[HISTORY: Adopted by the Borough Council of Montgomery Borough 10-12-1999 by Ord. No. 1993-3 (Ch. X, Part 6, of the 1996 Code of Ordinances). Amendments noted where applicable.]
The purpose of this chapter is to:
Promote the general welfare and protect the general public through the reduction of juvenile violence and crime within the Borough.
Promote the safety and well being of the Borough's youngest citizens, persons under the age of 18, whose inexperience renders them particularly vulnerable to becoming participants in unlawful activities, and to being victimized by older perpetrators of crime.
Foster and strengthen parental responsibility for children.
[Amended 10-14-2003 by Ord. No. 2003-6]
As used in this chapter, the following terms shall have the meanings indicated:
- CHIEF OF POLICE
- The Chief of Police of the Borough of Montgomery or a designated representative.
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.
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.
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.
It is a defense to prosecution under § 156-3 that the minor was:
Accompanied by the minor's parent.
On an errand at the direction of the minor's parent and was using a direct route.
Engaged in employment activity, including, but not limited to, newspaper delivery, and was using a direct route.
Involved in an emergency.
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.
Attending an official school or religious activity or returning home by a direct route from an official school or religious activity.
Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly.
Married or had been married or had disabilities of minority removed by appropriate court order.
Notwithstanding Subsection A of this section, a police officer, upon finding a minor in violation of § 156-3A, may take the minor into custody and deliver the minor to a holding location if:
When a minor is taken into custody under this section, 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.
If a minor is not taken into custody for a violation of § 156-3A, the Police Department shall, by certified mail, return receipt requested, notify a parent of the minor that the minor has violated § 156-3A and include a warning that any subsequent violation may result in prosecution of the minor and the parent under this section. If the minor was found in violation of § 156-3A 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 § 156-3A of this chapter two or more times within any twelve-month period shall be, upon conviction, punishable by a fine of not less than $25 nor more than $600 and costs of prosecution.
A parent of the minor who violates § 156-3B of this chapter shall be, upon conviction, punishable by a fine of not less than $25 nor more than $600 and costs of prosecution and, in default of fine and costs, to undergo imprisonment of not more than 30 days.