[HISTORY: Adopted by the Borough Council of the Borough of
Collegeville 12-29-1978 by Ord.
No. 289 (Part 8, Ch. 1, Art. C, of the 1985 Code
of Ordinances). Amendments noted where applicable.]
Council finds that the increase in the number and in the seriousness
of crimes committed by minors has been caused in part by the large
number of minors who are permitted to congregate and remain in public
places and in certain establishments during night hours without adult
supervision and that regulation of the same in the exercise of the
police power delegated by the Borough Code for the preservation of
order and the welfare of the community is required for the preservation
or maintenance of public peace, safety, good government and the welfare
of the Borough.
[Amended 9-2-1981 by Ord.
No. 306]
As used in this chapter, the following terms shall have the
meanings indicated:
Any privately owned place of business carried on for a profit
or any place of amusement or entertainment to which the public is
invited.
Any person under the age of 18 years.
Any individual, firm, association, partnership or corporation
operating, managing, or conducting any establishment; and whenever
used in any clause prescribing a penalty, the term "operator" as applied
to associations or partnerships shall include the members or partners
thereof and as applied to corporations, shall include the officers
thereof.
Any natural parent of a minor, a guardian or any adult person,
21 years of age or over, responsible for the care and custody of a
minor.
Eastern standard time except from the last Sunday in April
to the last Sunday in October, when it shall mean Eastern daylight
saving time.
Any public street, highway, road, alley, park, playground,
public building or vacant lot.
To loiter, idle, wander, stroll or play in or upon.
A.
It shall be unlawful for any minor to remain in or upon any public
place or any establishment between the hours of 10:30 p.m. and 6:00
a.m. of the following day prevailing time, except that on Friday and
Saturday evenings the commencement hour shall be extended to 12:00
midnight.
B.
The provisions of this section shall not apply to any minor accompanied
by a parent, or to a minor upon an errand or other legitimate business
directed by that minor's parents, or to any minor who is engaged
in gainful lawful employment during the curfew hours. Where there
are special event programs or functions by properly organized and
supervised organizations to advance legitimate recreation, character
development, religious training and school activities in the building
of good citizenship in young people, the Borough Police Department
will grant special consideration in such cases upon receipt of notice
thereof and the children will be permitted to proceed directly home
from the event without incident.
C.
Each violation of the provisions of this section shall constitute
a separate offense.
A.
It shall be unlawful for any parent knowingly to allow or permit
any minor to remain in or upon any public place or any establishment
between the hours of 10:30 p.m. and 6:00 a.m. of the following day,
prevailing time, except that on Friday and Saturday evenings the commencement
hour shall be extended to 12:00 midnight.
B.
The provisions of this section shall not apply to any parent who
accompanies a minor or to a parent who directs a minor upon an errand
or other legitimate business or to any parent of a minor engaged in
gainful lawful employment during the curfew hours.
C.
Each violation of the provision of this section shall constitute
a separate offense.
A.
It shall be unlawful for any operator of any establishment or any
of his agents or employees knowingly to permit any minor to remain
upon the premises of that establishment at any time between the hours
of 10:30 p.m. and 6:00 a.m. of the following day, prevailing time,
except that on Friday and Saturday evenings the commencement hour
shall be extended to 12:00 midnight.
B.
Each violation of the provisions of this section constitutes a separate
offense.
[Amended 3-1-1989 by Ord.
No. 363]
A.
Any police officer who finds a minor violating any provision of this
article shall obtain information from that minor as to his name and
address, age and the name and address of his parent or parents. The
minor shall thereupon be instructed to proceed to his home forthwith
and, if possible, shall be accompanied by the police officer. The
police officer shall ascertain, if possible, if the parent or parents
are at home and if so, notify them verbally of the violation of both
the parent and the child. If the parent or parents are not found at
home, the police officer shall make such report to his superior officer.
In all cases whether or not verbal notice has been given, a written
notice shall also be mailed to the parent or parents of the minor
advising them of the violation of this chapter.
B.
Any parent who permits a minor to violate any provision of this article
after having received notice of a prior violation shall, upon conviction
thereof by summary proceedings brought in the name of the Borough
before the Magisterial District Judge having jurisdiction, be sentenced
to pay a fine of not less than $5 and not more than $600 and costs;
and in default of payment of fine and costs, to undergo imprisonment
in the Montgomery County prison for a period not in excess of 30 days.
All fines and penalties imposed and collected under this subsection
shall be paid over to the Treasurer for the use of the Borough.
C.
Any operator of any establishment and any agents or employees of
any operator who violates any provision of this chapter shall, upon
conviction thereof by summary proceedings brought in the name of the
Borough before the Magisterial District Judge having jurisdiction,
be sentenced to pay a fine of not less than $5 and not more than $600
for each violation and costs; and in default of payment of said fine
and costs, to undergo imprisonment in Montgomery County prison for
a period not in excess of 30 days. All fines and penalties imposed
and collected under this subsection shall be paid over to the Treasurer
for the use of the Borough.
