any minor under the age of 18 years should be apprehended
for violating the provisions of this chapter, the assigned police
officers of the Borough shall notify the parents, guardian or other
persons having the care, custody or control of such minor of such
arrest and may, if deemed advisable, make such further inquiry or
take such action concerning the presence of such minor in, on or upon
the public or quasi-public places, as aforesaid, as may seem advisable.
The provisions of this chapter shall not be applicable to any
minor under the age of 18 years during the time necessarily required
for such minor to travel from:
A. A place of employment at which such minor may be gainfully employed;
B. A school or place of instruction at which such minor may be in bona
fide attendance;
C. A place at which a function may be held that shall be, or had been
sponsored by a religious, school, civic, or other properly supervised
event or program; or
D. A place at which a bona fide, supervised social meeting, gathering,
or assemblage had taken place, to his residence.
Should an emergency arise necessitating a minor child under
the age of 18 years to be dispatched upon an errand requiring his
presence in, on or upon a street or automobile, or in any public or
quasi-public place, as aforesaid, during the curfew hours herein established,
he shall have in his possession, a note signed by the parent, guardian
or other person having custody, care or control of such minor child
under the age of 18 years, stating the nature of the errand, the necessity
therefor, the place to which such child is to go, the time such note
was issued, and the time required for such errand. The abuse of the
provisions of this section shall constitute a violation of the provisions
of this chapter punishable as hereinafter provided.
If it should be established that any minor under the age of
18 years remained idle, loitered, wandered, strolled or remained in,
on or upon any of the public streets, highways, roads or other public
or quasi-public places within the Borough, as above mentioned, in
violation of the provisions of this chapter, then it shall be presumed,
in the absence of proof to the contrary, that the parent or other
adult person having the care, control or custody of such minor knowingly
permitted such minor to do so.