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 from
each other and from other persons on the streets during nighttime
hours, for the enforcement of parental control and responsibility
for 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.
It shall be unlawful for any minor to be or remain in or upon
any public highway, park or other public place within the Borough,
or in any enclosure or vehicle which is on or in close proximity to
any such public place within the Borough, between the hours of 11:00
p.m. and 5:00 a.m. on the following day. Exceptions to the above are
the following:
A. Minor accompanied by parent, guardian or other person having legal
care or custody of such minor.
B. 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
chapter.
C. 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 employer, parent or guardian.
D. Minor on an emergency errand.
E. Minor traveling to and from church, school or municipal activity with parental permission statement as in Subsection
B above.
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 chapter without legal
justification therefor.
Any minor found upon the streets, alleys, parks or public places within the Borough in violation of §
114-2 shall be taken into custody by the Borough police or legally deputized individual, be delivered to his parent(s), guardian or person having the legal custody of said minor, and be given a copy of this chapter. A report shall be filed and kept in a book for that specific purpose. If said parent, guardian or person having the legal custody of said minor shall again allow him to be on the streets, alleys, parks or public places in violation of §
114-2, said parent, guardian or person having the legal custody of said minor so offending shall, upon the second offense, be called along with the offender and be so advised once again as to the penalty provisions contained in this chapter. Upon the third violation, said parent, guardian or person will be cited for the violation.
Any minor who shall violate this chapter more than three times may, at the discretion of the proper Borough 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 §
114-2 of this chapter cannot be made effective by the imposition of fines and penalties.
The police officers of the Borough in taking minors into custody
shall use their discretion in determining age and, in doubtful cases,
may require positive proof of age. Until such proof is furnished,
the officer's judgment shall prevail.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of not more than
$600 and costs and, in default of payment, to imprisonment for a term
not to exceed 30 days.