[HISTORY: Adopted by the Council of Latrobe 7-13-1981 by Ord. No. 1981-2 as Ch. VI, Part 2, of the 1981 Code. Amendments noted where applicable.]
It shall be unlawful for any person under the age of 18 years to be or remain in or upon any of the streets, alleys, parks or public places in Latrobe between the hours of 9:00 p.m. and 6:00 a.m., appropriate time, unless such person is accompanied by a parent, guardian or other person over the age of 18 years having custody of such person or by a person over the age of 18 years designated by such parent, guardian or other person having custody to accompany such person under the designated age upon any such occasion. The Mayor of Latrobe be and he is hereby empowered and authorized to suspend the curfew hereby established and to reinstate the curfew if he deems necessary to protect the health, safety and welfare of the residents of Latrobe. In the exercise of this discretionary power, the Mayor shall suspend and reinstate the curfew by proclamation issued over his signature and delivered to the Chief of Police, published in a newspaper of general circulation within Latrobe at least 24 hours prior to the effective time of the suspension or reinstatement of the curfew.
No parent, guardian or other person having the legal care or custody of any person under the ages designated in § 188-1 shall allow or permit such minor person, while in such legal custody, to go or be in or upon any of the streets, alleys, parks or public places in Latrobe between the hours stated in § 188-1 except as therein provided.
Any person under the age designated in § 188-1 found upon any of the streets, alleys, parks or public places within Latrobe in violation of § 188-1 shall be taken into custody by any member of the Latrobe police and delivered to his or her parents, guardian or person having the legal custody thereof, and report thereof shall be made forthwith to the Mayor, who shall make a record thereof in a book to be kept for that purpose. If such parent, guardian or other legal custodian of such person shall again allow him or her to be in or upon any of said streets, alleys, parks or public places in violation of § 188-1, such parent, guardian or other legal custodian of such person shall, upon conviction thereof before any District Justice, be sentenced to pay a fine of not more than $600 and costs of prosecution and, in default of payment of such fine and costs, shall be subject to such additional penalties as a District Justice of appropriate jurisdiction may levy.
Any person under the designated age in § 188-1 who shall violate this chapter more than three times shall be reported to a society or organization whose purpose it is to take charge of incorrigibles and delinquents, and proceedings shall then be taken in the Court of Common Pleas for the permanent welfare of such person, and a like procedure shall be taken where the arrest of the parent, guardian or legal custodian shall not be effective or where for any other reason the provisions of § 188-1 cannot be made effective by the fines and penalties imposed hereunder.
The police officers of Latrobe in taking persons 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.