[HISTORY: Adopted by the City Council of the City of Augusta
as Ch. 13 of the 1990 Code. Amendments noted where applicable.]
[Amended 1-22-1996 by Ord. No. 329]
A.
Title. This section shall be known and may be cited as the "Curfew
Ordinance of the City of Augusta, Maine."
B.
CURFEW HOURS
EMERGENCY
GUARDIAN
MINOR
PARENT
PUBLIC PLACE
REMAIN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The hours from 11:00 p.m. until 6:00 a.m.
Unforeseen circumstances, or the resulting situation, calling
for immediate action. This includes, but is not limited to, fire,
natural disaster, or vehicular accident, as well as any situation
requiring action to avert serious injury or the loss of life.
A person or a public or private agency who, either pursuant
to court order or acceptance of testamentary appointment, is the legal
guardian of the minor. This definition also includes a person to whom
parental powers have been delegated under 18-A M.R.S.A. § 5-104.
Any person who is 14 years of age or younger.
A person who is the natural parent, adoptive parent, or stepparent
of the minor.
A place located in the City to which the public, or a substantial
group of the public, has access, including, but not limited to, streets,
highways, sidewalks, parking lots, vacant lots, parks, and the common
areas in and about apartment buildings, office buildings, hospitals,
schools, shops, and places of entertainment such as movie theaters.
To linger or stay, as well as to refuse to leave when requested
to do so by a police officer or the owner or other person in control
of a public place. This term also encompasses activities which may
be mobile, such as walking, driving, and riding about in a public
place.
C.
Offenses. It shall be unlawful for a minor to remain in a public
place during curfew hours.
D.
Defenses. It is a defense to prosecution under Subsection C of this section that the minor was:
(1)
Accompanied by the minor's parent or guardian.
(2)
Involved in an emergency or on an errand necessitated by an emergency.
(3)
Engaged in an employment activity, or on the way to or from an employment
activity, without any detour or stop except as necessary to drop off
or pick up a co-employee.
(4)
In a motor vehicle involved in interstate travel.
(5)
On an errand directed by a parent or guardian, without any detour
or stop.
(6)
On the sidewalk abutting the minor's home.
(7)
Attending a school, religious, or governmental activity, which is
supervised by adults, or traveling to or from such a school, religious,
or governmental activity without detour or stop.
(8)
Attending a recreational activity sponsored by the City, a civic
organization, or a similar entity, which is supervised by adults,
or traveling to or from such an activity without detour or stop.
(9)
Exercising rights protected by the First Amendment of the United
States Constitution.
(10)
Married.
E.
Enforcement.
(1)
Upon receiving a complaint or at the officer's discretion, enforcement
of this section may take place. Before taking any action to enforce
this section, a police officer shall ask the apparent offender's age.
The officer may ask for proof of the apparent offender's age, and
shall be justified in taking action to ascertain the apparent offender's
age in the absence of identification, such as taking the apparent
offender into custody while contacting his or her parent or guardian,
or accompanying the apparent offender to his or her residence for
the purpose of obtaining identification.
(2)
If the apparent offender is a minor, or cannot produce identification proving otherwise immediately, the officer shall ask the reason for the apparent offender's being in a public place. The officer shall not take any action to enforce this section unless the officer reasonably believes that an offense has occurred and, based on any response as well as other circumstances, no defense provided in Subsection D is applicable. If the officer does have such a reasonable belief, the officer may take the minor into custody for the purposes of contacting the minor's parent or guardian to come to take control of the minor. The police officer shall summons the minor to the District Court for violation of this section. During this period, the officer may require the minor to remain in the officer's presence for a period of up to two hours, so long as the officer complies with all requirements of law, including, without limitation, 17-A M.R.S.A. § 17.
F.
Penalties. The penalty for a minor who violates this section shall
be: $25 for the first offense; $50 for the second or subsequent offense;
or other penalties provided by the court.
G.
One-year review. The City Council shall review with the assistance
of the Police Department, within one year after inception of this
section, the effects and results of the section described herein and
may take appropriate actions at such time.[1]
[1]
Editor's Note: Original § 13-2 of the 1990 Code,
regarding curfew, which immediately followed this section, was repealed
1-22-1996 by Ord. No. 329.
A.
No person shall place bills or other advertising matter on any post,
pole or tree within any street in the City.
B.
No person shall place political signs or political advertising matter
on or over any park, school lot, traffic circle or other public property
within the compact or built-up section of the City.
C.
No person shall place, deposit or throw any advertisement, handbill
or other written material upon any unoccupied motor vehicle in any
parking area used in connection with the Augusta Civic Center and
owned or leased by the City, or upon the grounds within such parking
area, or within any public way within the City.
No person shall, in any street, sidewalk or public place, wilfully
or mischievously make any loud or unusual noise, either by the voice,
the discharge of firecrackers, pistols, guns or other firearms, or
by the beating of drums, sounding of trumpets or other means, or sing
loud, improper or boisterous songs, or in any manner conduct noisily
so as to disturb the quiet and good order of the City.
[Amended 1-6-1992 by Ord. No. 244; 9-8-2003 by Ord. No.
106; 4-5-2004 by Ord. No. 54; 4-15-2010 by Ord. No. 053]
A.
Prior to an intended parade, march or other use of public ways within
the City, a permit must be applied therefor to the City Police Chief
or his designee.
B.
The application shall set forth the name, address and phone number
of the person seeking the permit, the date and time for which sought
and the intended route.
C.
As a precondition to issuance of a permit, the applicant must meet
with or provide information by any other means to the Police Chief
or his designee, so that the applicant and the City may attempt to
agree on the details of the route and other logistics. It is a requirement
that all organizations seeking city approval to conduct a parade or
special event involving roadway use create a safety plan that includes,
at a minimum, the following elements: safe route selection, acquisition
of all required permits, and hazard mitigation.
[Amended 9-19-2019 by Ord. No. 19-140]
D.
The Police Department may deny the permit or alter the route for
traffic or safety reasons and impose reasonable conditions, including,
but not limited to, time limits, requirement to keep moving and on
route, no amplification or sound truck, no explosives, fireworks or
other artificial noise.
E.
The cost of the permit shall be $100, plus the costs of traffic control
per City collective bargaining agreement and clean-up costs, as estimated
by the Police Department. The permit fee will not include the cost
of police protection for public safety. The fee of $100 is payable
at the time the application is submitted and the balance at the time
of its issuance. The City Council may modify this fee from time to
time by order.
F.
If the permit is denied or modified, the applicant may appeal in
writing within five days to the City Clerk's office for determination
by the City Council.
It shall be unlawful to operate a sound truck in the City limits
without first obtaining a permit. Such permit shall be issued by the
City Councilmembers.
[Amended 1-6-1992 by Ord. No. 244]
[Amended 1-6-1992 by Ord. No. 244]
The existence on any lot or parcel of land within the City of
any open or uncovered well, cistern, cellar, quarry, dangerous hole
or excavation injurious or prejudicial to the public safety, comfort,
health and welfare shall be unlawful. Any person owning or having
possession, charge or control of such lot or parcel of land shall
abate such condition within 10 days after having been given written
notice to do so by the Police Chief. Each day that such condition
remains after the expiration of the notice shall be a separate offense.
No person shall transport by motor vehicle upon any public way, road or street in the City any crates containing fowl, hens, chickens or crates which have been previously used for such purposes, without covering the vehicle or crates with netting, wire or other materials in such a manner that feathers shall not be dislodged, blown or fall into the public way, road or street. Any person violating this section shall, upon conviction, be punished in accordance with Chapter 1, Article III, General Penalty, of the City Code.
No person shall sweep, place or deposit any dirt, soot, ashes,
shavings, paper, hair, manure or any vegetable or animal substance,
or any rubbish, offal or filth of any kind on or upon any street,
sidewalk or public place in this City.
No person shall slide down any street or sidewalk within the
City upon any sled, sleigh or other such device, except on such streets
where sliding has been authorized by the Council under 23 M.R.S.A.
§ 2851.
[Amended 1-6-1992 by Ord. No. 244]
No person shall course, slide down, across, in and along any
street or sidewalk or public parking lot of the City upon any board
jumper, skateboard or otherwise unless such street, way or parking
lot has been designated for such purposes by the Police Chief.
No person shall leave or place any article in any street or
sidewalk so as to impede travel thereon.
[Amended 4-21-2016 by Ord. No. 16-060]
Any person owning or being in the possession of an outdoor swimming
pool in the City shall keep the same adequately fenced or adequately
covered at all times by the owner, tenant or lessee while not in use.
Such fence shall be at least four feet high. All outdoor swimming
pools, regardless of size or depth, shall meet the same setback requirements
as a structure for the zoning district in which the pool is located.
[Amended 1-6-1992 by Ord. No. 244]
A.
No person shall discharge any firearm within the compact section
of the City, as defined by the Maine Department of Transportation,
without permission from the Police Chief, except in self-defense,
in execution of the laws or for the destruction of some dangerous
animal.
[Amended 1-6-1992 by Ord. No. 244]
No person shall shoot a bow and arrow or any other projectile
instrument within the compact section of the City, as such is defined
by the Maine Department of Transportation, without first acquiring
permission to do so from the Police Chief.
[Amended 1-6-1992 by Ord. No. 244]
A.
No person shall have in his possession, except in his domicile, or
offer for sale or sell any mechanism, device, toy or weapon designed
to propel a projectile with the use of a sling, commonly known as
a "slingshot," which incorporates within the structure of the mechanism,
device, toy or weapon a wrist or arm brace or other structural component
designed to brace the mechanism, device, toy or weapon when in use
in order to increase the potency and accuracy thereof, beyond that
which is achievable through the use of a handle designed to be gripped
with the hand alone.
B.
A person may only transport any such mechanism, device, toy or weapon
between his domicile and the City limits with prior oral or written
notification to the Police Chief.
[Amended 1-6-1992 by Ord. No. 244]
No person shall play at the game of ball or throw any missiles
in any public street or enclosure of any public building without first
acquiring permission to do so from the Police Chief.
No person shall throw any dirt, stones, bricks, snowballs or
any other substance against any dwelling house or other private or
public building, with intention to injure the same, or to disturb
the inmates thereof, nor shall any person be present, aiding and abetting
the same.
Two or more persons shall not gather in a group or near each
other on any public way or other public property in such a manner
as to obstruct free passage.
A person shall not obstruct or attempt to obstruct the free
flow of vehicular traffic by thrusting himself, another person or
an object into a public way.
[Amended 6-21-2012 by Ord. No. 12-088]
A person shall not place or cause to be placed in any public
way, public park, public parking lot or other public property any
refuse of any kind, including, but not limited to, tobacco products,
glass, metal, wood or paper products, and garbage, except in proper
containers placed there for the collection of garbage or rubbish,
or except at a municipal landfill.
A.
The purpose of this section is to regulate nudity as a form of commercial
exploitation and to regulate dress as a form of conduct and not to
impede the free exchange and expression of ideas. The conduct regulated
is that which the City Council has clearly found to be offensive to
the general welfare, public safety, order and morals of the City and
its citizens.
B.
EXPOSE or EXPOSED
SALESPERSON, WAITER, WAITRESS or ENTERTAINER
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
For the purposes of this section, the following definitions shall
apply:
Unclothed or uncostumed or not covered by a fully opaque
material.
A person shall be deemed to be a "salesperson," "waiter,"
"waitress" or "entertainer" if such person acts in that capacity without
regard to whether or not such person is paid any compensation by the
management of the establishment in which the activity is performed.
C.
It shall be unlawful for a person who, while acting as a salesperson,
waiter, waitress, entertainer or in any other capacity as an owner,
manager or employee in a business subject to license in the City,
and including any restaurant, hotel, motel, club and place selling
spirituous and vinous liquor or malt liquor to be consumed on the
premises, to:
(1)
Expose his or her genitals, pubic hair, buttocks, perineum or anus;
or
(2)
Expose any portion of the female breasts at or below the areola thereof.
|
It shall be unlawful for a person to cause, permit, procure,
counsel or assist any person to expose himself or herself as prohibited
by this subsection.
|
D.
It shall be unlawful for a person or business corporation acting
as an owner, manager or employee in a business subject to license
in the City, and including any restaurant, hotel, motel, bottle club,
club, place selling spirituous and vinous liquor or malt liquor, place
selling food and place where coin-operated amusement devices are located,
to operate or allow to be operated on the premises any machine, projector
or any video device which depicts, displays or projects, directly
or indirectly, pictures, photographs or other visual images of specified
anatomical areas or specified sexual activities.
E.
Any act made unlawful by this section and any violation of this section
shall be punishable by a fine of not more than $500 for each offense.
Each day that such unlawful act or violation continues shall be considered
a separate offense.
F.
In addition to any other penalty provided by the law, the commission
of acts prohibited by this section shall constitute a nuisance and
may be abated by the City seeking an injunction to prohibit further
and continued violation thereof.
[Amended 11-19-1984 by Ord. No. 603]
Anyone owning, leasing or operating a gravel pit, sand pit or
other open pit operation within the corporate limits of the City shall
be responsible for the public health and safety by securing all entrances
with appropriate locking gates to prevent public access. The gates
shall be locked from 9:00 p.m. to 5:00 a.m.
[Amended 10-16-1995 by Ord. No. 255; 11-19-2009 by Ord. No. 09-152]
A.
Motor vehicles that have not been registered and inspected for one
year may not be stored within 150 feet of a public right-of-way unless
the vehicle or vehicles are garaged or fully buffered from public
view by evergreen plantings or properly installed wooden fences.
[Amended 4-21-2016 by Ord. No. 16-060]
B.
Exceptions to this section are antique autos pursuant to Title 29-A
of the Maine Revised Statutes, vehicle dealers licensed pursuant to
Title 29-A of the Maine Revised Statutes, documented illness or a
documented absence from the City for at least one year by the owner
or owners of the property on which the vehicle or vehicles are located.
C.
No court action to enforce the provisions of this section may be
taken by the City until and unless the owner or owners of the property
on which the vehicle or vehicles are located have received a thirty-day
notice in writing from the City advising said owner or owners of a
violation of this section.
[Amended 8-4-1997 by Ord. No. 238]
A.
Purpose. The purpose of this section is to regulate and prohibit
certain sexual acts, sexual conduct and/or sexual contact in the City
of Augusta. The acts and activities regulated and prohibited by this
section are those which the City Council finds to be offensive to
the general welfare, public safety, order and morals of the City and
its citizens.
B.
BUSINESS ESTABLISHMENT
CONSIDERATION or GRATUITY
RUBDOWN or MASSAGE
SEXUAL ACT OR ACTS
SEXUAL CONTACT
SEXUAL CONDUCT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any business, including but not limited to a sole proprietorship,
operating for consideration or for any gratuity or with the expectation
of receiving consideration or any gratuity, whether or not the business
has a fixed place of business within the City limits of Augusta.
Any direct or indirect payment of money or any other object
of value.
Used interchangeably to mean any method of rubbing, kneading,
tapping, vibration, compression, percussion, application of friction
or manipulation of the external parts of the human body with the hands
or other parts of the body or with the aid of any instrument or device.
Excluded from this definition are therapeutic massages performed by
massage therapists or massage practitioners, physicians, chiropractors,
physical therapists, cosmetologists, barbers, registered nurses, or
other health care providers, all of whom must be licensed, certified
or registered with the State of Maine and acting in accordance with
the laws of the State of Maine and the ordinances of the City of Augusta.
An act or acts, actions or activity in which a person or
persons exposes to another person or persons his or her genitals,
pubic hair, buttocks, perineum or anus or any portion of the female
breast at or below the areola thereof. "Sexual act or acts" also means
any act of sexual gratification between two persons involving direct
physical contact between the sex organs of one and the mouth or anus
of the other or direct physical contact between the sex organs of
one and the sex organs of the other, or direct physical contact between
the sex organs of one and an instrument or device manipulated by the
other. A sexual act may be proved without allegation or proof of penetration.
Any touching of the genitals, directly or through clothing,
other than as would constitute a sexual act, for the purpose of arousing
or gratifying sexual desire.
Conduct by a person or persons to another person or persons
which consists of human masturbation, sexual intercourse, sodomy and
fondling of human genitals, pubic region, buttocks or female breasts.
C.
Prohibition. It shall be unlawful for any person or business establishment
to operate or allow to be operated any business or activity in which
the operations consist totally or in part of providing, making available
or allowing sexual conduct, sexual contact, sexual acts, rubdowns
or massages for consideration or with the expectation of receiving
consideration or any gratuity, whether or not the person or business
has a fixed place of business within the City limits of Augusta. It
shall also be a violation of this section for a person or business
establishment to cause, permit, procure, counsel or assist any person
to expose himself or herself or to commit acts prohibited by this
section.
D.
Penalty.
(1)
Any act or activity made unlawful by this section and any violation
of this section shall be punishable by a fine of not more than $500
for each offense. Each day that such unlawful act or violation continues
shall be considered a separate offense.
(3)
In addition to any other penalty provided by the law, the commission
of acts prohibited by this section shall constitute a nuisance and
may be abated by the City seeking an injunction or restraining order
to prohibit further and continued violation thereof.
(4)
Violation of this section by a party, parties or business establishment
which hold any City license could result in the revocation of said
license following a license revocation hearing before the Augusta
City Council.
[Amended 5-19-2003 by Ord. No. 51]
A.
Definitions. "Disorderly house" shall mean any dwelling to which
the police have responded eight or more times in any thirty-day period,
involving the conduct of the owner, tenant(s), or tenants' co-habitees,
guest or invitees, which would unreasonably disturb the community,
the neighborhood or an individual, including, but not limited to:
loud music; boisterous parties; sounds emanating from within the structure
which are audible outside the dwelling; loud noise or fights involving
tenants of the dwelling or their invitees; tenants or invitees of
tenants being under the influence of drugs or intoxicating liquor;
the arrest and conviction of tenants or their invitees for activities
which constitute either a crime or civil infraction under either state
or local law; and other similar activities. "Dwelling" is defined
as any single- or multifamily residence or part thereof, including
garages, outbuildings, exterior grounds and separate apartments. This
section applies to all such conduct occurring at or within 300 feet
of the dwelling.
B.
Notice of disorderly house.
(1)
Whenever a dwelling has been visited by the police four times, but
fewer than eight times, in any thirty-day period, in relation to incidents
which meet the above definition, the Police Department, or any other
agent designated by the City Manager, may notify the owner of the
circumstances involving the police responses.
(2)
Whenever a dwelling has been identified as a disorderly house by
the City, the City shall provide written notification of the events
which form the basis for the designation to the owner.
(3)
The notice shall require the owner or the owner's designated agent
to meet with representatives of the City within five business days,
or such time as is agreed upon by both parties. The intent of such
meeting is to discuss the issues surrounding the circumstances involving
the police responses to the disorderly house. At the meeting, the
parties shall make a good-faith effort to reach a written agreement
which will require the owner to make reasonable efforts to resolve
the problems which have required police intervention.
C.
Violations.
(2)
The first violation of this section will result in a fine of $100
being imposed against the owner. The second and all subsequent violations
will result in a maximum fine of $500. If the City is required to
bring an action in court to enforce this section, it may seek injunctive
relief and will be entitled to its reasonable attorney's fees.
[Added 1-17-2013 by Ord. No. 13-010]
A.
This section is enacted pursuant to 30-A M.R.S.A. § 3014.
This section is intended to be coextensive with the maximum residency
restrictions permitted by 30-A M.R.S.A. § 3014.
B.
The Planning Bureau, with the assistance of the Police Department,
shall prepare, maintain and file with the City Clerk an official map
showing prohibited locations as defined by this section. The Planning
Bureau will update the map at least annually to reflect any changes
in the locations of any restricted property and setbacks and file
the updated map with the City Clerk.
C.
DESIGNATED SEX OFFENDER(S)
PROPERTY OWNER
RESIDENCE
RESTRICTED PROPERTY
SETBACK
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A person(s) convicted of Class A, B or C sex offenses committed
against persons who had not attained 14 years of age at the time of
the offense.
The person owning real estate affected by this section as
shown by the current tax maps on file in the office of the City Assessor
or the records at the Kennebec County Registry of Deeds.
The temporary or permanent occupation or use of a place,
including but not limited to a domicile, for the purpose of living,
residing or dwelling.
The real property comprising a public or private elementary, middle or secondary school; the real property comprising a municipally owned property or state-owned property that is leased to a nonprofit organization for purposes of a park, athletic field or recreation facility that is open to the public where children are the primary users. See Subsection G, Restricted property.
[Amended 9-5-2013 by Ord. No. 13-152]
A radius of 750 feet surrounding the restricted property.
E.
Exceptions.
(1)
A designated sex offender maintaining a residence within the setback
from restricted property is not in violation if the residence was
established and consistently maintained as a residence prior to the
date of passage of this section. A designated sex offender is not
in violation of this section if the restricted property is created,
moved or enlarged which results in a designated sex offender residing
in a setback, as long as the residence was in place and consistently
maintained prior thereto.
(2)
A property owner leasing or renting a residence for use by a designated
sex offender within the setback of a restricted property is not in
violation if the residence was established and consistently maintained
as a residence prior to the date of passage of this section. A property
owner is not in violation of this section if the restricted property
is created, moved or enlarged which results in a designated sex offender
residing in the setback, as long as the residency was in place prior
to the creation, movement or enlargement and the residency has been
consistently maintained.
F.
Violation; injunctive relief and penalties.
(1)
A designated sex offender who, 30 days after written notice from the City of Augusta, is in violation of Subsection D(1) of this section shall be subject to an action brought by the City of Augusta to enforce the requirements of this section. The City of Augusta may seek injunctive relief to require compliance with the provisions of this section. The City of Augusta may also seek a penalty in the minimum amount of $500 per day, for each day of violation of Subsection D of this section after 30 days. In the event the City of Augusta is the prevailing party in any action under this section, it shall be entitled to an award of its reasonable attorney's fees, court costs and the costs of any expert witness fees incurred by the City of Augusta.
(2)
Property owners who, 30 days after written notice from the City of
Augusta, lease or rent any residence to a designated sex offender
within the setback from a restricted property shall be subject to
an action brought by the City of Augusta to enforce the requirements
of this section. The City of Augusta may seek injunctive relief to
require compliance with the provisions of this section.
(3)
The City of Augusta may also seek a penalty in the minimum amount of $500 per day, for each day of violation of Subsection D(2) of this section after 30 days. In the event the City of Augusta is the prevailing party in any action under this section, it shall be entitled to an award of its reasonable attorney's fees, court costs and the costs of any expert witness fees incurred by the City of Augusta.
G.
Restricted property. The following properties are designated as restricted
properties because children are the primary users:
(2)
Municipally owned property:
(a)
Buker Center.
(b)
Bicentennial Park.
(c)
Calumet Park.
(d)
Capitol Park.
(e)
Cunningham Park.
(f)
East Side Boat Landing.
(g)
Gage Street Park.
(h)
Hodgkins Athletic Fields.
(i)
Frederick L. Savage Park.
(j)
McCalls's Park.
(k)
Mill Park.
(l)
Mt. Vernon Avenue Park.
(m)
North Water Street Park.
(n)
Williams Park.
(o)
Youth Memorial Park.
