[HISTORY: Adopted by the Borough Council
of the Borough of Wilson 7-22-1996 by Ord. No. 655, approved 7-22-1996. Amendments
noted where applicable.]
It shall be unlawful for any child under the
age of 18 years to be or remain in or upon any public street, alley,
highway, park or other public place or in any enclosure or vehicle
which is on or in close proximity to any such street, alley, highway,
park or public place in the Borough of Wilson between the hours of
11:00 p.m. and 6:00 a.m.; and unlawful under the same conditions for
children under the age of eight between the hours of 8:00 p.m. Eastern
standard time and 6:00 a.m.; and between the hours of 9:00 p.m. and
6:00 a.m. when daylight savings time is in effect unless:
A.
Such child shall be accompanied by a parent, guardian
or other person, in parental relation, having the legal custody, control
or charge of such child; or
B.
Such child shall be lawfully employed, in the course
of which employment it is necessary to use such public street, alley,
highway or other public place for such employment; or
C.
Such child is on lawful and necessary business for
his or her parent or guardian or other person in parental relation
having the legal custody, control or charge of such child; or
D.
Such child is returning from a school, religious,
recreational or job activity; or
E.
Such child is exercising First Amendment rights protected
by the Constitution; or
F.
Such child is on an emergency errand authorized by
his or her parent, guardian or other person in parental relation having
the legal custody, control or charge of such child.
It shall be unlawful for any parent, guardian
or person in parental relation having control of any child under the
age of 18 years to permit such child to be or remain in or upon any
public street, alley, highway, park or other public place or in any
enclosure or vehicle which is in or close proximity to any such street,
alley, highway, park or public place in the Borough of Wilson between
the hours of 11:00 p.m. and 6:00 a.m.; and unlawful under the same
conditions for children under the age of eight, between the hours
of 8:00 p.m. Eastern standard time and 6:00 a.m.; and between the
hours of 9:00 p.m. and 6:00 a.m. when daylight savings time is in
effect unless:
A.
Such child shall be accompanied by a parent, guardian
or other person in parental relation having the legal custody, control
or charge of such child; or
B.
Such child shall be lawfully employed, in the course
of which employment it is necessary to use such public street, alley,
highway or other public place for such employment; or
C.
Such child is on lawful and necessary business for
his or her parent, guardian or other person in parental relation having
the legal custody, control or charge of such child; or
D.
Such child is returning from a school, religious,
recreational or job activity; or
E.
Such child is exercising First Amendment rights protected
by the Constitution; or
F.
Such child is on an emergency errand authorized by
his or her parent, guardian or other person in parental relation having
the legal custody, control or charge of such child.
Any person who violates any provision of this
chapter shall be penalized as follows:
A.
Offense of child.
(1)
Any child in violation of this chapter shall be taken
into custody by the Police Department and released to his or her parents,
guardian or other person in parental relation having the legal custody,
control or charge of such child; and a report thereof shall be immediately
made to the Police Department, which shall make a record thereof in
a docket kept for that purpose.
(2)
Any child who shall fail to comply with provisions
of this chapter relating to the evening curfew on a second or succeeding
offense, shall, on summary conviction thereof, be sentenced to pay
a fine not to exceed $300 for each offense, together with costs, and,
in default of payment of such fine and costs, shall be referred by
the District Justice 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 District Justice at his discretion.
(3)
Age determination. In taking children into custody,
the Police Department shall use its discretionary 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.
(4)
Identification. Any child violating this chapter,
who does not immediately upon being taken into custody by a police
officer disclose his identity and place of residence, shall be taken
by such police officer to a place of detention and held for questioning
and investigation.
(5)
Multiple offenses. Any child, whether a resident or
nonresident of the Borough, who shall violate this chapter three or
more times shall be reported to the proper juvenile correctional authorities
of the County of Northampton for appropriate action pursuant to the
Juvenile Act, 42 Pa.C.S.A. § 6301 et seq.
B.
Offense of the parent. Every parent, guardian or person
in parental relation, having control or charge of any child who shall
fail to comply with the provisions of this chapter relating to evening
curfew shall, on summary conviction thereof, be sentenced to pay a
fine not to exceed $300 for each offense, together with costs, and,
in default of payment of such fine and costs, shall be sentenced to
imprisonment not to exceed 30 days. In lieu of a fine, community service
may be assigned by a District Justice at his discretion.
