Borough of Schuylkill Haven, PA Curfew

Any private, nonpublic place of business or other enterprise, whether or not operated for profit, to which the public is invited by the owner or operator.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment and any employee or agent of the foregoing, and whenever used in any section 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, and in all cases shall apply to employees or agents.

PUBLIC PLACE

Any public street, alley, sidewalk, park, playground, public building or vacant lot.

REMAIN

To loiter, idle, wander, stroll or play in or upon.

RESPONSIBLE ADULT

Any person 25 years of age or older who has voluntarily assumed the care, custody or control of a child or youth with the consent of such child or youth's parent and who accepts full and complete responsibility for the behavior of such child or youth while such child or youth is in this person's care, custody and control.

YOUTH

Any person 16 years of age or older, but less than 18 years of age.

In this chapter, the singular shall include the plural, the plural shall include the singular and the masculine shall include the feminine.

§ 99-2 Curfew established.

It shall be unlawful for any child unaccompanied by a parent or responsible adult to remain in or upon any public place or private establishment in the Borough of Schuylkill Haven at any time between the hours of 10:00 p.m. and 6:00 a.m.

It shall be unlawful for any youth unaccompanied by a parent or responsible adult to remain in or upon any public place or private establishment in the Borough of Schuylkill Haven at any time between the hours of 12:00 midnight and 5:00 a.m.

This chapter does not prohibit a child or youth from traversing the streets, sidewalks or other means of passage from or to a place of employment, school function, civic-sponsored event, established volunteer service or adult-supervised function during the established hours, provided that such child or youth is traversing the most direct route to or from such place or event or to or from such child's or youth's home.

§ 99-3 Responsibility of parent.

It shall be unlawful for any parent to allow a child or youth to remain in or upon any public place or private establishment in violation of this chapter.

§ 99-4 Responsibility of establishment owner.

It shall be unlawful for the operator of any private establishment to permit a child or youth to remain in or upon the premises of such private establishment in violation of this chapter.

§ 99-5 Violations and penalties.

Any child or youth found in or upon any public place or private establishment in violation of this chapter may be taken into custody by the Borough police and delivered to a parent or otherwise taken to Borough Hall if such parent cannot be located. If such parent cannot be located, the police shall retain custody of such child or youth until the parent is located or another responsible adult is located to care for the child or youth until placed in the custody of a parent, provided that the Borough police officers shall use their discretion in determining age and, in doubtful cases, may require proof, and until such proof is furnished, the officer's judgment shall prevail.

Any parent who violates § 99-3 of this chapter shall, for each and every violation, upon conviction thereof or upon a guilty plea, be sentenced to pay a fine of not less than $25 nor more than $300, plus the costs of prosecution, provided that each violation of any such provision shall constitute a separate violation.

Any operator who violates § 99-4 of this chapter shall, for each and every violation, upon conviction thereof or upon a guilty plea, be sentenced to pay a fine of not less than $25 nor more than $300, plus costs of prosecution, provided that each violation of any such provision shall constitute a separate offense.

§ 99-6 Multiple violations.

Any child who violates this chapter more than three times may, at the discretion of the proper Borough officials, be reported to a society or organization whose purpose it is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the Court of Common Pleas or Juvenile Court for the permanent welfare of such child, and a like procedure may be taken in cases where the arrest of the parent is not effective or where, for any other reason, the provisions of this chapter cannot be made effective by the imposition of fines and penalties.