[HISTORY: Adopted by the Borough Council of the Borough of West Reading as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-20-2000 by Ord. No. 834 (Ch. VI, Part 1, of the 1993 Code of Ordinances)]
It shall be unlawful for any unmarried person 17 years of age or younger, hereinafter referred to and defined for this article as a "minor," to be or remain in or upon any of the streets, alleys, parks or public places in the Borough of West Reading, Berks County, Pennsylvania, hereinafter called the "Borough," between the hours of 9:30 p.m. and 6:00 a.m. of the following day, official prevailing time, unless accompanied by his or her parent, guardian or person having lawful custody or control of his or her person, or unless said minor is returning directly to the home of his or her parent, guardian or person having lawful custody or control of his or her person after an event or activity which ended between the limiting hours, or unless there exits a reasonable necessity therefor. The fact that a minor, unaccompanied as aforesaid, is found in any of the aforesaid places within the Borough during said time period shall be prima facie evidence that said minor is there unlawfully and that no reasonable necessity or compelling reason exists therefor.
It shall be unlawful for any parent, guardian or person having lawful custody or control of any minor of the age above designated to allow or permit such minor to violate the provisions of § 194-1 of this article.
If any minor is suspected of violating § 194-1 of this article, he or she may be taken into custody by the Borough police, who shall deliver said minor to his or her parents, guardian or person having lawful custody or control of said minor if said minor is a Borough resident or resides in an adjacent municipality to the Borough. The police officers of the Borough, in taking minors into custody under this article, shall use their discretion in determining age, and in doubtful cases may require positive proof of age of a presumed minor, and until such proof is furnished that said individual is over 17 years of age, the officer's judgment shall prevail.
Any person who violates or permits a violation of § 194-1 or 194-2 of this article shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense, and each section of this article that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this article in equity in the Court of Common Pleas of Berks County.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
The Chief of Police of the Borough shall keep a record of all violations of this article in a bound book kept for this purpose. If any minor or his or her parents, guardian or person having lawful custody or control violates this article three or more times as the result of separate occurrences, the Borough Police may institute appropriate proceedings with respect to said minor in the Juvenile Court of Berks County, Pennsylvania.
[Adopted 8-19-2014 by Ord. No. 1033]
The Borough of West Reading and the community have legitimate concerns regarding the refusal or failure of juveniles to attend school as required by the Compulsory Attendance Statute of the Commonwealth of Pennsylvania, with evidence that juveniles who refuse to attend school are more likely to not complete elementary or secondary education and are more likely to engage in misconduct injurious to themselves or other persons or property.
The Borough of West Reading has an obligation to provide for the protection of juveniles from each other and from other persons, for the enforcement of parental responsibility for acts of their children, for the protection of the general public, and for the reduction of the incidents of juvenile criminal activity. The Borough also desires to promote the safety and good order of the community by encouraging parental responsibility and helping to eradicate or minimize the occurrences of rowdiness, vandalism, harassment, graffiti, theft, drug dealing, drug use, and other behaviors of juveniles as well as the harm done by juveniles to the community.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH
The Borough of West Reading, Berks County, Pennsylvania.
ESTABLISHMENT
Any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
GRADE SCHOOL
Any elementary or secondary institution.
GUARDIAN
A person who, under court order, is the guardian of a juvenile, or a public or private agency with which a juvenile has been placed by a court of competent jurisdiction.
HOMESCHOOL
Applies to children legally authorized to participate in a Home Education Program conducted in compliance with § 1327.1 of the Public School Code (See 24 P.S. § 13-1327.1).
JUVENILE
Any unmarried person over seven years of age and under 17 years of age, or a person over 17 years of age and less than 18 years of age, who is enrolled in or subject to compulsory education.
LOITERING
Remaining idle in essentially one location or lingering or standing around without purpose either alone or in consort with others.
OPERATOR
Any individual, firm, association, partnership, corporation, or other entity operating, managing or conducting any establishment. The term "operator" includes the members, owners and partners of an association, partnership or other similar entity and the officers of a corporation or similar entity.
PARENT
A person who is the birth parent, stepparent or adoptive parent of a juvenile. As used herein, "parent" shall also include a court-appointed guardian or other person 18 years of age or older authorized by the parent, by a court order or by the court-appointed guardian to have the care and custody of the juvenile.
PUBLIC PLACE
Any location to which the public or a substantial group of the public has access, including but not limited to streets, sidewalks, the common areas of schools, parks, hospitals, apartment houses, office buildings, transport facilities, shopping centers, malls and other such common areas.
REMAIN
To fail to immediately leave specific premises when requested to do so by a police officer or the owner, operator or other person in control of such premises.
SCHOOL
Any public, private, denominational, charter or parochial educational institution that is licensed, or exempt from licensing, by the Commonwealth of Pennsylvania or any other state or governmental entity, including any alternative program of study, a home school or work-study offered by such institution and any degree-granting institution of higher education as prescribed in the regulations of the Board of Education.
A. 
It shall be unlawful for any juvenile who is subject to compulsory or continuing/alternative education to loiter, wander or be in or upon the public street, road, alley, park, playground or other public place, or the premises of any establishment, vacant lot or any unsupervised place in the Borough from 8:30 a.m. through 3:30 p.m. on any day for which the school at which such juvenile is enrolled is in session, subject to § 194-10 of this article.
B. 
It shall be unlawful for the parent(s) or guardian(s) of any juvenile to knowingly permit or allow the juvenile to remain in, loiter, wander or be in or upon the public street, road, alley, park, playground or other public place, or the premises of any establishment, vacant lot or any unsupervised place in the Borough from 8:30 a.m. through 3:30 p.m. on any day for which the school at which such juvenile is enrolled is in session, subject to § 194-10 of this article.
C. 
No operator of an establishment or the agents or employees thereof shall knowingly permit any juvenile to remain in or about any public place or any establishment between the hours of 8:30 a.m. and 3:30 p.m. during any day on which the school in which the juvenile is enrolled is in session, subject to § 194-10 of this article.
D. 
It shall be unlawful for any juvenile to loiter within 1,000 feet of any grade school building from 8:00 a.m. through 3:30 p.m. on any day in which such school is in session, subject to § 194-10A through I of this article.
It is a defense to prosecution under this article:
A. 
That the juvenile is accompanied by his or her parent(s) or other adult(s) who has the care or custody of the juvenile.
B. 
That the juvenile is on an emergency errand (without any detour or stop) directed by his or her parent(s), guardian(s) or other adult(s) who has the care or custody of the juvenile.
C. 
That the juvenile is going to or coming directly from, without detour or stop, with permission, his or her place of school or approved employment, which includes vocational training.
D. 
That the juvenile is going to or coming directly from a medical appointment or an emergency.
E. 
That the juvenile has permission to leave the school campus for lunch or a school-related activity or has possession of a valid school-issued off-campus permit.
F. 
That the juvenile is going to or coming from a continuing/alternative education activity.
G. 
That the juvenile is attending an official school, religious or other recreational activity supervised by adults or sponsored by the Borough or other governmental entity, a civic organization or another similar entity that takes responsibility for the juvenile and that the parent(s) or guardian(s) has given permission for the student to attend such activity.
H. 
That the juvenile is going to or returning from, without any detour or stop, an activity as set forth in Subsection G of this section.
I. 
That the juvenile is going to or coming from any government-sponsored activity.
J. 
That the compulsory education or continuing/alternative education to which the juvenile is subject is not in session.
A. 
Upon a juvenile's failure to comply with § 194-9A or D of this article, a police officer shall issue a citation to the juvenile and transport the juvenile to his or her home or to the school from which the juvenile is absent. If cited, the juvenile and his or her parent(s) or guardian(s) shall appear in District Court. A copy of the citation shall be forwarded to the parent(s) or guardian(s) of the juvenile by United States mail, certified mail, return receipt requested, postage prepaid, and shall include a warning that the parent(s) is (are) responsible and liable as the juvenile's parent(s). Any and all records of such citations shall be maintained in the Borough's records. Each such violation shall constitute a separate offense.
B. 
If the parent(s) or guardian(s) has (have) been warned pursuant to Subsection A of this section, then the officer may issue a citation to the parent(s) or guardian(s) for every subsequent violation of this article. Each violation shall constitute a separate offense.
C. 
Once a citation has been issued pursuant to Subsection B of this section, each and every subsequent violation of this article is cause for an officer to issue a citation to the parent(s) or guardian(s) of the juvenile.
D. 
If any operator of an establishment or any agent or employee of any establishment fails to comply with the provisions of this article, a police officer shall issue a citation for said violation. Each violation shall constitute a separate offense.
A. 
Any juvenile, parent(s), guardian(s), individual(s) or operator(s) convicted of violating any provision of this article shall be subject to the following:
(1) 
First offense: $50, plus costs and performance of restorative or community service to be assigned by the superintendent or school principal.
(2) 
Second offense: $100, plus costs and performance of restorative or community service to be assigned by the superintendent or school principal.
B. 
Any juvenile, parent(s), guardian(s), individual(s) or operator(s) convicted of violating any provision of this article for a third and every subsequent offense may be subject to a fine of not less than $300 nor more than $1,000, plus costs and performance of community service as set forth in Subsection A of this section.
C. 
Any community service required shall not exceed 40 hours in a month and shall be completed within 30 days from the date of the violation; community service imposed on a juvenile shall not be completed by the juvenile during his or her required hours of school attendance or related employment.
Members of the Borough Police Department, authorized employees of the Wyomissing Area School District, including but not limited to truancy enforcement and school safety officers, Children and Youth Services employees and juvenile probation officers are authorized and directed to take such actions as are necessary to effectuate this article.