[HISTORY: Adopted by the Borough Council of the Borough of Sinking Spring 6-5-2003 by Ord. No. 522. Amendments noted where applicable.]
The purpose of this chapter is to:
A. 
Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough and the reduction of motor vehicle accidents involving juveniles;
B. 
Promote the safety and well being of the Borough's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, unlawful drug activities, and to being victimized by older perpetrators of crime; and
C. 
Provide the Sinking Spring Borough Police Department with additional options to reduce juvenile delinquency and gang-related problems.
D. 
Foster and strengthen parental responsibility for children.
As used within this chapter, the following words and phrases shall have the meanings ascribed to them below:
CURFEW HOURS
The hours of 12:01 a.m. through 5:00 a.m. every day.
EMERGENCY
Unforeseen circumstances, or the status or condition resulting therefrom, requiring immediate action to safeguard life, limb or property. The term includes, but is not limited to, fires, natural disasters, automobile accidents, or other similar circumstances.
ESTABLISHMENT
Any privately-owned place of business within the Borough operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment. With respect to such establishment, the term "operator" shall mean any person, and any firm, association, partnership (and the members or partners thereof) and/or any corporation (and the officers thereof) conducting or managing that establishment.
MINOR
Any person under 18 years of age who has not been emancipated by an order or decree of a court of competent jurisdiction.
OFFICER
A police or other law enforcement officer charged with the duty of enforcing the laws of the Commonwealth of Pennsylvania and/or the ordinances of the Borough of Sinking Spring.
PARENT
A. 
A person who is a minor's biological or adoptive parent and who has legal custody of a minor (including either parent if custody is shared under a court order or agreement);
B. 
A person who is the biological or adoptive parent with whom a minor regularly resides;
C. 
A person judicially appointed as a legal guardian of the minor; and/or
D. 
A person 18 years of age or older standing in loco parentis (as indicated by the authorization of an individual listed in Subsection A, B or C of this definition, above, for the person to assume the care or physical custody of the child, or as indicated by any other circumstances).
PERSON
An individual; does not refer to any association, corporation, or any other legal entity.
PUBLIC PLACE
Any place to which the public or a substantial group of the public has access, including but not limited to streets, highways, roads, sidewalks, alleys, avenues, parks, and/or the common areas of schools, hospitals, apartment houses, office buildings, transportation facilities and businesses.
REMAIN
The following actions:
A. 
To linger or stay at or upon a place; and/or
B. 
To fail to leave a place when requested to do so by an officer or by the owner, operator or other person in control of that place.
TEMPORARY CARE FACILITY
Refers to a nonlocked, nonrestrictive shelter at which minors may wait, under visual supervision, to be retrieved by a parent. No minors waiting in such facility shall be handcuffed and/or secured (by handcuffs or otherwise) to any stationary object.
It shall be unlawful for a minor, during curfew hours, to remain in or upon any public place within the Borough, to remain in any motor vehicle operating or parked therein or thereon, or to remain in or upon the premises of any establishment within the Borough, unless:
A. 
The minor is accompanied by a parent; or
B. 
The minor is involved in an emergency; or
C. 
The minor is engaged in an employment activity, or is going to or returning home from such activity, without detour or stop; or
D. 
The minor is on the sidewalk directly abutting a place where he or she resides with a parent; or
E. 
The minor is attending an activity sponsored by a school, religious or civic organization, by a public organization or agency, or by another similar organization or entity, which activity is supervised by adults, and/or the minor is going to or returning from such an activity without detour or stop; or
F. 
The minor is on an errand at the direction of a parent and the minor has in his or her possession a writing signed by the parent containing the following information: the name, signature, address and telephone number of the parent authorizing the errand, the telephone number where the parent may be reached during the errand, the name of the minor, and a brief description of the errand, the minor's destination(s) and the hours the minor is authorized to be engaged in the errand; or
G. 
The minor is involved in interstate travel through, or beginning or terminating in, the Borough of Sinking Spring; or
H. 
The minor is exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly.
It shall be unlawful for any person (including any minor) to give a false name, address or telephone number to any officer investigating a possible violation of this chapter.
A. 
Minors. Before taking any enforcement action hereunder, an officer shall make an immediate investigation for the purpose of ascertaining whether or not the presence of a minor in a public place, motor vehicle and/or establishment within the Borough during curfew hours is in violation of § 89-3. Any officer having probable cause to believe a minor is violating the provisions of this chapter shall have the authority to take the juvenile into custody.
(1) 
If such investigation reveals that the presence of such minor is in violation of § 89-3, then the officer is authorized to charge the minor with a violation of this chapter and shall issue a non-traffic summary citation requiring the minor to appear in Magisterial District Court; and
(2) 
As soon as practicable, the officer shall:
(a) 
Release the minor to his or her parent(s); or
(b) 
Place the minor in a temporary care facility for a period not to exceed the remainder of the curfew hours, so that his or her parent(s) may retrieve the minor; or
(c) 
If a minor refuses to give an officer his or her name and address, refuses to give the name and address of his or her parent(s), the officer shall contact the office of the Berks County Children and Youth Services and the minor may be taken to a temporary shelter care facility.
(d) 
In the event that a parent cannot be contacted or that a parent refuses to take custody of a minor, the officer shall contact the office of the Berks County Children and Youth Services and the minor may be taken to a temporary care facility.
B. 
Others. If an investigation by an officer reveals that a person has violated a provision of this chapter, then the officer is authorized to charge the person with a violation and shall issue a non-traffic summary citation directing the person to appear in Magisterial District Court.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter 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 chapter 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 chapter in equity in the Court of Common Pleas of Berks County.
All existing ordinances or parts of ordinances and provisions of the Sinking Spring Code are hereby repealed to the extent necessary to give this chapter full force and effect.
If any of the provisions of this chapter is declared to be invalid, all other provisions hereof shall remain valid and in full force and effect.