[HISTORY: Adopted by the City Council of the City of Springfield 7-1-1995 (Title 8, Ch.
8.16, of the 1986 Code). Amendments noted where applicable.]
A.
The City Council of the City of Springfield has determined that there
has been an increase in juvenile violence, juvenile gang activity,
and crime by persons under the age of 18 in the City of Springfield.
B.
Persons under the age of 18 are particularity susceptible, by their
lack of maturity and experience, to participate in unlawful and gang-related
activities and to be victims of older perpetrators of crime.
C.
The City of Springfield has an obligation to provide for the protection
of minors from each other and from other persons, for the enforcement
of parental control over and responsibility for the protection of
the general public, and for the reduction of incidents of juvenile
criminal activities.
D.
A curfew for those under the age of 18 will be in the interest of
public health, safety, and general welfare and help to attain the
foregoing objectives and to diminish the undesirable impact of such
conduct on the citizens of the City of Springfield.
For the purpose of this chapter, the following definitions shall
be applicable:
Curfew hours shall be from 11:00 p.m. on any Sunday, Monday,
Tuesday, Wednesday, or Thursday until 6:00 a.m. of the following day
and from 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
An unforeseen combination of circumstances or the resulting
state that calls for immediate 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.
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.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom a minor has been
placed by a court.
Any person under 18 years of age.
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.
A person who is a natural parent, adoptive parent, or stepparent
of another person or at least 18 years of age and authorized by a
parent or guardian to have the care and custody of a minor.
Any place to which the public or a substantial group of 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.
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 premises.
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.
A.
A minor commits an offense if he remains in any public place or on
the premises of any establishment within the City during curfew hours.
B.
A parent or guardian of a minor commits an offense if he 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.
C.
The owner, operator, or any employee of any establishment commits
an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
A.
It is a defense to prosecution under § 157-3 that the minor was:
(1)
Accompanied by the minor's parent or guardian;
(2)
On an errand 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 an employment activity, or going to or returning from
an employment activity, without any detour or stop;
(5)
Involved in an emergency;
(6)
On the sidewalk abutting the minor's residence or abutting the
residence of a next-door neighbor if the neighbor did not complain
to the Police Department about the minor's presence;
(7)
Attending an official school, religious, or other recreational activity
supervised by adults and sponsored by the City of Springfield, 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 Springfield, a civic
organization, or another similar entity that takes responsibility
for the minor;
(8)
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
(9)
Married or had been married in accordance with MGL c. 207, § 7.
Before taking any enforcement action under this chapter, 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 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 § 157-4 is present.
A.
Criminal disposition. 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 $300.
B.
Noncriminal disposition. Any person who violates any provision of this chapter may be penalized by a noncriminal disposition as provided for under § 1-25. This chapter shall be enforced by the Police Department. The penalty for each violation shall be $50 for each day or part of a day during which the violation is committed, continued, or permitted.
