This article shall be known as the "City of Westbrook Curfew
Ordinance."
For the purposes of this article, these words and phrases shall
be defined as follows:
CITY
The City of Westbrook in Cumberland County, Maine.
LOITER
To remain in one public area for no apparent purpose other
than to establish physical control over such identifiable area or
to conceal illegal activities.
MINOR
Any person 17 or less years of age.
PARENT
Any person having legal custody of a minor:
A.
As a natural or adoptive parent;
C.
As a person who stands in loco parentis; or
D.
As a person to whom legal custody has been given by order of
court.
PUBLIC PROPERTY
All real property owned by, or under the control of, public
authorities such as the City of Westbrook, the County of Cumberland,
the State of Maine, the federal government and any quasi-municipal
governmental agencies such as the Portland Water District. The definition
shall include all public streets and ways, public school properties
and all City parks and recreation areas.
STREET
A way or place, open to the public as a matter of right,
for purposes of vehicular travel or, in the case of a sidewalk, for
pedestrian travel. The term street includes the legal right-of-way,
including but not limited to the travel way or traffic lanes, the
curb, the sidewalks, whether paved or unpaved, and any grass plots
or other grounds found within the legal right-of-way.
Except as otherwise provided by law, it shall be unlawful for
any minor to loiter or to gather in a group of three or more minors
upon any street, park, school or other public property within the
City of Westbrook between 10:30 p.m. and 5:00 a.m., local prevailing
time.
The curfew established under this article shall not apply:
A. When a minor is accompanied by his or her parent;
B. When a minor is accompanied by an adult authorized by his or her
parent to accompany him or her for time in question;
C. When a minor is exercising any right otherwise protected by law;
D. When a reasonable necessity exists;
E. When the minor is on the sidewalk of his or her residence;
F. When the minor is returning home by a direct route from a school,
religious or other voluntary association activity in which he or she
has just participated or attended;
G. When authorized by regulation issued by the Chief of Police or his
designee; or
H. When necessary for his or her employment purposes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A. If, after the sending of the warning notice pursuant to §
234-23 of a first violation, a minor commits a second violation, the minor shall be fined as set forth in Chapter
A401, Master Fine Schedule, payable to the City of Westbrook.
B. If, after receiving the warning notice pursuant to §
234-23 of a first violation, a minor commits a second offense, this shall be treated as a first offense by the parent under §
234-22, and the fine shall be as set forth in Chapter
A401, Master Fine Schedule.