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HomeMy WebLinkAbout1998-10-26 98-423 ORDINANCECOUNCIL ACTION Date: October 26. 1990 Item No. 98-923 Item/Subject: TO AWND the Code of the City of Bangor, Chapter 158 Thereof, Entitled Juvenile Curfew, to Extend the Seem Date Responsible Department: Community & economic Development Commentary: Thin item would extend the suanet date of eangor•a Juvenile Curfew Code to December 31, 1999. The Juvenile Cerfew Code requires armual renewal to remain 1 effect beyond December 31, 1990. Dep; tment Nes Manager's Comments: Ce�A tIK �ptGAP[�a. / Q. City Manager Aeveeiste9 xnEetmetim QpQtryru,r IS-G Budget Approval: Finance Director Legal Apprevel: Y' 61ty So icor xntrodoual For 0 Passage X First Reading A Referral 40(t.& fiam Page—�_of I 98-423 Aedtead b CauncOor Farrdasn Or.: r 26, 1998 CITY OF BANGOR (TITLE.) 01*i m=4 TO AMEND roa code ofthe City ofposter, .Chapter 159 ................ Thereof, Entitled Juvenile Curfew, ro Extend the Stated Daft Brdordafrwdvt Civ Ob ofWCityo/Ba ,,as/dbror: Section 1. Section 158-7 of Chapter 158, Juvenile Curfew, of the Code of the City of Bangor, is hereby amended to extend the sunset date, to read W follows: § 158-7 Wheo effective; amount review; sunset provision. This chapter shell take effect 10 days following fired passage by the Bangor City Council. It shall remain in effect thereafter until December 31,+998 1433. On or before December 31, 19981344, and annually thereafter, the City Council shall review and determine whether dre conditions that caused this chapter to be adopted persist so as In require a nsion or amendment of the chapter. Unless extended by the City Council, this chapter shill be deemed repealed as of January 1,+99 291m. Such repeal shill not affect prosecutions of any violations of this chapter occurring prior to the repeal date. Section 2. Effective date. This ordinance sW: become effective December 31, 1998. IN CITY COUNCIL October 26, 1998 First Reading Referred to Community E Economic Development Committee C EE J IN CITY COUNCIL November 9, 1998 Motion for Passage Made and Seconded Vote: 8 yes, I absent Councilors voting yes: Aube, Baldaccly Balnchette, Crawley, Palmer, Robman, Tyler d Vardamis Councilor absent Farnham Passed = LESS 98-623 ORDINANCE ( TITLE,) To Raced the Code of the City of Bangor, Chapter 158, Thereof, Entitled Juve- nile Curfew. to Extend the Sunset Date Chapter 158 JUVENILE CURFEW $158-I. I.egisla dive findings. $15&5. Enforcement. $1582. Ilefivitions. §158b. Violations and pevaltks. ¢ 158-3. O[fisues. § 158]. Nhev effentive; amruel review, $1584. Defenses. summer pra dsion. IUMTORY: Adopted by the City Coancn of the City of Bangor as Ch. VU, An. 5, Sec 1; amended in its entirety 6-2MM by Ord. No. 97-260. Subsequent amendments noted Where applicable.] cenrau.vesenervc s s,dwea—s..ava $158-1. Legislative findings. A. In recent yeas, the City of Bangor has experienced lam and growing seasonal influxes of unaccompanied minors from other comm fries, due in Inge pare to the presence in Bangor Of public ad private agencies that provide shelter facilities ard other supportive services for such nunas. B. Durwg the calendar year ending December 31, 1996. rise City of Bangor experienced] en increase in assaults, disturbances of the peace, incidents of dimrderty conduct and ober entrees and violations combined by minors. A large percentage of these crimes and violations have been commived by mscconeem d minors doting late night end early mating hours. C. During Ne same period, retuned incidens of victimimtioa of nuns by other brooms and by aduls has increased. D. Unaccompanied minors, and especially Nose under the age of 17, are particularly susceptible by reason of then lack of nearly tall experience to participate in personally handful and unbawful azdvitiu and to be victims of older perpeavors of crime. E. A curfew announce for persons under the she of 17 is necessary for the psatessum of the general public, to reduce the incidence, of uimes, violations end victimization of minas ad to promote public health, safety and welfare. § 158.2. Definitions. As used in this chapter, the fallowing terms shall have the meanings indicated: § 1582 BANGOR CODE § 158-3 CURFEW HOURS— 11:00 p.m. many Sunday, Monday, Taesday, Wednesday or Thursday until 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. EMERGENCY- M unforeseen combination of circumstances or she resulting state k" calls for momentum action. The term includes, but is no limited to, a fire, aroom disaster, automobile accident or any moation requiring immediate whom to prevent serious bodily injury or loss of life. ESTABLISINIENT— Any privately owned place of business operated for a profit to which the public u invited, including but net limited to any place of amwernam or entrunniment. GUARDIAN: A. A person who, under court order, is the gusNian of the person of a minor or s public or private agency with which a minor has been placed by a court. B. A person or public or private agency Nat bakers or provides shelter to an unaccompanied minor. MBJOR—Any person under 17 years of W. OPERATOR — Any individual, firm, association, partnership or corporation operating, managing or ro matim any esublishmma The term includes the members or partners of an association or partnership and the officers of a cooperation. PARENT—Apumn who is: A. Ananualparentadopuveparentmrtepparentofmn upersm;or B. At leas 18 years of age and auffi i by a peen[ or guardian to bave rhe care and mstody of a min". PUBLIC PLACE— My place to which the public has access, and includes but is not limited to meets, highways and the common areas of schools, hospitals, apartment houses, office buildings, tramport facilities and shops. REMAIN—To linger or stay or fail to leave premises when requested to der so by a police officer or the owner, operator or other person in control of Ne premises. SERIOUS BODB.Y BJNRY— Bodily injury that creates a substantial risk of death or that causes deatM1, scrims permanent disillusionment or prouacted loss; "impairment of the function of any bodily member or organ. UNACCOMPANIED MANOR— My person under 17 years of age who is not on the presence or under the direct supervision of that person's parent or court-appointed guardian. § 1583. Wemses. A. A min" co ants an ofimse if he or she remains in any public place or on the premises of any establishment within she ary, Spring curfew hours. WiN § 158-3 ID 1911.E Ct16FEw § I5&5 B. A proem or guardian of a minor commits an offenu if be or she knowingly permits, or by insufficient comml allows, the mint in remain in any public plate or on the premises of any establishment within the city during curfew hours. C. The owner, emotion or any employee of an establishment Gorman an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew ham. § 158-0. Defenm. A. It is a defense to prosecution under § 158-3 that the banner was; (1) Accompniedbytheminoespeemorpu im; (2) On an emend at the direction of the minor's parent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in sot employment agivity, or going to or returning home from an employment activity, without any distant or stop; (5) Involved in an emergency; (6) On the sidewalk amusing the minor's residence or showing the reshlence of a next- door neighbor if the neighbor did not complain to the Police Department about the man's presence; (7) Atmafing an official school, religious or other recceatime activity supervised by adula and sponsored by the City of Burger, a civic organization or another similar rally that takes responsibility for the minor or going to or returning home from, without any detour or scop, at official school, religious or other cememionai activity supervised by wha is and sponsored by the City of Burger, a civic organization or another similes amity that takes responsibility for the minor; (8) Engaging in organized activities for the purpose of exercising First AmeMmevt rights protected by she United States Constitution, such es the free exercise of religion, freedom of speech sort the right of assembly, or similar rights hades the Maine Constitution; or (9) L gallyemmcipmrdbyc norderatthetimeofl vi Mon. M It is a defense to prevention under § 158-3C then the owner, operator or employee of an establishment promptly nollei the Bangm Police Department the a mirror was present ou the premises of the establishment during curfew hours and refused to leave. $158-5. Enforcemem. A. Any City of Bangor pollee officer receiving a complaint or observing an apparent violation of this chapter shall have authority to investigate and issue appmpriam summonses. An officer's investigation may include temporary desertion of an apparent violator pursuant to 15803 98-423 § 158-5 BANGOR CODE § 158-0 and in accordance with 17-A M.R.SA. § 17 for the purpose of ascertaining and verifying the identity, age and wrnm residence address of the person being investigated. B. Before raking arty enforcement action under this chapttr, a police officer shall ask the apparent offender's age add reason for being in the public place. The officer shall not Tuve a citation or issue a summons under this chapter unless the officer reasonably believes that av offwu hes «wired and Net, based w any response and other circumstances, no defense in § 1584 is present. C. police officers investigating a complain or an apparent violation of this chapter ate authorized m comics the parrot or guardian of any minor under investigation for the Imposes of verifying the minors idwnity, age mrd earned residence address and for the propose of remer ing the minor to the custody of such parent or guaniian. §15". Violations am pealties. A person who violate a provision of this chapter is guilty, of a separate Worse for each day or part of a day during which the violation is committed, continued or peraml. Each offense, upon conviction, u prousheble by afine nor to exceed $500. § 158-7. %" effeefive; aanua review; sunset provision. ]Amended 1-121998 by Ord. No. 9858] This chapter shall take effect 10 days following final passage by the Eager City Council. It shall contain in affair thereafter until December 31, 1998. On or bef December 31, 1998, and annually thernmer, the City Council shall seview and detemme whether the conditions that wus 1 this chapter to be adopted persist so as to requim extension or amwdmm[ of the claprer. Unless amil by the City Council, this chapter shall be deemed reprehend as of lanuay 1, 1999. Such repeal shell at effect prosecutions of any violations of this chaptu occurring prior w the repeal date.