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Part 52
52.000 CURFEW FOR MINORS* Ord. No. 34 Adopted: August 11, 1978
---------- *Cross reference(s)--Recreational facilities, Pt. 10. ----------
An ordinance regulating the presence and conduct of minors
on streets and other public places; defining duties of parents or
others in care of minors; providing for detention and penalties
thereof.
WHEREAS, juvenile delinquency has increased in the City of
Reading, and
WHEREAS, there has been an increase of abuse and damage to
parks, playgrounds and other property of the City of Reading, and
WHEREAS, there is need for governing the conduct of minors
in the City for the purpose of alleviating the problem of
juvenile delinquency, and
WHEREAS, it is in the public interest to reduce noises and
disturbances at late hours, and to prevent the reckless and noisy
operation of motor vehicles at late hours within the City of
Reading,
NOW, THEREFORE, THE CITY OF READING ORDAINS:
52.001 Short title.
Sec. 1. This ordinance shall be known and may be cited as
the "Ordinance Regulating The Presence and Conduct of Minors On
Streets And Public Places."
52.002 Definitions.
Sec. 2. For the purposes of this ordinance, the following
terms, phrases, words, and their derivations shall have the
meaning given herein. When not inconsistent with the context,
words used in the present tense include the future, words in the
plural number include the singular number, and words in the
singular number the plural number. The word "shall" is always
mandatory and not merely directory.
(a) City is the City of Reading.
(b) Minor is any person under the age of seventeen (17).
(c) Parent is the natural or adoptive parent of a minor.
(d) Guardian is any person other than a parent, who has
legal guardianship of a minor.
(e) Custodian is any person over the age of twenty-one (21)
who is in loco parentis to a juvenile.
(f) Public Place shall mean any street, alley, highway,
sidewalk, park, playground or place to which the
general public has access and a right to resort for
business, entertainment, or other lawful purpose. A
public place shall include but not be limited to any
store, shop, restaurant, tavern, bowling alley, cafe,
theater, drug store, pool room, shopping center and any
other place devoted to amusement or entertainment of
the general public. It shall also include the front or
immediate area of the above.
52.003 Curfew for minors.
Sec. 3. It shall be unlawful for any minor to remain, idle,
wander, stroll or play in any public place either on foot or to
cruise about without a set destination in any vehicle in, about
or upon any place in the City between the hours of 10:00 p.m. and
6:00 a.m., Sunday through Thursday and between the hours of 12:00
p.m. and 6:00 a.m. Friday through Saturday unless accompanied by
a parent, guardian, custodian or other adult person having
custody or control of such minor or unless the minor is on an
emergency errand or specific business or activity directed or
permitted by his parent, guardian or other adult person having
the care and custody of the minor or where the presence of such
minor is connected with or required by some legitimate
employment, trade, profession or occupation.
52.004 Responsibility of owners of public places.
Sec. 4. It shall be unlawful for any person, firm or
corporation operating or having charge of any public place to
knowingly permit or suffer the presence of minors under the age
of seventeen (17) between the hours of 12:00 p.m. and 6:00 a.m.
52.005 Parents' responsibility.
Sec. 5. It shall be unlawful for the parent, guardian or
other adult person having custody or control of any minor under
the age of seventeen (17) to suffer or permit or by inefficient
control to allow such person to be on the streets or sidewalks or
on or in any public property or public place within the City
between the hours of 12:00 p.m. and 6:00 a.m. However, the
provisions of this Section do not apply to a minor accompanied by
his parent, guardian, custodian or other adult person having the
care, custody or control of the minor, or if the minor is on an
emergency errand or specific business or activity directed by his
parent, guardian, custodian or other adult having the care and
custody of the minor or if the parent, guardian or other adult
person herein has made a missing person notification to the
Police Department.
52.006 Special functions.
Sec. 6. Any minor attending a special function or
entertainment of any church, school, club, or other organization
that requires such minor to be out at a later hour than that
called for in Section 3 shall be exempt from the provisions of
Section 3 of this ordinance provided the church, school, club or
other organization shall register in advance with the Chief of
Police or his designate to have the minors stay out to this later
hour. The registrant shall state the time the function or
entertainment shall end, and the minors who attend the function
shall be required to be in their homes or usual places of abode
within one-half hour after the function is ended.
52.007 Procedures.
Sec. 7.
(a) Any police officer upon finding a minor in [violation
of this ordinance shall obtain the name] and address of
such minor and warn the minor that he is in violation
of curfew and shall direct the minor to proceed at once
to his or her home or usual place of abode. The police
officer shall forthwith notify the parents, guardian or
person having custody or control of such minor.
(b) If such minor refuses to heed such warning or direction
by any police officer or refuses to give such police
officer his correct name and address, or if the minor
has been warned on a previous occasion that he or she
is in violation of curfew, he or she shall be taken to
the Police Department and the parent, guardian or other
adult person having the care and custody of such minor
shall be notified to come and take charge of the minor.
If the parent, guardian or other adult person above
cannot be located or fails to come and take charge of
the minor, the minor shall be released to the juvenile
authorities.
52.008 Penalties.
Sec. 8. Any minor violating the provisions of this ordinance
shall be dealt with in accordance with the Juvenile Court law and
procedure. Any parent, guardian, or other adult person having the
care and custody of a minor violating this ordinance shall, after
having been previously notified under Section 7 of this ordinance
be fined not more then One Hundred ($100) Dollars for each
offense.
Effective date. this ordinance shall become effective on September 10, 1978.
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