It shall be unlawful for any child to be in or upon any of the streets,
roads, sidewalks, parks or other public places in the Borough of Churchill,
or in any place of public resort or entertainment or in any place of business
outside the premises of his home at any time during the curfew period. Provided
that the prohibition set forth hereinabove not apply in any of the following:
A. In the case of a child accompanied by his parent or another
responsible person of good repute who is at least 21 years of age.
B. In the case of a child who is in the performance of an
errand for his parent and who bears a written note, from such parent, giving
the date, time and nature of the errand.
C. In the case of a child who is returning from a community
or school-sponsored function or activity, in which case such child shall be
allowed 1/2 hour after the conclusion of such function or activity to reach
his home, but in no case later than 12:00 midnight. This exception, however,
shall apply only in instances where the police shall be notified by the school
principal or person in charge of the function or activity.
[Amended 3-10-1998 by Ord. No. 667]
It shall be unlawful for any parent to allow or permit his child to
violate any of the provisions of the second section of this chapter, and any
parent violating any of the provisions of that section, upon conviction thereof
before any District Justice shall be sentenced to pay a fine of not more than
$600, plus costs of prosecution, and, in default of payment of such fine and
costs, to imprisonment for not more than 30 days.
It shall be the duty of the members of the Police Department of the
Borough of Churchill to enforce this chapter and, upon finding a child violating
any of the provisions of the second section of this chapter, to take such
child into custody at police headquarters, to make a record of the name, address
and age of such child and to notify the parent of such child to come immediately
to police headquarters and to take such child to his home. In
any case where a parent cannot be contacted or located, the police officer
having custody of such child shall contact juvenile court for instructions
as to custody of such child for the remainder of the curfew period. Provided
that the police officers of the Borough of Churchill, in taking children into
custody under this chapter, 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.
If any child shall be found violating any of the provisions of the second
section of this chapter more than three times, proceeding shall then be taken
in the Juvenile Court of the Family Division of the Court of Common Pleas
of Allegheny County, for the permanent welfare of such child, and a like procedure
shall be followed in cases where the arrest and prosecution of the parent
shall not be effective.