The URL can be used to link to this page

Home My WebLink About2000-02-14 00-107 ORDINANCEItem Na 00,107 Date: 2-141 -00 Item/Subject: ORDINANCE, Enacting Chapter 158, Juvenile Curfew. Responsible Department: On January 1, 2000, the Curfew Ordinance was repealed by operation of its sunset provision. This Amendment reenacts the Ordinance. The only difference between this Ordinance and the prior one is that this Ordinance's sunset provision is three years long; thus, this Ordinance Is valid until December 31, 2002. This item was reviewed and approved by the Municipal Operations Committee at its February 8, 2008 meeting. Department Head Manager's Comments: &„&R y City Manager ARRclatetl IMOrmatun:Q�,ne,�.� Finance Director introduced for Passage First Reading Page _ of Referral 00-107 Asslgoed to CowcilOr 6lMloo February 16, 2000 CITY OF BANGOR (r1TLE.) Ordinance, Amending Chapter 158, Juvenile Curfew Be ttmdataeCM'the LAyofS&W,, atfo� that Chapter 158, Juvenile Curfew be enacted as follows: CHAPTER 158, JUVENILE CURFEW § 158-1. Legislative findings. A. In recent years, the City of Bangor has experienced large and growing seasonal influxes of unaccompanied 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 an increase in assaults, disturbances of the peace, incidents of disorderly conduct and other crimes and violations committed by minors. A large pementage 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 hes increased. D. Unaccompanied minors, and especially those under the age of 17, 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 mime. E. A curfew ordinance for persons under the age of 17 is necessary for the protection of the general public, to reduce the incidence of crimes, violations and victimization of minors and to promote public health, safety and welfare. § 158.2. Definhlons. As used In this chapter, the following terms shall have the meanings indicated: CURFEW HOURS — 11:00 p.m. on any Sunday, Monday, Tuesday, 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—An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a Bre, a natural disaster, an automobile accident or any situation requiring immediate action to prevent serious bodily injury or loss of life. ESTABLISHMENT -- Any privately owned place of business operated far a profit to which the public is invited, including but not limited to any place of amusement or entertainment. GUARDIAN: A. A person who, under court order, is the guardian of the person of a minor or a public or private agency with which a minor has been placed by a court. B. A person or public or private agency that harbors or provides shelter to an unaccompanied minor. MINOR —Any person under 17 years of age. OPERATOR — 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 corpomlion. PARENT— A person who is: A. A natural parent, adoptive parent or stepparent of another person; or B. Al least 18 years of age and authorized by a parent or guardian to have the cam and custody of a minor. PUBLIC PLACE -- Any place to which the public has access, and includes but Is not limited to streets, highways and the common areas of sciools, hospitals, apartment houses, office buildings, transport facilities and shops. REMAIN — To linger or stay or fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the promises. SERIOUS BODILY INJURY — 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. UNACCOMPANIED MINOR— 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. § 158-3. Offenses. A. A minor commits an oBense 9 he or she remains in any public place or on the premises of any establishment within the city during curfew hours. 00-107 B. 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 on during curfew hours. C. 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. § 1584. Defenses. A. It is a defense to prosecution under § 158-3 Mat the minor was: (1) Accompanied by the minors parent or guardian; (2) On an enand at the direction of the minors.perent or guardian, without any detour or stop; (3) In a motor vehicle involved in interstate travel; (4) Engaged in an employment activity, or going to or retuming home from an employment activity, without any detour or stop; (5) Involved in an emergency; (6) On the sidewalk abutting the minors residence or abutting the residence of a nett -door neighbor if the neighbor did not complain to the Police Department about the minors presence; (7) Attending an official school, religious or 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 or 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; (8) 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 (9) Legally emancipated by court order at the time of the violation. B. It is a defense to prosecution under § 15"C that the owner, operator or employee of an establishment promptly notified the Bangor Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. r. 3 00-107 § 158-5. Enforcement. A. Any City of Bangor police officer receiving a complaint or observing an apparent violation of this chapter shall have authority to investigate and issue appropriate summonses. An officers investigation may include temporary detention of an apparent violator pursuant d and in accordance with 17-A M.R.S.A. § 17 for the purpose of ascertaining and verifying the identity, age and current residence address of the person being Investigated. B. Before taking any enforcement action under this chapter, a police officer shall ask the apparent offenders age and reason for being in the public place. The officer shall not issue a citation or issue a summons under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 1584 is present. C. Police officers irwestigating a complaint or an apparent violation of this chapter are authorized to contact the parent or guardian of any minor under investigation for the purpose of verifying the minors identity, age and current residence address and for the purpose of returning the minorto the custody of such parent or guardian. § 158-8. Violations and penalties. A person who violates a provision of this chapter 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 8500. § 158-7. When effective; annual review, sunset provision. This chapter shall take effect 10 days following final passage by the Bangor City Council. It shall remain in effect thereafter until December 31, 2002. On or before December 31, 2002, the City Council shall review and determine whether the conditions that caused this chapter to be adopted persist so as to require extension or amendment of the chapter. Unless extended by the City Council, this chapter shall be deemed repealed as of January 1, 2003. Such repeal shall not affect prosecutions of any violations of this chapter occurring prior to the repeal data. IF CRP COUNCIL February 16, 2000 First Reading �aI IN CITY COOeCII. February 28, 2000 series for Passage Made avd Secauded voce: 9 yes Councilors voting yes: Aube, Baldacci, Blanchette, CCOR1ey, Persian, Palmer, Reiman, Tremble a vardamis Tlde, Amending Cbaeter 158. Soveuile curfew (First N ading) 1^�.YS �,Assignetl b %I' ' Councilor i