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HomeMy WebLinkAbout1997-06-09 97-260 ORDINANCECOUNCIL ACTION Item No. 97-260 Date June 10, 1997 Item/Subject: Amending Chapter VII, Article 5 of the Laws and Ordinances of the City of Bangor -- Juvenile Curfew Ordinance Responsible Department: Legal This ordinance would repeal and replace Bangor's existing juvenile Curfew. ordinance (Chapter VII, Article 5, Section 1, Bangor City Ordinances) with a revised and updated ordinance based closely on the Juvenile Curfew Ordinance currently in effect in Dallas, Texas. A public hearing on the attached proposed ordinance has been scheduled for Tuesday, June 17, 1997 at 5:00 p.m. ',q�II Department • 1� Manager's Comments Associated Information: QAAW;*u Finance Director Clty So11C ltOi Introduced For N�M�Gtl3FNEE5 Passage First Reading ar Referral 40 mu*LOfo Page 1 of 6 97-360 (As AmeMed) SMSM= = "tract to coanenor Soucy CITY OF BANGOR (TITLE.) mrbbhmmly. Amevding chapter vu, Article s see. I of We Laws and Ordinances ofthe City ofBangor-Juvenile Curfew Ordluence & B ordaiwd by Nr City CouxB of W Cty ofBanwr, ae/ailowc.. THAT Chapter VII, Article 5, Sec. 1, of the Laws and Ordinances of the City of _. Bragor, as presently in force, is hereby repealed and replaced in its entirety by the revised Chapter VII, Article 5, Sec. 1, attached hereto. 9]-360 Awpredto Camsufior Soucy June 9, 1997 CITY OF BANGOR (TITLE.) MrbhMneey Inaing Chapter V11, Article 5 of the Laws and ordinances of the City of Bangor -- Juvenile Curfew Ordinance sea wda 6y W Cs Cmwa of a aty nfBunw. as fe v; THAT Chapter VII, Article 5 of the Laws and Ordinances of the City of Bangor, as presently in force, is hereby repealed and replaced in its entirety by the revised Chapter VII, Article 5, attached hereto. IN CITY COUNCIL June 9, 1997 First Reading Referred to Municipal Operations Committee LER IN CITYCLE'% June 23, 1997 Joshua ;ass, 615 Pearl Street, expressed the opinion that this ordinance is not the e to juvenile problems in Bangor. Motion to Amend by Substitution Passed Passed As Amended by Substitution Vote: byes, 2 n I absent Councilors voting yes. Aube. Baldacci, Blanchette, Soucy, Tyler 6 Woodcock Councilors voting no: Farnham 6 Sullivan Councilor absent: Leen 97-260 ORDINANCE ( TITLE,) amending Chapter VI1. Article 5 of the Laws and Ordinances of the City of Bangor - Juvenile Curfew Ordinance 9]-260 CHAPTER VII ARTICLE 5 - INJURIOUS PRACTICES Curfew Hours for Minors. 1.1 Legislative eindinas. (a) In recent years, the City of Bangor has experienced large and growing seasonal influxes of accompanied minors from other communities, due in large part to the presence in Bangor of public and private agencies that provide shelter facilities and other supportive services for such minors; (b) During the calendar year ending December 31, 1996, the City of Bangor experienced a assaults, disturbances of the peace, Incidents of in of disorderly conduct, and other crimes and violations "committed by minors. A large percentage of these crimes and violations have been committed by unaccompanied minors during late night and early morning hours; (c) During the same period, reported incidents of victimization of minors by other minors and by adults has increased; (d) Unaccompanied minors, and especially those Under the age of seventeen, are particularly susceptible by reason of their lack of maturity and experience to participate in personally harmful and unlawful activities, and to be victims of older perpetrators of crime; and (e) A curfew ordinance for persons under the age of seventeen is necessary for the protection of the general public; to reduce the incidence of crimes, violations, and victimisation of minors, and to promote public health, safety and welfare. 1.2 Definitions, In this section: (1) "Curfew hours" means: (A) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day; and (3) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday. 97-260 -2- (2) "Emergency" means an unforeseen combination of circumstances or the resulting state that calls for mediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life. (3) "Establishment" means any privately -owned place of business operated for a profit to which the public is invited, including but not limited to, any place of amusement or entertainment. (6) "Guardian" means: (A) a person who, under court order, is the guardian of the person of a minor; or (B) a public or private agency with whom a minor has been placed by a court. (C) a person or public or private agency that harbors or provides shelter to an unaccompanied minor. (5) "Minor" means any person under 17 years of age. (6) "Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers Of a corporation. (7) "Parent" means a person who is. (A) a natural parent, adoptive parent, or stepparent of another person; or (B) at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor. (8) "Public place" means any place to which the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops. (9) "Remain" means to: (A) linger or Stay; or (3) fail to leave premises when requested to do o by a police officer or the owner, operator, or other person in control of the premises. 97-260 -3- (10) "Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. (11) "Unaccompanied minor" means any person under 17 years of age who is not in the presence, or under the direct supervision, of that person's parent or court-appointed guardian. 1.3 Offend (1) A minor commits anoffense if he o e she remains n any public place or on the premises of any establishment within the City during curfew hours. (2) A parent Or guardian of a minor commits an offense if he or she knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours. (3) The owner, operator, or any employee of an establishment commits an offense if he or she knowingly allows a minor to remain upon the premises of the establishment during curfew hours. 1.4 Defenses. (1) It is a defense to prosecution under subsection 1.3 that the minor was: (A) accompanied by the minor's parent or guardian; (B) on an errand at the direction of the minor's parent or guardian, without any detour or stop; (C) in a motor vehicle involved in Interstate travel; (D) engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop; (E) involved in an emergency; (P) on the sidewalk abutting the minor's residence or abutting the residence of anext-door neighbor if the neighbor did not complain to the Police Department about the minor's presence; 9]-260 -4- (G) attending an official school, religious, o other recreational activity supervised by adults and sponsored by the City of Bangor, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, orother recreational activity supervised by adults and sponsored by the City of Bangor, a civic organization, or another similar entity that takes responsibility for the minor; (B) engaging in organized activities for the purpose of exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly, or similar rights under the Maine Constitution; or (1) legally emancipated by court order at the time of the violation. (2) It is a defense to prosecution under subsection 1.3(3) that the owner, operator, or employee of an establishment promptly notified .the Bangor Police Department that a m was present on the premises of the establishment during curfew hours and refused to leave. 1.5 Enforcement. (1) Any City of Bangor police officer receiving a complaint or observing an apparent violation of this ordinance shall have authority to investigate and issue appropriate summonses. An officer's investigation may include temporary detention of an apparent violator pursuant to and in accordance with Title 17-A MRSA S 17, for the purpose of acertaining and verifying the identity, age and current address of the person being investigated. (2) Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or issue a summons under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection 1.9 is present. 97-260 -5- (3) Police officers investigating a complaint or an apparent violation of this ordinance are authorized to contact the parent or guardian of any minor under investigation, for the purpose of verifying the minor's identity, age and current residence address, and for the purpose of returning the minor to the custody of such parent or guardian. 1.6 Penalties. A person who violates a provision of this ordinance is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500. 1.9 Effective Date- Annual Review, Sunset Provision. This ordinance shall take effect ten (10) days following final passage by the Bangor City Council. It shall remain in effect thereafter until December 31, 1997. On or before December 31, 1997, and annually thereafter, the City Council shall review and determine whether the conditions that caused this ordinance to be adopted persist so as to require extension or amendment of the ordinance. Unless extended by the City Council, this ordinance shall be deemed repealed as of January 1, 1998. Such repeal shall not affect prosecutions of any violations of this ordinance occurring prior to the repeal date. 1.8 Severability. A finding by any court that provisions of this ordinance are unenforceable or void shall not operate as a bar to enforcement of the remaining provisions of this ordinance.