[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 9-5-2002 by Ord. No. 480 (Ch. 7, Part 1, of the 1973 Code of
Ordinances). Amendments noted where applicable.]
In this chapter, the following terms shall have the meaning
indicated:
The Chief of Police of the Borough of Kenhorst or a designated
representative.
Ten o'clock p.m. on any day of the week until 6:00 a.m. of
the following day.
The shortest path of travel through a public place to reach
a final destination without any detour or stop along the way.
Includes, but is not limited to, a fire, a natural disaster,
an automobile accident or any situation requiring immediate action
to prevent serious bodily injury or loss of life.
Any privately owned place of business operated for a profit
to which the public is invited including, but not limited to, any
place of amusement or entertainment.
A place designated by the Chief of Police to which a minor
taken into custody for a violation of this chapter will be delivered
to await pickup by a parent or juvenile authorities.
Any person under 18 years of age.
Any individual, firm, association, partnership or corporation
operating, managing or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
A person who is:
Any street, alley, highway, sidewalk, playground, park, plaza,
building or any place used by or open to the public.
To:
A.
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the Borough during curfew
hours.
B.
A parent of a minor commits an offense if he knowingly permits or,
by insufficient control, allows the minor to remain in any public
place or on the premises of any establishment within the Borough during
curfew hours.
C.
The owner, operator or any employee of an establishment commits an
offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
A.
It is a defense to prosecution under § 196-2A of this chapter that the minor was:
(1)
Accompanied by the minor's parent.
(2)
In a motor vehicle involved in interstate travel.
(3)
Engaged in an employment activity including, but not limited to,
newspaper delivery, and was using a direct route.
(4)
Involved in an emergency.
(5)
On the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to the police officer about the minor's presence.
(6)
Attending an official school or religious activity or returning home
by a direct route from an official school or religious activity.
(7)
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.
(8)
Married.
B.
Notwithstanding § 196-4A of this chapter, a police officer, upon finding a minor in violation of § 196-2A of this chapter, may take the minor into custody and deliver the minor to a holding location if:
(1)
Reasonable grounds exist to believe the minor has engaged in delinquent
conduct or conduct indicating a need for supervision or is on probation
by order of the Berks County Juvenile Court.
C.
When a minor is taken into custody under § 196-4B of this chapter, the Police Department shall immediately notify a parent to pick up the minor at the holding location. After a parent arrives at a holding location and provides the information required by the Chief of Police to file an incident report, the minor shall be released into the custody of the parent. If a parent cannot be located or fails to take charge of the minor, the minor shall be released to the juvenile authorities.
D.
If a minor is not taken into custody for a violation of § 196-2A of this chapter, the Police Department may, by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 196-2A of this chapter and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this chapter. If the minor was found in violation of § 196-2A of this chapter at an establishment, the police department shall, by certified mail, return receipt requested, notify the owner, operator or employee of the establishment of the violation and include a warning that any subsequent violation may result in prosecution of the owner, operator and employee under this chapter.
Any minor who violates § 196-2A of this chapter; a parent of a minor who violates § 196-2B of this chapter two or more times in a twelve-month period; or the owner, operator or employee of an establishment who violates § 196-2C of this chapter shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code.
