City of Bangor, ME Chapter 158 Juvenile Curfew

[HISTORY: Adopted by the City Council of the City of Bangor as Ch. VII, Art. 5, Sec. 1; amended in its entirety 2-14-2000 by Ord. No. 00-107. Subsequent amendments noted where applicable.]

§ 158-1 Legislative findings.

A. In recent years, the City of Bangor has experienced large and growing seasonal influxes of unaccompanied minors from other communities, due in large part to the presence in Bangor of public and private agencies that provide shelter facilities and other supportive services for such minors.

B. During the calendar year ending December 31, 1996, the City of Bangor experienced an increase in assaults, disturbances of the peace, incidents of disorderly conduct and other crimes and violations committed by minors. A large percentage of these crimes and violations have been committed by unaccompanied minors during late night and early morning hours.

C. During the same period, reported incidents of victimization of minors by other minors and by adults has increased.

D. Unaccompanied minors, and especially those under the age of 17, are particularly susceptible by reason of their lack of maturity and experience to participate in personally harmful and unlawful activities and to be victims of older perpetrators of crime.

E. Since its inception in 1997, the juvenile curfew has been an effective tool for the Police Department in dealing with the problems associated with the late-night/early-morning gatherings of unsupervised juveniles, including threats to the juveniles themselves.

[Added 12-9-2002 by Ord. No. 03-18[1]]

[1] Editor's Note: This ordinance also redesignated former Subsection E as Subsection F.

F. A curfew ordinance for persons under the age of 17 is necessary for the protection of the general public, to reduce the incidence of crimes, violations and victimization of minors and to promote public health, safety and welfare.

§ 158-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

CURFEW HOURS

11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day and 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.

EMERGENCY

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.

ESTABLISHMENT

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.

GUARDIAN

A. A person who, under court order, is the guardian of the person of a minor or a public or private agency with which a minor has been placed by a court.

B. A person or public or private agency that harbors or provides shelter to an unaccompanied minor.

MINOR

Any person under 17 years of age.

OPERATOR

Any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

PARENT

A person who is:

A. A natural parent, adoptive parent or stepparent of another person; or

B. At least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

PUBLIC PLACE

Any place to which the public has access, and includes but is not limited to streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.

REMAIN

To linger or stay or fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.

SERIOUS BODILY INJURY

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

UNACCOMPANIED MINOR

Any person under 17 years of age who is not in the presence or under the direct supervision of that person's parent or court-appointed guardian.

§ 158-3 Offenses.

A. A minor commits an offense if they remain in any public place or on the premises of any establishment within the City during curfew hours.

B. A parent or guardian of a minor commits an offense if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment within the City during curfew hours.

C. The owner, operator or any employee of an establishment commits an offense if they knowingly allow a minor to remain upon the premises of the establishment during curfew hours.

§ 158-4 Defenses.

A. It is a defense to prosecution under § 158-3 that the minor was:

(1) Accompanied by the minor's parent or guardian;

(2) On an errand at the direction of the minor's parent or guardian, without any detour or stop;

(3) In a motor vehicle involved in interstate travel;

(4) Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;

(5) Involved in an emergency;

(6) 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;

(7) Attending an official school, religious or other recreational activity supervised by adults and sponsored by the City of Bangor, a civic organization or another similar entity that takes responsibility for the minor or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the City of Bangor, a civic organization or another similar entity that takes responsibility for the minor;

(8) Engaging in organized activities for the purpose of exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech and the right of assembly, or similar rights under the Maine Constitution; or

(9) Legally emancipated by court order at the time of the violation.

B. It is a defense to prosecution under § 158-3C that the owner, operator or employee of an establishment promptly notified the Bangor Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

§ 158-5 Enforcement.

A. Any City of Bangor police officer receiving a complaint or observing an apparent violation of this chapter shall have authority to investigate and issue appropriate summonses. An officer's investigation may include temporary detention of an apparent violator pursuant to and in accordance with 17-A M.R.S.A. § 17 for the purpose of ascertaining and verifying the identity, age and current residence address of the person being investigated.

B. 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 citation or issue a summons under this chapter unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 158-4 is present.

C. Police officers investigating a complaint or an apparent violation of this chapter are authorized to contact the parent or guardian of any minor under investigation for the purpose of verifying the minor's identity, age and current residence address and for the purpose of returning the minor to the custody of such parent or guardian.

§ 158-6 Violations and penalties.

A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine not to exceed $500.[1]

[1] Editor's Note: Former § 158-7, When effective; annual review; sunset provision, which immediately followed this section, was repealed 12-9-2002 by Ord. No. 03-18.