[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.]
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.
As used in this chapter, the following terms
shall have the meanings indicated:
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.
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.
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.
Any person under 17 years of age.
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.
A person who is:
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.
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.
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.
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.
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.
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.
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.
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.