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Borough of Boyertown, PA
Berks County
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Code
New Laws (1) Index
[HISTORY: Adopted by the Borough Council of the Borough of Boyertown 8-4-1980 by Ord. No. 4-80. Amendments noted where applicable.]
[Amended 4-3-1995 by Ord. No. 9-95]
It shall be unlawful for any person under the age of 18 years to be on or present in any public street, avenue, alley, park or other public place in the Borough of Boyertown between the hours of 9:30 p.m. and 5:00 a.m. of the following day on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday nights, prevailing time, unless accompanied by his or her parent or guardian or person having lawful custody and control of his or her person or unless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by parent or guardian or other person having legal custody, is found upon any street, alley, avenue, park or other public place after 9:30 p.m. or before 5:00 a.m. of the following day on Sunday, Monday, Tuesday, Wednesday, Thursday, Friday and Saturday shall be prima facie evidence that said child is there unlawfully and that no reasonable excuse exists therefor as provided in § 81-3 hereof.
[Amended 4-5-1993 by Ord. No. 1-93; 7-2-2007 by Ord. No. 03-07]
Any child as above-designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of § 81-1 of this chapter shall be taken into custody by the Borough police and delivered to his or her parents, guardian or person having the legal care or custody of such child, and said child so offending shall, upon summary conviction thereof before a District Magistrate, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, if said child is in default of payment thereof, said child 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 Officer. If said parent, guardian or person having the legal care or custody of said child allows said child to be on said streets, alleys, parks or public places in violation of § 81-1 of this chapter, the Borough police shall have the discretion to issue a summary citation against said parent for violation of § 81-1 of this chapter. Said parent, guardian of person having the legal care or custody of said child so offending shall, upon summary conviction thereof before a District Magistrate, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of payment thereof, to imprisonment in the Berks County Prison for not more than 30 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.
A "reasonable excuse," as applied to §§ 81-1 and 81-2 hereof, shall include the following:
A. 
Medical or other similar emergency.
B. 
Junior firemen going to or from fire calls.
C. 
Going to or from work.
D. 
Going home after school functions, such as athletic contests or practice, band contests or practice, rehearsals and the like, within one hour after the conclusion thereof.
Driving or riding in a motor vehicle on the public streets or the alleys of the Borough shall constitute violation of §§ 81-1 and 81-2, except as provided in § 81-3 hereof.
[Amended 4-5-1993 by Ord. No. 1-93]
Any child as above-designated found upon the Borough streets, alleys, parks or public places within the Borough in violation of §§ 81-1 and 81-4 of this chapter shall be taken into custody by the Borough police and delivered to his or her parents, guardian or person having the legal care or custody of such child, and report thereof shall be made immediately to the Police Department, which shall make a record thereof in a book to be kept for that purpose. 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 §§ 81-1 and 81-4 of this chapter, said parent, guardian or person having the legal care or custody of said child so offending shall, upon summary conviction thereof before a District Magistrate, be sentenced to pay a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of payment thereof, to imprisonment in the Berks County Prison for not more than 30 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 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.