Borough of Pottstown, PA CURFEW

Any natural parent of a minor, as herein defined, or a guardian, or any adult person responsible for the care and custody of a minor. When used in this Section, "parent" shall mean one or both parents.

PUBLIC PLACE

Any street, alley, highway, sidewalk, park, playground or vacant lot to which the general public has access or a right to resort for business, entertainment or other lawful purpose; or in any enclosure or vehicle which is on or in close proximity to any such street, road, alley, highway, park or public place in the Borough of Pottstown. A public place shall include, but not be limited to, any store, shop, restaurant, tavern, bowling alley, cafe, theater, drugstore, pool room, shopping center and any other place devoted to amusement or entertainment of the general public. It shall also include the front or immediate area of the above.

REMAIN

To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling two or more persons in which any minor involved would not be using the streets for emergencies or other purposes of excuse as hereinafter set forth.

In this Part, the singular shall include the plural, the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 102 Purpose.

[Ord. 1752, 11/8/1993, § 2]

This is a Curfew Ordinance prescribing, in accordance with prevailing community standards, regulations for the conduct of minors on streets at night, for the protection of younger children in the Borough of Pottstown from each other and from other persons on the streets during nighttime hours, for the enforcement of parental control and responsibility of their children, for the protection of the public from nocturnal mischief by minors and for the reduction of the incident of juvenile criminal activity, all for the good of minors, for the furtherance of family responsibility, and for the public good, safety and welfare.

§ 103 Curfew; Exceptions Thereto.

[Ord. 1752, 11/8/1993, § 2]

It shall be unlawful for any minor to be or remain in or upon any public highway, street, road, alley, park or other public place or in any enclosure or vehicle which is on or in close proximity to any such street, road, alley, highway, park or other public place within the Borough of Pottstown, between the hours of 9:30 p.m. to 5:00 a.m., Sunday through Thursday, and the hours of 11:00 p.m. to 5:00 a.m. on Fridays and Saturdays.

Any minor who is arrested for a violation of this Section and who, after 30 minutes of time from the said arrest, fails to remove herself or himself, as the case may be, from the public highway, street, road, alley, park, playground or vacant lot, or other public place or in any enclosure or vehicle which is on or in close proximity to any said street, road, alley, highway, park, vacant lot or other public place within the Borough of Pottstown, between the hours of 9:30 p.m. to 5:00 a.m., Sunday through Thursday, and the hours of 11:00 p.m. to 5:00 a.m. on Fridays and Saturdays, shall again be subject to violating the provisions of this Part, and each violation of the provisions of this Part shall constitute a separate offense.

The provisions of this Part shall not apply:

To any minor accompanied by parent, guardian or other person having legal care or custody of such minor.

To any minor possessing a written statement dated that day and signed by parent, guardian or other person having the legal care or custody of such minor, which statement specifies the time, place, purpose and necessity of the minor being in a public place contrary to this Section.

To any minor lawfully employed making it necessary to be on or in highways, streets, parks, etc., as stated above, and possessing a current letter certifying the same and signed by the employer, parent or guardian.

To any minor traveling to and from church, school, recreational or municipal activity with parental permission statement as in subsection B above.

To any minor on an emergency errand.

§ 104 Parents Not to Permit Violation.

[Ord. 1752, 11/8/1993, § 2]

It is hereby made unlawful for any parent, guardian or the person having the legal care or custody of a minor to allow or permit such minor to violate any of the provisions of this Part without legal justification therefor.

§ 105 Responsibility of Owners of Public Places.

[Ord. 1752, 11/8/1993, § 2]

It shall be unlawful for any person, firm or corporation operating or having charge of any public place to knowingly permit any minor under the age of 18 years to loiter, loaf or idle in such place during the hours prohibited by this Section more fully set forth in § 103 herein.

§ 106 Authority of Police Officer.

Any police officer is authorized to arrest, with or without warrant, any person or persons violating any provision of this Part.

Any minor in violation of this Part may be taken into custody by the Borough police, who shall notify the parents, guardian or other person having legal custody or care of such child.

Any juvenile violating this Section who does not immediately, upon demand, provide proof of his identity, date of birth and place of residence, may be taken into police protection until such proof of identity, date of birth and place of residence is established.

§ 107 Procedure In Case of Repeated Violations or Other Factors Interfering With Enforcement.

[Ord. 1752, 11/8/1993, § 2]

Any minor who shall violate this Part more than three times may, at the discretion of the proper municipal officials, be reported to a society or organization, the purpose of which is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the proper court for the permanent welfare of such minor and a like procedure may be taken in cases where the arrest of the parent is not effective, or where, for any other reason, the provisions of § 102 of this Section cannot be made effective by the imposition of fines and penalties.

§ 108 Penalties.

[Ord. 1752, 11/8/1993, § 2]

Any minor who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not less than $25 nor more than $100.

Any person who shall violate any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine not less than $100 nor more than $600, or imprisonment in the County jail not to exceed 30 days.

Any minor who shall violate any provisions of this Section shall not be incarcerated, but shall be dealt with as provided by law.

Article B School Curfew.

§ 111 Definitions.

[Ord. 1906, 11/13/2000, § 1]

As used in this Part, the following terms shall have the following meanings indicated:

BOROUGH

The Borough of Pottstown, Montgomery County, Pennsylvania.

COMPULSORY SCHOOL AGE

The period of a child's life from the time the child's parents elect to have the child enter school, which shall be not later than at the age of eight years, until the age of 17 years. The term shall not include any child who holds a certificate of graduation from a regulatory accredited senior high school.

ESTABLISHMENT

Any privately owned place of business carried on for profit or anyplace of amusement or entertainment to which the public is invited.

GUARDIAN

Any person other than a parent who has legal guardianship of a student or is a person in a parental relation, having control or charge of any student.

HOME EDUCATION PROGRAM

A program conducted, in compliance with the School Code, by the parent or guardian of such person having legal custody of the child or children.

PARENT

The natural or adoptive parents of a student.

PUBLIC PLACE

Any public street, highway, road, park, playground, public building, vacant lot or parking area open to the general public, including the interior of any motor vehicle being operated upon or parked upon or standing in or upon any such areas.

SCHOOL

Any institution, public or private, authorized and/or certified by the School Code.

SCHOOL CODE

The Public School Code of 1949, as amended.

SCHOOL DAY

The time period of any day that students are required to attend school.

SCHOOL TERM

The period of time elapsing between the opening of schools in the fall of one year and the closing of school in the Spring of the following year.

STUDENT

Any person of compulsory school age.

UNAUTHORIZED ABSENCE

Any absence from school by a student which is not excused or permitted by school authorities.

§ 112 Curfew for Students.

[Ord. 1906, 11/13/2000, § 2]

It shall be unlawful for any student, required by the School Code to attend school, to remain in or play in or upon public place or at any establishment or to wander or stroll upon public streets or rights-of-way when such student is required by the School Code to attend school during the school day.

The provisions of this Part shall not apply to any student who:

Has attained the age of 16 years, and who is regularly engaged in any useful and lawful employment or service during the time the schools are in session, and who holds an employment certificate issued according to law.

Has been examined by an approved mental health treatment facility or by a person certified as a school psychologist or psychological examiner and has been found to be unable to profit from further public school attendance, and who has been reported to the Board of School Directors and excused, in accordance with the regulations prescribed by the State Board of Education.

Has attained the age of 15 years and is engaged in farm work or domestic service in a private home on a permit issued by the School Board or the designated school official of the School District of the student's residence, in accordance with regulations which the Superintendent of Public Instruction is hereby authorized to prescribe.

Has attained the age of 14 years and is engaged in farm work or domestic service in a private home on a permit issued as provided in subsection (C) of this Section, and who has satisfactorily completed, either in public or private schools, the equivalent of the highest grade of the elementary school organization prevailing in public schools of the district in which he resides, if the issuance of such a permit has first been recommended by the District Superintendent of Schools having supervision of the schools of the district where such child resides or by the principal of the private school where such child is enrolled and the reason therefor has been approved by the Superintendent of Public Instruction.

Is engaged in a home education program.

§ 113 Liability and Penalties.

[Ord. 1906, 11/13/2000, § 3]

Any person who shall fail to comply with this Part, shall on summary conviction thereof, be sentenced to pay a fine not exceeding $300 and to pay court costs.

The student and every parent, guardian or person in parental relation must appear at a hearing established by the District Justice.

In lieu of or in addition to any other sentence imposed under this Section, the District Justice may order the student to perform community service for a period not to exceed six months.

§ 114 Parental/Guardian Liability.

[Ord. 1906, 11/13/2000, § 4]

Every parent, guardian or person in parental relation, having control or charge of any child or children of compulsory school age, who shall fail to comply with the provisions of this Part regarding compulsory school attendance, subject to the exceptions set forth in § 802(2)(A),(B),(C) and (D) shall be subject to the provisions of § 803.

Any parent, guardian or person in parental relation, having control or charge of any child or children of compulsory school age, who is convicted of a violation of this Part, may be ordered by the District Justice to complete an approved parenting education program or counseling offered by a local school district or other community resource, in lieu of any fine imposed.

If the parent, guardian or person in parental relation charged with a summary offense under this Section shows that he or she took every reasonable step to insure attendance of the student at school, he or she shall not be convicted of the summary offense.

§ 115 Enforcement.

[Ord. 1906, 11/13/2000, § 5]

Any police officer who finds a student violating this Part may obtain the information from each student that is required in order to issue a citation to the student. A copy of the citation and/or written notice shall be provided to the parent or guardian of the student by the School Resources Officer or his designee advising of the violation. The student should then be transported to school.

Any police officer who is notified by a parent, guardian or person in parental relation of a student who willfully refuses to attend school, shall obtain permission from the parent, guardian or person in parental relation to enter the residence of the parent, guardian or person in parental relation and issue a citation for the violation of this Part to the student and return the student to the public school in which the student is, or should be, enrolled.

If a person suspected of violating this Part refused to satisfactorily identify himself to a police officer, the person may be temporarily detained to permit the police officer reasonable opportunity to determine his/her identity. If it is determined that the suspect is a student, subject to compulsory school attendance, then the parent or guardian of such student shall be notified and unless requested by such parent, guardian or person in parental relation to place said student in a school other than the public school, the student may be placed in public school in which the student is, or should be, enrolled.