In this chapter, the following terms shall have the meanings
indicated:
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.
Any person under 18 years of age.
Any individual, firm, association, partnership or corporation
operating or managing any establishment. The term also 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 step-parent
of another person.
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, apartment houses, office buildings,
transport facilities, shopping malls and shops.
To:
Bodily injury as defined in 17-A M.R.S. § 2(23)
A.
Minors commit a civil violation if they remain in any public place
or on the premises of any establishment within the Town during curfew
hours.
B.
Parents or guardians of a minor commit a civil violation if they
knowingly permit, or by insufficient control allow, the minor to remain
in any public place or on the premises of any establishment during
curfew hours.
It is a defense to prosecution under § 9.3.2 that the minor was:
A.
Accompanied by the minor's parent, guardian or spouse over the age
of 18 years;
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 or intrastate travel;
D.
Engaged in an employment activity, or going to or returning from
an employment activity, without detour or stop;
E.
Involved in an emergency;
F.
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;
G.
Attending an official school, religious or other recreational activity
supervised by adults and sponsored by the Town, a civic organization
or other similar entity that takes responsibility for the minor; or
going to or returning home from any of the activities named above
without any detour or stop;
H.
Exercising First Amendment rights protected by the United States
Constitution.
A.
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 summons or take any other enforcement action unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 9.3.3 is present.
B.
Upon making such a determination, the officer shall take the offender
into interim care and may also issue a written warning or civil summons
to the offender. Offenders in interim care are to be transported either
to the offender's home or to the police station, where they will be
held in a public area of the station until remanded to the custody
of a parent or guardian. All first-time offenders are to be issued
a warning.
