[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.
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.
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.
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.
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.