City of Westbrook, ME Article I General Provisions

§ 234-1 Loitering; police order to disperse. [1]

[Amended 9-11-1961; 4-2-1973; 7-7-1997]

A. It shall be unlawful for any person to loiter in any public place, or in or about any building or dwelling or adjacent thereto, in such a manner so as to:

(1) Obstruct any public street or public place by hindering or impeding or tending to hinder or impede the free and uninterrupted passage of pedestrians or vehicles.

(2) Commit in or upon any public street or public place any act which is an obstruction or interference to the free and uninterrupted use of any property, or with any business being lawfully conducted by anyone in any public place, or which prevents the free and uninterrupted ingress and egress therein, thereon and thereto.

(3) Create or cause to be created any disturbance or annoyance to the discomfort or alarm of any person lawfully in or going to or from any building, dwelling or public place.

B. No person shall stop, loiter, be or remain upon any school grounds, the grounds of any municipal building, any municipal building, any municipal cemetery or park, field or woodlands, or any municipal recreation facility or playfield between sunset and sunrise of the following day, except to attend a municipally sponsored event taking place at such locations during that time period; except while engaged in employment with the City; except as provided in § 230-2 of this Code; or except when other hours of operation, either earlier or later, are posted at such public grounds, in which case such restrictions shall be controlling and shall be of full force and effect as though incorporated herein.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

C. As used in this section, the following terms shall have the meanings indicated:

LOITERING

Remaining in essentially one location either alone and/or in consort with others and shall include the colloquial expression "hanging around."

PUBLIC PLACE

Any place to which the general public has access and a right to resort for business, entertainment or other lawful purposes, and shall include the front or immediate area of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas or parks.

D. When any person or persons causes or commits any of the conditions enumerated in Subsection A or B herein, a police officer, or any law enforcement officer, shall order the person or persons to stop causing or committing such conditions and may, if he deems necessary for the preservation of public peace and safety, order that person or persons to move on or disperse. Any person who fails or refuses to obey any such order shall be guilty of a violation of this section.

E. This section shall not apply to peaceful picketing, public speaking or other lawful expressions of opinion not in contravention of other City ordinances, or state and federal laws.

[1] Editor's Note: Original § 22-1, Curfew established, which immediately preceded this section, was repealed 6-22-2009. See now Art. III, Curfew.

§ 234-2 Pedestrians not to obstruct traffic; duty of officer to disperse offenders.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Three or more persons shall not stand together, or near each other, in any street or on any sidewalk, in such a manner as to obstruct the free passage therein for passengers. It shall be the duty of any police officer or constable of the City to order any person violating the foregoing provision of this section to move on and, if the person does not obey, to remove him or arrest and cause him to be brought before the District Court. There a complaint shall be made against him for the violation of this section.

§ 234-3 Games of chance in streets.

No person shall expose in any street, square or other public place any table or device of any kind whatsoever upon or by which any game of hazard or chance can be played, and no person shall play at any such table or device or at any unlawful game on any street or public place.

§ 234-4 Games in streets not to interfere with traffic.

No person shall play at any game of ball, football, snowball or any other game interfering with the convenience or safety of passersby in or upon any street in the City.

§ 234-5 Disturbance of peace.

No person shall, in any street or public place, make any loud or unusual noise, either by voice or otherwise, or sing improper or boisterous songs, or utter obscene, indecent or profane songs or words, or in any unruly or boisterous manner disturb the quiet and good order of the City.[1]

[1] Editor's Note: Original Sec. 22-7, Distribution of advertising materials, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 234-6 Public buildings, trees, poles not to be defaced by posting advertisements.

No person, except by permission of the City Council, shall post any bill, notice or any advertisement on or in any way deface or injure any of the public buildings, trees growing in the streets or public places or poles supporting electric lights or wires.

§ 234-7 Spitting in public places.

[Amended 5-4-1964]

No person shall spit upon any floor of any public building or place of amusement or upon any sidewalk.

§ 234-8 Curfew on swimming in Highlands Lake Dam area.

[Added 8-5-1974]

The dam at the outlet of Highland Lake (also known as "Duck Pond") and the shore for 50 feet on either side of the dam shall be closed to swimming between the hours of 8:30 p.m. and 6:00 a.m.

§ 234-9 Tobacco-free zones.

[Added 8-21-2006; amended 3-4-2013]

A. No smoking in all Westbrook School Department buildings and grounds and certain outdoor areas owned and/or controlled by the City. Given the public health dangers inherent in smoking, including exposure to secondhand smoking, and except as may otherwise be provided by law, there shall be no smoking in the following publicly owned and/or controlled areas:

(1) City-owned/controlled areas: Riverbank Park, Bicentennial Park (including Ramp Park), all areas set forth in § 230-5 of the Code of the City of Westbrook, Saccarappa Falls Park and the Boardwalk, the skating rinks at Stroudwater Street, Bridge Street (including the ball field), and Lincoln Street, and the ball fields at Foster Street, Stevens Avenue, and Cornelia Warren Field, and the outdoor swimming pool;

(2) School Committee-controlled areas: all outdoor areas under the control and supervision of the School Committee, including, without limitation, the areas around all buildings, parking lots and service areas, and all playing fields and recreation areas; and

(3) Presumpscot Commons: all outdoor areas under the control and supervision of the Westbrook Housing Authority on Main Street and known as "Presumpscot Commons."

B. The specific areas in which smoking is prohibited shall be conspicuously marked by signage posted by the City.

C. This prohibition may be enforced by any law enforcement officer by first giving the alleged violator an oral warning and then by issuance of a civil summons. Offenses shall be punishable by fines as set forth in Chapter A401, Master Fine Schedule. In the event that a fine is not paid, it shall be collected in Maine District Court pursuant to Rule 80H of the Maine Rules of Civil Procedure.