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)
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Manager's Comments; en,((�,yyh{Q
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City Manager
Associated Information: Ordinance, tv�mt erd;nO.Of sk*6
Finance. Director
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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of the City of Bangor, as presently in force, is hereby repealed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
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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