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HomeMy WebLinkAbout1996-09-25 96-384 ORDINANCECOUNCIL ACTION Item Nc96-384 Date September 9 1996 Item/Subjectz Amending Juvenile Cunfisw Ordinance - Chapter VII, Article 5, Section 1 - Laws and Ordinances of the City of Bangor Responsible -Department: Legal Commentary: The Bangor Police Department has asked the City Solicitor's office to draft & revised juvenile curfew ordinance to address any legal problems with enforcement of the present ordinance, and to address a growing problem with teen violence, disturbances of the peace, and after-hours activity by juveniles in the downtown area. For purposes of discussion, a revised ordinance is attached. A copy of the current ordinance is also attached. Please note the major changes between the current ordinance and the attached draft, as follows: (continued on next sheet) -(lizA4k,,,aunead int eu Q w o AS s e g 0.uNA� wk Y < AaLd VV Manager's Comments; en,((�,yyh{Q ,ja,wttafrvt Ujj# QxU po Medd Y*aa City Manager Associated Information: Ordinance, tv�mt erd;nO.Of sk*6 Finance. Director — city—S-01-1c1—to--w—passage First Reading Referral V4 (ryzpa,O COi:. m: Page of 96-384 Aeaipmd to Coancitor Blanchette September 25, 1996 m CITY OF BANGOR /p Amending Juvenile CurfewOrd nance Chapter (TITLL) 4tl1'YttT M14 _.. __-- Article 5, Section 1 of the Laws and Ordinances of the City of Bed ordaiwd 4F tJw C:eF Carni( of W CiN olBaupar, as /dbma: WHEREAS, the City of Bangor's juvenile curfew ordinance (Chapter VII, Article 5, Section 1 of the laws and Ordinances of the City of Bangor) was last amended on June 13, 1966, and has not been actively enforced in many years; and WHEREAS, court decisions in other jurisdictions since 1966 have Bated questions as to the constitutional validity of certain provisions of the present ordinance; and WHEREAS, the City Council of the City of Bangor hereby finds that an enforceable juvenile curfew ordinance of limited scope is necessary to address recent increases in juvenile violence and disturbances of the peace by juveniles in the City's downtown area, as well as to protect juveniles from harm; - NOW, THEREFORE, be it ordained by the City Council of the City Of Bangor, as follower THAT Chapter Vll,. Article 5, Section I of the Labs and Ordinances - of the City of Bangor, as presently in force, is hereby repealed and replaced in its entirety by the revised Chapter VII, Article 5, Section 1 attached hereto. 96-384 -2- (1) The proposed ordinance contains a new section setting out legislative findings in support of its adoption by the City Council. (2) The proposed ordinance is more limited in its geographic application than the present ordinance, and applies only to streets, parks, and other public places in the City's downtown area, as defined in the ordinance. (3) As it applies to juveniles under age 14,1 the proposed ordinance would no longer prohibit mere presence on the public streets, parks or other public places after curfew, but instead would prohibit juveniles from loitering in such places during curfew hours.. This is a more limited prohibition than i6 contained in the present ordinance. Although courts have split over the standard of review to be applied to juvenile curfew ordinances, those courts applying the highest standard of review, strict scrutiny, generally have overturned as overbroad those curfew ordinances that prohibit mere presence. (4) Curfew hours have been made more realistic, particularly as they apply to older juveniles. (5) New sections have been added detailing police enforcement procedures. These sections are based on applicable state statutes, and include provisions for interim care of juveniles at risk in accordance with 15 MRSA g 3501 et sec. (6) The proposed ordinance contains a provision for annual review by the City Council, with a sunset clause if the ordinance's effective dates are not "tended on an annual basis. The proposed annual sunset date is on or before September 30th, which will allow the City Council, in each year, to review the City's experience with juvenile activity during theimmediately preceding Sumner months. The proposed ordinancehas been prepared as a draft for discussion purposes, and should be fully reviewed by the Council as to each of its 'provisions and ovet,11 necessity prior to final. adoption. 96-384 CHAPTER VII ARTICLE - INJURIOUS PRACTICES Section 1. Juvenile Curfew 1.1 Legislative Find The City Council of the City of Bangor hereby finds as follows: (a) During the calendar year ending August 31, 1996, the City of Bangor hasexperienced an increase in assaults, disturbances of the peace, incidents of disorderly conduct, and other crimes and violations committed by juveniles in the City's downtown area. A large percentage of these crimes and violations have been committed by unaccompanied juveniles during late night and early morning hours. (b)_ During the same period, reported incidents of victimization of juveniles in the downtown area by other juveniles and adultshave also increased. (c) Unaccompaniedjuveniles, and especially those under the age of fourteen, are particularly ssceptible 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. (d) A juvenile curfew ordinance for persons under the age of 18 is necessary for the protection of the general public; to reduce the incidence of juvenile crimes, violations, and victimization of juveniles; and to promote public health, safety and welfare. 1.2 Definitions (a) -Juvenile- means any natural personwho has not yet attained his or her eighteenth birthday. For purposes of this ordinance, the term -juvenile" does not include individuals under the age of eighteen who have been legally emancipated by a courtof competent jurisdiction. (b) "Downtown a all areas within the City of Bangor lying between the Penobscot River and a line described as follows: Starting at the point where the veterans'Remembrance Bridge crosses the Penobscot River, to Interstate 395; Interstate 395 to Rain Street; Main Street to Dutton Street; Dutton to its terminus at the entrance to the City Auditorium and Bass Park; following the northwesterly boundary of Paul Banyan Park to Buck Street; Buck to Main Street; Main to Walter Street; Walter to 'Miller Street; Hellier to Parker Street; Parker to Second Street; Second 96-384 to Union Street; Union to Hudson Street; Huddoh to Ohio Street; Ohio to Boynton Street; Boynton to Court Street; Court Street to Allen Court; Allen Court to its terminus at the Eenduskeag Stream Park, thence crossing the Park and kenduskeag Stream to Harlow Court; Harlow Court to Harlow Street; Harlow Street to Curve Street; Curve to Market Street; Market to Cumberland Street; Cumberland to Broadway; Broadway to Somerset Street; Somerset to Essex Street; Essex to Hancock Street; Hancock to Washington Street; Washington to the new Penobscot Bridge. For purposes of this Ordinance, •downtown area- includes both rifles of the bridges and streets named above, including sidewalks and esplanades, along those segments described as part of the downtown area boundary. (c) "Public street, avenue, alley, way or park- means all streets, avenues, alleys, ways and parka dedicated and accepted as such by the City of Bangor, or otherwise established by official acts of the Bangor City Council. -Streets, avenues, alleys and ways" include all bridges, squares, sidewalks, esplanades, median strips, and traffic islands located within the public rights-of-way, as well as the portion Of such streets, avenues, alleys and ways regularly used by motor vehicle traffic. (d) 'Other public place^ means any area to which the general public or any substantial segment thereof has a regular right of access, by consent, invitation, or acquiescence of the public or private owner thereof. The term "other public place - includes without limitation, approved private streets; public and private parking lots; public and private parking structures including the City's Columbia Street parking deck and Pickering Square Parking Garage; the City docks; and .any unposted vacant lot or unoccupied public or private building. The term "other public place- does not include buildings, other than parking structures, that are regularly occupied, and for which a certificate of occupancy has been issued by the City's Code Enforcement Office. (e) "Loiter" means to assemble, congregate or remain at a place without a reasonable necessity for so doing. Use of the City streets, avenues, alleys or ways, or other public areas for transportation Purposes to or from a definite location, including pedestrian transportation, does not constitute loitering. Use of such areas in the course of performing a job or occupation, or when forced to do so by emergency circumstances, ee. _ fire, does not constitute loitering. For purposes of this ordinance, the term •loiter- does not include presence on either aide of a public street, avenue, alley or way or in any other public place immediately adjacent to a juvenile's current residence or place of employment. (f) "Accompany and "accompanied by" mean to be physically present at the same location. 96-384 (g) "Parent or legal guardian', with respect to A juvenile, means a person over the age of eighteen, or a legally emancipated minor, who in either case is the natural or adoptive parent or who has legal custody of the juvenile concerned. (h) -Hours" as referred to in .this ordinance mean Eastern Standard Time or eastern Daylight Savings Time, whichever is in force on the date concerned. (f) 'Valid identification' means photographic identification stating the individual's legal name, date of birth, and current residence address, e.o. a current State of Maine driver's license. For purposes of this ordinance, identification is not valid unless a police officer making reasonable efforts is able to verify its contents as provided in Title 17-A MRSA 5 17(2). (j) "At risk", in reference to a juvenile, has the same meaning as set out in Title 15 MRSA S 3501(1)(A) and (B). 1.3 Prohibitions (a) It shall be unlawful for any juvenile under the age of fourteen years to loiter on or about any public street, avenue, alley, way or park, or other public place, in the downtown area of the City of Bangor, between the hours of 10:00 p.m. and 5:00 a of the following day, unless accompanied by his or her parent or legal guardian. (b) It shall be unlawful for any juvenile age fourteen or older to leiter on or about any public street,, avenue, alley, way or park, or ether public place, in the downtown area of the City of Bangor, between the hours of 11:30 p.m. and 5:Oo a.m. of the following day, unless accompanied by his or her parent or legal guardian. (c) No parent or legal guardian having custody of a juvenile shall allow or permit ouch juvenile to loiter on or about any public street, avenue, alley, way, or park, or other public place, in the downtown area of the City of Bangor, within the hours prohibited by this ordinance, unless the juvenile is accompanied by the juvenile's parent or legal guardian. (d) No owner, manager, or other person having charge of any establishment licensed for on -premises consumption of alcohol under Title 28-A MRSA Chapter 41 shall allow or permit any juvenile to be or remain in or upon the licensed premises within the hours prohibited by this ordinance, unless the juvenile is accompanied by his or her parent or guardian. This prohibition shall apply to all establishments licensed for on -premises consumption of alcohol under Title 28-A MRSA Chapter 41, regardless of location within the City of Bangor. (e) The specification of curfew hours in this ordinance shall not be deemed to authorise loitering in City parks at other times when the park concerned or portions thereof have been closed by ordinance, posting, or other proper authority. 96-384 1.4 $n£orcement Procedure (a) 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 37, for the purpose of ascertaining and verifying the identity, age and current residence address of the person being investigated. Police officersinvestigating a complaint or an apparent violation of this ordinance are authorised to contact the parent or legal guardian of any juvenile under investigation, for the purpose of verifying the juvenile's identity, age and current residence address. (b) If an officer's investigation concerns a juvenile under the age of fourteen and the officer determines that the juvenile concerned is loitering in violation of this ordinance, the officer shall make reasonable efforts to contact the juvenile's parent or legal guardian. Upon making such contact, the officer shall request the parent or legal guardian to come to the officer's location for the purpose of taking charge of the juvenile concerned. If the juvenile fails to produce valid identification or other reasonably credible evidence of the juvenile's name, age and current residence address, or the officer is unable to contact the juvenile's parent or legal guardian after reasonable efforts, or if, after contact, the juvenile's parent or legal guardian fails to arrive at the officer's location within twenty (20) minutes, the officer may treat the juvenile as being at risk and may take the juvenile into interim care as provided,in Title 15 MRSA S 3501 et Sept. (c) With respect to juveniles age fourteen or older, if the officer determines that the juvenile concerned is loitering in violation of this ordinance, and additionally has reasonable grounds to believe that the juvenile concerned is at risk, the officer may contact the juvenile's parent or legal guardian as provided in section 1.3(b) above. In such cases if the juvenile fails to produce valid identification or other reasonably credible evidence of the juvenile's name, age and current residence address, or the officer is unable to contact the juvenile's parent or legal guardian after reasonable efforts, or if, after contact, the juvenile's parent or legal guardian fails to arrive at the officer's location within twenty (20) minutes, the officer may treat the juvenile as being at risk and may take the juvenile into interim care as provided in Title 15 MRSA S 3501 at sec. (d) In all cases where the investigating officer i unable, after reasonable efforts, to independently verify the age of a person beinginvestigated, the officer's best judgment as to that person's age shall control until such time as that person's age is.verified. ' 96-384 (e) When the investigating officer determines that a violation of this ordinance has occurred, the officer shall issue a summons to the juvenile concerned; to that juvenile's parent o legal guardian; or to both. The investigating officer shall summon the owner, manager, or other person having charge of a licensed establishment for any violations of section 1.3(d). Inability of the officer, after reasonable efforts, to contact the juvenile's parent or legal guardian as provided in section 1.4(a), (b) or (c) shall constitute probable cause for issuing a summons to that parent or legal guardian for violating section 1.3(c). 1.5 Penalties Each violation of this ordinance, upon c nviction, shall constitute a civil violation for which a fine not exceeding $100.00 may be imposed. each subsequent conviction of the same defendant for violations occurring within one year of the date of any previous violation shall be subject to a fine not exceeding $500.00. All violations of this ordinance by the same defendant within a twenty -faux hour period shall constitute a single violation for the purpose of imposing an appropriate fine. 1.6 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 September 30, 1997. On or before September 30, 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 October 1, 1997. Such repeal shall not affect prosecutions of any violations of the ordinance occurring prior to the repeal date. IN GIN WIWCIL Sept. 25,1996 First Reading Referred to pla icipal operatiIDl6 Ccurittee CI Y CLFRK IN CITY COUNCIL June 9, 1997 Indefinitely Postponed CITYI CLERR e 96-384 ONDINANCE TITLE,) Amending Juvenile Curfew Ordinance - Chapter VII, Article 5, Section I of the Laws and Ordinances Of the Citv Of w f A t2 Uyy I " P28 6 hb 1! �� Et L6 r"�I'J .771F77 4' L 2 4 L 2 L02t"'z ry P6 CEN EF Pte P] y Yr -.E i �� �Ee L 11 B`.+U4fe'r 84 E61 L30 119 'L1544 c�'HE LJ]. nem. 8E 4 L13:: }2P T L22 b34 "� P24 L21 o ry L36 e -o B 13 f21rx 84 C3L20 a '. e ry - `P32 p� •e ry i 9 Srvi TCt ' Y L35 3V P31 E185 new : SO ME4_E P17 L14�r 0 169 P9.L1 fP23 }30iry v 612 MEon E11 L20 rva P14 3 L7/ 4P19 Cgry P9 - v za Eels ry a o S6 EIB .. s° tF, 2 L4,4SP-P P26z 5 P + , „ BREWER rv�9 55 6gsS £� s�o Downtown PARK o Business BS C°c District P2 and waterfront vnc BeCa9I.scsFeIT'� f� Ske+[fin �p�ro�/OSp ��q/� 96-384 96-384 Ch. VII; Art. 5 Sec. 1; sec. 4 CHAPTER VII ARTICLE 5 - INJURIOUS PRACTICES 'Sec. 1 Curfew. 1.1 it shall be unlawful for any Person under the age of 14 years to be on or present in any public street, avenue, alley, park o other public place in the City of Bangor between the hours of 9:30 P.M. and 5:00 o'clock A.N. of the following day, official city t unless accompanied by his r her parent or guardian, or person having lawful time, and control of his or person, orunless there exists a reasonable necessity therefor. The fact that said child, unaccompanied by parent, guardian, . oother person having legal custody, is found upon any street, alley or Public place after 9:30 P.M. or before 5:00 o'clock A.M. of the following day, shall be prime facie evidence that said child is there unlawfully and that no reasonable excuse exists thereto[. 1.3 It shall be unlawful for any person Under the age of 18 years and over the age of 14 years to loiter, leaf or idle on or about any Public street, avenue, ey all, park o other Public place in the City of Bangor between the hours of 9:30 P.M. and 5:00 o'clock A.M. of the following day, official city time. 1.3 Unless a reasonable necessity exists therefor, no parent, guardian, o other person having the legal custody of any minor under eighteen years of age shall allow or ,Permit such minor to be or remain upon any street, alley, or lane iin any public plats restaurant o saloon, in this City, shall any restaurant or saloon -keeper orI, in charge therefor for the time being allow or permit such minor to be or remain m o[ upon his premises within the hours probibited in the preceding section. 1.4 Sale of Cartridge to Children under Sixteen. No person shall sell to any child under the age of sixteen years, without the written consent of a parent or guardian of such child, any cartridge of fixed ammunition or blank cartridge, or any gun, pistol or other mechanical contrivance arranged for the explosion of such cartridge. Sec. 3 Placing of Sags and Lumber in Public Areas Restricted. No person shall place, or cause to be placed or laid in any highway, street, lane or public square in said City of Banger, within one Mile of Nenduskeag Bridge, any logs, lumber or other things, which shall encumber or restrict the u of said highway, street, lane or public square. Provided, bowever, that whenever any person shall have suitable r proper plat his dwelling house, store, shop a office, i s which wood for immediate use, s fuelnea n be sawed or prepared, such person my deposit the s upon the side of the street, laner Public square,not to obstruct the traveledpeth o sidewalk, a time sufficient to have the'same sawad and prepared, not exceeding twelve hours, without permission of the Chief of Police. Sec. 3 Blasting Regulation. No person shall bloat any rock or other substance, at any place within twenty rods of any Public square, highway, or inhabited duelling in IS City, without a license from the City Manager in writing, ¢pecifyin the terse and conditions an which said license is granted, provided that the rem oP any person injured by the blasting of rocks, shall not be affected by this section; n shall it be considered as applying to departments of the City in the discharge of Nei[ official duties. "Sec. 4 eambllM Prohibited. Repealed C. ^pNed June 1966 "RaRepes led September er 8, 1986 - L 0. e6-346