[Ord. 1752, 11/8/1993, § 2]
As used in this Section, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
MINOR
Person under the age of 18 years.
PARENT
Any natural parent of a minor, as herein defined, or a guardian,
or any adult person responsible for the care and custody of a minor.
When used in this Section, "parent" shall mean one or both parents.
PUBLIC PLACE
Any street, alley, highway, sidewalk, park, playground or
vacant lot to which the general public has access or a right to resort
for business, entertainment or other lawful purpose; or in any enclosure
or vehicle which is on or in close proximity to any such street, road,
alley, highway, park or public place in the Borough of Pottstown.
A public place shall include, but not be limited to, any store, shop,
restaurant, tavern, bowling alley, cafe, theater, drugstore, pool
room, shopping center and any other place devoted to amusement or
entertainment of the general public. It shall also include the front
or immediate area of the above.
REMAIN
To stay behind, to tarry and to stay unnecessarily upon the
streets, including the congregating of groups (or of interacting minors)
totaling two or more persons in which any minor involved would not
be using the streets for emergencies or other purposes of excuse as
hereinafter set forth.
In this Part, the singular shall include the plural, the plural
shall include the singular; and the masculine shall include the feminine
and the neuter.
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[Ord. 1752, 11/8/1993, § 2]
This is a Curfew Ordinance prescribing, in accordance with prevailing
community standards, regulations for the conduct of minors on streets
at night, for the protection of younger children in the Borough of
Pottstown from each other and from other persons on the streets during
nighttime hours, for the enforcement of parental control and responsibility
of their children, for the protection of the public from nocturnal
mischief by minors and for the reduction of the incident of juvenile
criminal activity, all for the good of minors, for the furtherance
of family responsibility, and for the public good, safety and welfare.
[Ord. 1752, 11/8/1993, § 2]
1. It shall be unlawful for any minor to be or remain in or upon any
public highway, street, road, alley, park or other public place or
in any enclosure or vehicle which is on or in close proximity to any
such street, road, alley, highway, park or other public place within
the Borough of Pottstown, between the hours of 9:30 p.m. to 5:00 a.m.,
Sunday through Thursday, and the hours of 11:00 p.m. to 5:00 a.m.
on Fridays and Saturdays.
2. Any minor who is arrested for a violation of this Section and who,
after 30 minutes of time from the said arrest, fails to remove herself
or himself, as the case may be, from the public highway, street, road,
alley, park, playground or vacant lot, or other public place or in
any enclosure or vehicle which is on or in close proximity to any
said street, road, alley, highway, park, vacant lot or other public
place within the Borough of Pottstown, between the hours of 9:30 p.m.
to 5:00 a.m., Sunday through Thursday, and the hours of 11:00 p.m.
to 5:00 a.m. on Fridays and Saturdays, shall again be subject to violating
the provisions of this Part, and each violation of the provisions
of this Part shall constitute a separate offense.
3. The provisions of this Part shall not apply:
A. To any minor accompanied by parent, guardian or other person having
legal care or custody of such minor.
B. To any minor possessing a written statement dated that day and signed
by parent, guardian or other person having the legal care or custody
of such minor, which statement specifies the time, place, purpose
and necessity of the minor being in a public place contrary to this
Section.
C. To any minor lawfully employed making it necessary to be on or in
highways, streets, parks, etc., as stated above, and possessing a
current letter certifying the same and signed by the employer, parent
or guardian.
D. To any minor traveling to and from church, school, recreational or municipal activity with parental permission statement as in subsection
B above.
E. To any minor on an emergency errand.
[Ord. 1752, 11/8/1993, § 2]
It is hereby made unlawful for any parent, guardian or the person
having the legal care or custody of a minor to allow or permit such
minor to violate any of the provisions of this Part without legal
justification therefor.
[Ord. 1752, 11/8/1993, § 2]
It shall be unlawful for any person, firm or corporation operating
or having charge of any public place to knowingly permit any minor
under the age of 18 years to loiter, loaf or idle in such place during
the hours prohibited by this Section more fully set forth in § 103
herein.
Any police officer is authorized to arrest, with or without
warrant, any person or persons violating any provision of this Part.
1. Any minor in violation of this Part may be taken into custody by
the Borough police, who shall notify the parents, guardian or other
person having legal custody or care of such child.
2. Any juvenile violating this Section who does not immediately, upon
demand, provide proof of his identity, date of birth and place of
residence, may be taken into police protection until such proof of
identity, date of birth and place of residence is established.
[Ord. 1752, 11/8/1993, § 2]
Any minor who shall violate this Part more than three times
may, at the discretion of the proper municipal officials, be reported
to a society or organization, the purpose of which is to take charge
of incorrigibles and delinquents, and proceedings shall then be taken
in the proper court for the permanent welfare of such minor and a
like procedure may be taken in cases where the arrest of the parent
is not effective, or where, for any other reason, the provisions of
§ 102 of this Section cannot be made effective by the imposition
of fines and penalties.
[Ord. 1752, 11/8/1993, § 2]
1. Any minor who shall violate any provision of this Part shall, upon
conviction thereof, be sentenced to pay a fine not less than $25 nor
more than $100.
2. Any person who shall violate any provision of this Part shall, upon
conviction thereof, be sentenced to pay a fine not less than $100
nor more than $600, or imprisonment in the County jail not to exceed
30 days.
3. Any minor who shall violate any provisions of this Section shall
not be incarcerated, but shall be dealt with as provided by law.
[Ord. 1906, 11/13/2000, § 1]
As used in this Part, the following terms shall have the following
meanings indicated:
BOROUGH
The Borough of Pottstown, Montgomery County, Pennsylvania.
COMPULSORY SCHOOL AGE
The period of a child's life from the time the child's parents
elect to have the child enter school, which shall be not later than
at the age of eight years, until the age of 17 years. The term shall
not include any child who holds a certificate of graduation from a
regulatory accredited senior high school.
ESTABLISHMENT
Any privately owned place of business carried on for profit
or anyplace of amusement or entertainment to which the public is invited.
GUARDIAN
Any person other than a parent who has legal guardianship
of a student or is a person in a parental relation, having control
or charge of any student.
HOME EDUCATION PROGRAM
A program conducted, in compliance with the School Code,
by the parent or guardian of such person having legal custody of the
child or children.
PARENT
The natural or adoptive parents of a student.
PUBLIC PLACE
Any public street, highway, road, park, playground, public
building, vacant lot or parking area open to the general public, including
the interior of any motor vehicle being operated upon or parked upon
or standing in or upon any such areas.
SCHOOL
Any institution, public or private, authorized and/or certified
by the School Code.
SCHOOL CODE
The Public School Code of 1949, as amended.
SCHOOL DAY
The time period of any day that students are required to
attend school.
SCHOOL TERM
The period of time elapsing between the opening of schools
in the fall of one year and the closing of school in the Spring of
the following year.
STUDENT
Any person of compulsory school age.
UNAUTHORIZED ABSENCE
Any absence from school by a student which is not excused
or permitted by school authorities.
[Ord. 1906, 11/13/2000, § 2]
1. It shall be unlawful for any student, required by the School Code
to attend school, to remain in or play in or upon public place or
at any establishment or to wander or stroll upon public streets or
rights-of-way when such student is required by the School Code to
attend school during the school day.
2. The provisions of this Part shall not apply to any student who:
A. Has attained the age of 16 years, and who is regularly engaged in
any useful and lawful employment or service during the time the schools
are in session, and who holds an employment certificate issued according
to law.
B. Has been examined by an approved mental health treatment facility
or by a person certified as a school psychologist or psychological
examiner and has been found to be unable to profit from further public
school attendance, and who has been reported to the Board of School
Directors and excused, in accordance with the regulations prescribed
by the State Board of Education.
C. Has attained the age of 15 years and is engaged in farm work or domestic
service in a private home on a permit issued by the School Board or
the designated school official of the School District of the student's
residence, in accordance with regulations which the Superintendent
of Public Instruction is hereby authorized to prescribe.
D. Has attained the age of 14 years and is engaged in farm work or domestic
service in a private home on a permit issued as provided in subsection
(C) of this Section, and who has satisfactorily completed, either
in public or private schools, the equivalent of the highest grade
of the elementary school organization prevailing in public schools
of the district in which he resides, if the issuance of such a permit
has first been recommended by the District Superintendent of Schools
having supervision of the schools of the district where such child
resides or by the principal of the private school where such child
is enrolled and the reason therefor has been approved by the Superintendent
of Public Instruction.
E. Is engaged in a home education program.
[Ord. 1906, 11/13/2000, § 3]
1. Any person who shall fail to comply with this Part, shall on summary
conviction thereof, be sentenced to pay a fine not exceeding $300
and to pay court costs.
2. The student and every parent, guardian or person in parental relation
must appear at a hearing established by the District Justice.
3. In lieu of or in addition to any other sentence imposed under this
Section, the District Justice may order the student to perform community
service for a period not to exceed six months.
[Ord. 1906, 11/13/2000, § 4]
1. Every parent, guardian or person in parental relation, having control
or charge of any child or children of compulsory school age, who shall
fail to comply with the provisions of this Part regarding compulsory
school attendance, subject to the exceptions set forth in § 802(2)(A),(B),(C)
and (D) shall be subject to the provisions of § 803.
2. Any parent, guardian or person in parental relation, having control
or charge of any child or children of compulsory school age, who is
convicted of a violation of this Part, may be ordered by the District
Justice to complete an approved parenting education program or counseling
offered by a local school district or other community resource, in
lieu of any fine imposed.
3. If the parent, guardian or person in parental relation charged with
a summary offense under this Section shows that he or she took every
reasonable step to insure attendance of the student at school, he
or she shall not be convicted of the summary offense.
[Ord. 1906, 11/13/2000, § 5]
1. Any police officer who finds a student violating this Part may obtain
the information from each student that is required in order to issue
a citation to the student. A copy of the citation and/or written notice
shall be provided to the parent or guardian of the student by the
School Resources Officer or his designee advising of the violation.
The student should then be transported to school.
2. Any police officer who is notified by a parent, guardian or person
in parental relation of a student who willfully refuses to attend
school, shall obtain permission from the parent, guardian or person
in parental relation to enter the residence of the parent, guardian
or person in parental relation and issue a citation for the violation
of this Part to the student and return the student to the public school
in which the student is, or should be, enrolled.
3. If a person suspected of violating this Part refused to satisfactorily
identify himself to a police officer, the person may be temporarily
detained to permit the police officer reasonable opportunity to determine
his/her identity. If it is determined that the suspect is a student,
subject to compulsory school attendance, then the parent or guardian
of such student shall be notified and unless requested by such parent,
guardian or person in parental relation to place said student in a
school other than the public school, the student may be placed in
public school in which the student is, or should be, enrolled.