[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township 11-2-1979 by Ord. No. 63. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
It shall be unlawful for any minor person being under 18 years of age (such persons being hereafter referred to as "minor children") to be or remain in or upon any of the streets, alleys, parks, or public places within Caernarvon Township at night, between the hours of 11:00 p.m. prevailing time and 6:00 a.m. on the following day, or such earlier times as may be designated, within any such period as is designated periodically to be a curfew period by the Board of Supervisors of this Township hereafter, unless such minor child is accompanied by any parent, guardian or other adult person having legal custody or control of such minor child at the time.
It is hereby made unlawful for any parent, guardian or other adult person having the legal custody of such minor children to allow or permit any such minor child to go or be in or upon any of the streets, alleys, parks or public places in said Township after 11:00 p.m. prevailing time, or such earlier designated time, during the curfew period.
Any minor child who remains upon the streets, alleys, parks, or public places within the Township in violation of § 248-1 of this chapter and any parent, guardian or person having legal custody of said minor child who shall allow or permit such child to go or be in any of the streets, alleys, parks or public places within the Township in violation of § 248-2 of this chapter shall, upon confession thereof, be sentenced to pay a fine of not more than $100 and, in default thereof, to imprisonment for not more than 10 days.
Any minor child who shall violate the terms of this chapter more than three times as recorded in the Township's records shall be reported to the juvenile authorities in and for the County of Berks for appropriate action, and a like procedure shall be taken in any case where the prosecution of the parent or guardian shall not be effective in controlling the activities of such minor child or where, for any other reason, the provisions of this chapter cannot be effectively enforced by fines and penalties.
The police officers of the Township shall use their discretion in determining age and, in doubtful cases, may require positive proof and until such proof is furnished the officer's judgment shall prevail.
Any such curfew period as shall be designated from time to time by the Board of Supervisors of Caernarvon Township shall be publicly announced by the Board of Supervisors by means of an appropriate notice which shall be published in at least one daily newspaper generally circulated within Caernarvon Township on three consecutive days, the third such publication to appear at least five days prior to the effective date of the proposed curfew period.
The provisions of this chapter shall be severable, and if any of its provisions shall be held to be unconstitutional or illegal, such decision shall not affect the validity of any of the remaining provisions of this chapter. It is hereby declared as a legislative intent that this chapter would have been adopted had such unconstitutional or illegal provision not been included herein.
Any ordinance or parts of ordinances or resolutions or parts of resolutions inconsistent with the provisions and terms of this chapter are hereby repealed.