[HISTORY: Adopted by the Borough Council of the Borough of Kutztown
at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 156.
It shall be unlawful for boys and girls under sixteen (16) years of
age, such persons being defined for purposes of this chapter as a child or
children, to be, or remain, in or upon the streets (which includes the area
located between the building lines as set forth on the topographical survey
of the Borough of Kutztown), alleys, parks or public places in the Borough
of Kutztown at night between the hours of 11:00 p.m. and the immediately following
6:00 a.m., prevailing time.
It is hereby made unlawful for any parent, guardian or other person having the legal care or custody of any of the children above designated to allow or permit any such child, ward or other person under such age, while in such legal care or custody, to go or be in or upon any streets, alleys, parks or public places in said borough after the time prohibited in § 96-1 of this chapter, except in the following circumstances:
A.
When such child is accompanied by his or her parent,
guardian or other person having the legal care or custody of such child.
B.
When returning home by a direct route from [and within
thirty (30) minutes of the termination of] a school activity or an activity
of a religious or other voluntary association.
C.
When going to or returning home from a child's place
of employment, so long as the child carries on his person a card certified
by the employer identifying the child, the place of employment and the hours
of the child's employment.
D.
In case of reasonable necessity, but only after such
child's parent has communicated to the borough's police station
personnel the facts establishing such reasonable necessity.
E.
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, provided that there shall first be delivered to
the office of the Borough Manager a written communication signed by the child
and signed by a parent or guardian of the child specifying when, where and
in what manner said child will be on the streets at night during hours during
which the curfew provisions of this chapter are applicable in the exercise
of a First Amendment right as specified in such written communication.
Any child as above designated found upon the borough streets, alleys, parks or public places within the borough in violation of § 96-1 of this chapter shall be taken into custody by the borough police and released to his or her parents, guardian or person having the legal care or custody of said child, and report thereof shall be made promptly to the Mayor. If said parent, guardian or person having the legal care or custody of said child shall again allow him or her to be on said streets, alleys, parks or public places in violation of § 96-1 of this chapter, said parent, guardian or person having the legal care or custody of said child so offending shall, upon conviction by a court having jurisdiction thereof, be sentenced to pay a fine of not less than fifty dollars ($50.) and the costs of suit or, on failure of the convicted party to pay said fine, to imprisonment in the county jail for a period not to exceed five (5) days, and a like fine or imprisonment shall be imposed on any person aiding or abetting in the violation of the intent and purpose of this chapter.
Any child who shall violate this chapter more than three (3) times shall
be reported to the Juvenile Probation Officers of Berks County, and such proceedings
shall be initiated in the Court of Common Pleas of Berks County exercising
jurisdiction as the Juvenile Court as may be deemed necessary by said Juvenile
Probation Officers or by any citizen who is a resident of Berks County, and
the parent, guardian or person having the legal care or custody of said child
shall likewise be reported to said Juvenile Probation Officers and a like
procedure followed as in the case of said child.
The Police Officers of the borough, in taking children into custody,
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.
