[HISTORY: Adopted by the Board of Commissioners of the Township of
Upper Pottsgrove 1-27-1986 by Ord. No. 162
(Ch. 6, Part 1, of the 1993 Code). Amendments noted where applicable.]
It shall be unlawful for any child under the age of 18 years to be present
upon or in any public road or street or other public place in Upper Pottsgrove
Township, Montgomery County, Pennsylvania, between the hours of 11:00 p.m.
and 5:30 a.m., prevailing time, unless accompanied by a parent or guardian
or other adult person having lawful custody and control of his or her person,
or unless there exists a reasonable necessity for such presence. The presence
of a child under the age of 18 years upon or in a public road or street or
other public place between the above hours unaccompanied by a parent or guardian
or other adult person having lawful custody and control of his or her person
shall be prima facie evidence that said child is there unlawfully and that
no reasonable excuse exists for such presence.
It shall be unlawful for any parent, guardian, or other adult person
having lawful custody and control knowingly, or with reason to know, to permit
any such child under the age of 18 years to be present upon or in any public
road or street or other public place in Upper Pottsgrove Township, or otherwise
to be in violation of this chapter.
It shall be unlawful for any person, firm or corporation owning, managing,
or operating a place of public resort to permit any child under the age of
18 years to remain in such place, owned, managed or operated by said person,
firm or corporation between the hours of the curfew established in this chapter.
It shall be unlawful for any adult (other than the parent, guardian
or adult having lawful custody and control) knowingly to be in the company
of any child under the age of 18 years, in any public street, place, way,
road or place of public resort in violation of this chapter.
"Reasonable excuse" shall include the following:
[Amended 3-8-1993 by Ord. No. 243]
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be sentenced to pay a fine not exceeding $600 and costs
and, in default of payment thereof, shall be subject to imprisonment for a
term not to exceed 30 days; provided, juveniles who shall violate any provision
of this chapter shall not be imprisoned but shall be dealt with as provided
by law. Each day that a violation of this chapter continues shall constitute
a separate offense.
