[Added 12-1-2008]
This article shall be known as the "City of Westbrook Curfew
Ordinance."
A.
The City of Westbrook has a compelling public safety interest in
prescribing certain conduct by minors, regulating the time, place
and manner of otherwise lawful conduct by minors and in encouraging
parental responsibility for the conduct of minors on public streets
and public property within the City of Westbrook.
B.
The City Council finds that a curfew will help reduce or eliminate
juvenile delinquency and the incidents of assaults, criminal mischief
and disturbances which have been documented by the Police Department
and provided to this Council.
C.
The City Council finds that encouraging parental responsibility for
the conduct of minor children increases the likelihood of responsible
conduct by minors and reduces the level of juvenile crime in the City
of Westbrook.
For the purposes of this article, these words and phrases shall
be defined as follows:
The City of Westbrook in Cumberland County, Maine.
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.
Any person 17 or less years of age.
Any person having legal custody of a minor:
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.
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.
A.
It shall be unlawful for a parent having legal custody of a minor
to knowingly permit his or her minor child to loiter in or on any
public property in violation of this article.
B.
The term "knowingly" includes actual awareness and awareness that
a parent should reasonably be expected to have concerning the whereabouts
of his or her minor child, then under his or her custody, during the
curfew hours established under this article.
A.
Any law enforcement officer in the City who finds a minor on the
streets in apparent violation of this article shall take the minor
to the Public Safety Building, where the minor's custodial parent
shall immediately be notified to come for his or her minor child.
B.
Notwithstanding the provisions of Subsection A, when a law enforcement officer finds a minor in apparent violation of this article, but good cause exists for returning the minor directly to his or her residence, such as finding a minor younger than 10 years of age in or on public property in the immediate vicinity of his or her residence, the law enforcement officer may deliver the minor directly to the minor's residence; however, in all circumstances, the law enforcement officer shall within 24 hours file a written report on the same with the Chief of Police.
C.
When a parent has come to the Public Safety Building to take charge
of the minor, and the appropriate incident information has been recorded,
the minor shall be released to the custody of such parent. If the
parent cannot be located, or fails to take charge of the minor, then
the minor shall be released to the juvenile authorities, except to
the extent that in accordance with police regulations, approved in
advance by juvenile authorities, the minor may temporarily be entrusted
to a relative, neighbor or other person who will, on behalf of the
parent, assume responsibility for caring for the minor until the parent
is able to take custody of the minor.
D.
In the case of a first violation by a minor, the Chief of Police
shall notify the parent, by certified mail, of the violation with
a warning that any subsequent violation will result in imposition
of a fine, including imposition of a fine on the parent.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
The terms of this article shall be liberally construed to promote
its purposes in reducing juvenile delinquency, avoiding the dangers
to minors inherent in being in or on public property after 9:00 p.m.
and in promoting increased parental responsibility for the care and
custody of their minor children.
B.
The City Council shall conduct a periodic reevaluation of this article,
as needed, no less than annually.
