The City Council of the City of Allentown makes the following finding:
A.
The following daytime curfew restrictions encourage school attendance.
[HISTORY: Adopted by the City Council of the City of Allentown 6-19-1997 by Ord. No. 13583 (Article 731 of the 1962 Codified Ordinances). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
A parent or person with legal custody as defined in the Pennsylvania Code to whom the care or supervision of the child has been temporarily and lawfully delegated or assigned.
An unforeseen circumstance or the resulting state that demands for immediate action including, but not limited to, a fire, natural disaster, automobile accident, or any other situation requiring immediate action to prevent serious bodily injury or loss of life.
Any privately owned place where business is 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 who has not been emancipated under Pennsylvania law.
Any public street, private street, sidewalk, public building and appurtenant space, park, parking lot or vacant lot in which the public may enter and exit freely.
To stay, linger, tarry, wait, or remain.
A.
It shall be unlawful for any minor of compulsory school age enrolled in any elementary or secondary school to be or remain in or upon any public place or on the premises of any establishment within the City between the hours of 9:00 a.m. and 2:30 p.m. on any day in which school is in session, unless such minor is on a scheduled vacation or holiday observed by the school, or that child has permission to be absent from school or to be in a public place or establishment from an authorized school official. In case the minor is educated through a home school program pursuant to Pennsylvania School Code § 1327.1 (Home Education),[1] the minor's custodian shall be deemed an authorized school official.
B.
Custodian's responsibility. It shall be unlawful for any custodian of any minor of compulsory school age to knowingly permit such minor to be or remain in or upon any public place or on the premises of any establishment within the City between the hours of 9:00 a.m. and 2:30 p.m. on any day in which school is in session, unless such minor is on a scheduled vacation or holiday observed by the school, or that child has permission to be absent from school or to be in a public place or establishment from an authorized school official. In case the minor is educated through a home school program pursuant to Pennsylvania School Code § 1327.1 (Home Education),[2] the minor's custodian shall be deemed an authorized school official.
C.
Accomplice. It shall be unlawful for any person to act as an accomplice in violating any of the provisions of the daytime curfew. A person is an accomplice of a minor in violation of the daytime curfew if, with the intent of promoting or facilitating the commission of the offense, they:
A.
First offense. Any minor who shall fail to comply with the provisions of this chapter relating to daytime curfew on a first offense shall be arrested and apprehended, taken into custody and transported to police headquarters for proper identification. After identification has been properly ascertained, it shall be entered into the database by the City. The arresting or apprehending officer shall properly notify the custodian of such minor and, unless requested by such custodian to place the minor in a school other than public school, he or she shall place said child in the public school in which the minor is or should be enrolled, subject to the appropriate disciplinary action, including but not limited to, in-school suspension.
B.
Second and succeeding offenses. Any minor who shall fail to comply with the provisions of this chapter relating to daytime curfew on a second or succeeding offense shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $600 for each offense, together with costs, and, in default of payment of such fine and costs, shall be referred by the Magisterial District Judge to the Juvenile Court pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.
C.
Age determination. When taking children into custody, the Police Department shall use its reasonable judgment in determining age and in doubtful cases may require proof thereof, and until such proof is established, the determination based on such officer's judgment shall prevail.
D.
Multiple offenses. Any minor, whether a resident or nonresident of the City, who shall violate this chapter three or more times shall be reported to the proper juvenile authorities of the County of Lehigh for appropriate action pursuant to the Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
E.
Offense of the parent. Any custodian having control or charge of any minor of compulsory school age who shall fail to comply with the provisions of this chapter relating to daytime curfew shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $600 for each offense, together with costs, and, in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 90 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.
F.
Offense of accomplices. Any person found to be an accomplice shall, on summary conviction thereof, be sentenced to pay a fine not to exceed $600 for each offense, together with costs, and, in default of payment of such fine and costs, shall be sentenced to imprisonment not to exceed 90 days. In lieu of a fine, community service may be assigned by a Magisterial District Judge at his or her discretion.
If any sentence, clause, section, or part of this chapter is for any reason found to be unconstitutional, illegal or invalid, such findings shall not affect or impair any of the provisions, sentences, clauses, sections or parts of this chapter. That this chapter shall go into effect 10 days after passed by City Council and signed by the Mayor pursuant to Section 219 of the Home Rule Charter.