[HISTORY: Adopted by the Borough Council of the Borough of
Greenville 11-10-1955 by Ord. No.
704 (Ch. 6, Part 5, of the 2006 Code of Ordinances.)
Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 357.
[Amended 3-14-1964 by Ord. No. 898; 6-8-1965 by Ord. No. 871]
A.
It shall be unlawful for any child under the age of 18 (such persons
being defined for the purpose of this chapter as "children") to be
or remain in or upon any street, alley, sidewalk, park or public place
in the Borough between the hours of 10:00 p.m. and 5:00 a.m. throughout
the period from Sunday evening through Thursday morning, inclusive,
and 12:00 midnight and 5:00 a.m. throughout the period from Friday
evening through Sunday morning, inclusive, unless that child is accompanied
by a parent, guardian or other person having the legal custody of
him, or unless that child has acceptable evidence on his person verifying
attendance at a recognized school, church or recreational function
and is homeward within 30 minutes of the conclusion of the event.
B.
During the summer months in which classes in the public schools of Greenville are recessed for summer vacation, the restricted curfew hours shall be from 11:00 p.m. and 5:00 a.m. from Sunday evening through Thursday morning of each week, both inclusive, subject to the remaining provisions of Subsection A.
[Amended 3-14-1964 by Ord. No. 898]
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any child under the age above designated, to allow or permit that child, ward or other person under such age, while in such legal custody, to go or be in or upon any street, alley, sidewalk, park or public place in the Borough between the hours specified in § 229-1, except as therein provided.
[Amended 3-14-1964 by Ord. No. 898; 8-8-1995 by Ord. No. 1312; 8-8-2006 by Ord. No. 1455]
Any child, as above defined, found in or upon any street, alley, sidewalk, park or public place in the Borough, in violation of § 229-1, shall be taken into custody by the Borough police and delivered to that child's parents, guardian or person having legal custody of the child. Additionally, the police thereafter shall deliver a written warning to said parents, guardian or person having legal custody of the child, advising them of the curfew violation. If the parent, guardian or person having legal custody of that child shall subsequently allow the child to be in or upon any street, alley, sidewalk, park or public place in violation of § 229-1, that parent, guardian or person having legal custody of the child so offending shall, upon conviction therefor, be sentenced to pay a fine of $25 for the first offense occurring after the warning, plus costs of prosecution, and shall be sentenced to pay a fine of $50, plus costs of prosecution, for the second offense and for each subsequent occurrence thereafter said person, upon conviction thereof, shall be sentenced to a fine of not more than $600 plus costs and, in default of payment of said fine and costs to a term of imprisonment not to exceed 30 days. Also, any person who aids or abets a child in violating this chapter shall be guilty of an offense and, upon conviction thereof, shall be subject to a fine of $25 for the first offense and $50 for the second and subsequent offenses.
[Amended 3-14-1964 by Ord. No. 898]
Any child who shall violate any provision of this chapter more than three times shall be reported to a society whose purpose is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of that child, and a like procedure shall be taken in cases where the arrest of the parent, guardian or legal custodian shall not be effective, or where for any other reason the provisions of § 229-1 cannot be made effective by fines and penalties imposed under this chapter.
[Amended 3-14-1964 by Ord. No. 898]
The police officers of the Borough, in taking children into
custody under this chapter, 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.
