[HISTORY: Adopted by the Board of Commissioners of the Township of Butler 11-1-1965 as Ch. VI of the 1965 Code. Amendments noted where applicable.]
It shall be unlawful for boys and girls under 18 years of age (such persons being defined for the purpose of this chapter as "children") to be or remain in or upon any of the streets, alleys, parks or public places in the Township of Butler at night, from the hour of 11:00 p.m. until the hour of 5:00 a.m. the next day, unless such child is accompanied by any parent, guardian or other person having the legal custody of such child, and after 11:00 p.m. each evening, all such children shall be required to be at home or out of the streets, alleys, parks and public places in the Township until the hour of 5:00 a.m., except as herein provided for.
It is hereby made unlawful for any parent, guardian, or the person having the legal care or custody of any of the children above designated, to allow or permit any such child, ward, or other person under such age, while in such legal custody, to go or be in and upon any of the streets, alleys, parks or public places in said Township after the time prohibited in § 149-1 of this chapter, except as herein provided.
[Amended 10-5-1998 by Ord. No. 765]
Any child as above designated found upon the Township streets, alleys, parks and public places in violation of § 149-1 of this chapter shall be taken into custody by the Township police, and his or her parents, guardian or other person having the legal custody of such child shall immediately be notified to call for them, and report thereof made immediately to the Township police desk clerk, who shall make a record thereof in a book to be kept for that purpose. If such parent, guardian or person having legal custody of said child shall again allow him or her to be on said streets, alleys, parks or public places in violation of § 149-1 of this chapter, said parent, guardian or person having the legal custody of said child so offending shall, upon conviction thereof before a District Justice, be sentenced to pay a fine of not more than $600 nor less than $100 and costs of prosecution, and, in default of payment of such fine and costs, to be imprisoned in the county jail for not more than 30 days, at the discretion of the District Justice, and a like fine or imprisonment shall be imposed upon any person aiding or abetting in the violation of the intent and purpose in violation of this chapter.
The police officers of the Township of Butler, in taking children into custody under this chapter, shall use their discretion in determining age, and in doubtful cases may require positive proof, and, unless such proof is furnished, the officers' judgment shall prevail.
[Added 10-5-1998 by Ord. No. 765]
Nothing in this chapter shall be construed as prohibiting children from traveling to or from legitimate employment or school functions.