[HISTORY: Adopted by the Town of Sanford as indicated in article
histories. Amendments noted where applicable.]
[Adopted 12-2-1980]
This article shall be known and cited as the "Special Protection Law
for Juveniles" as it protects juveniles by regulating sexually oriented material.
The purpose of this article is to prohibit any commercial enterprise
from disseminating sexually oriented material to juveniles for commercial
gain. It does not wish to suppress or inhibit the free exchange of ideas or
artistic expression protected by United States Constitutional provisions.
It will promote and protect the general welfare and morals of our youth.
It shall be unlawful for any commercial enterprise to sell, provide
or present for sale any sexually oriented material to a juvenile for commercial
gain.
For purposes of this article, the following terms shall have the meanings
indicated:
Any business, corporation, association or natural person established
for pecuniary gain.
To sell, provide or present for sale or agree to the same.
Any person 17 years of age or younger.
Any book, pamphlet, magazine, picture, photograph or drawing or similar
visual representation.
The material is made up, in whole or dominant part, of representations
or descriptions, actual or simulated, of human sexual intercourse, masturbation,
sodomy, direct physical stimulation of unclothed genitals, or abusive conduct
or torture in the context of a sexual relationship or which emphasize the
uncovered genitals;
The material lacks serious literary, artistic, political, educational
or scientific value for juveniles; and
The dominant theme of the material appeals to the prurient interest
in sex of juveniles.
This article is not intended to regulate any conduct expressly regulated
by existing state statute, nor does it apply to schools, libraries, museums
or other institutions accredited by the state.
Any conduct made unlawful by this article shall be deemed a misdemeanor
and shall be punishable by a fine of not less than $100 for each violation
of this offense. Each day or time that such violation occurs shall be a separate
offense.
[Adopted 5-25-1999 (Ch. 12, Art. I of the 1977
Code)]
This article shall be known and may be cited as the "Curfew Ordinance
of the Town of Sanford, Maine."
The purpose of this article is to aid in control of juvenile delinquency
in the Town of Sanford.
The following words, terms and phrases when used in this article shall
have the meanings ascribed to them in this section, unless the context of
their usage clearly indicates another meaning:
An unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term shall include but not be limited
to fire, natural disaster, vehicular accident, or a serious medical condition
of sudden onset.
The person(s) or public or private agency who or which, either pursuant
to a court order or a voluntary placement or appointment by the minor's parent(s),
is the guardian of the person of the minor.
Any person 17 years of age or younger.
The natural mother or father, adoptive mother or father, or stepmother
or stepfather of a minor.
Any place to which the public or a substantial group of the public
has access and includes, but is not limited to, streets, highways, public
parks and the common areas of schools, hospitals, apartments, houses, office
buildings, transport facilities and shops.
A.
It shall be unlawful for any minor to knowingly remain,
walk, run, stand, drive or ride about in or upon any public place in the Town
of Sanford between the hours of 12:00 midnight and 5:00 a.m.
It is a defense to prosecution under § 141-10 of this article that:
A.
The minor was accompanied by his or her parent or guardian;
B.
The minor was accompanied by an adult specifically designated
by his or her parent or guardian;
C.
The minor was on an errand made necessary by an emergency;
D.
The minor was attending a school, religious or government-sponsored
activity or was traveling to or from a school, religious or government-sponsored
activity;
E.
The minor was engaged in a lawful employment activity
or was going directly to or coming directly from lawful employment;
F.
The minor was on the sidewalk in front of the place where
he or she resides;
G.
The minor was on an errand specifically directed by his
or her parent or guardian;
H.
The minor was in a motor vehicle involved in intrastate
or interstate transportation; or
A.
Except as provided below for a first offense for minors,
this article shall be enforced by issuance of a civil summons directly to
the offender. Before taking any action to enforce this article, the police
officer shall, in the case of a minor, ask the age of the apparent offender.
The police officer may ask for proof of the apparent offender's age and shall
be justified in taking action to determine the apparent offender's age in
the absence of identification, subject to and in compliance with all requirements
imposed by law, including, without limitation, the provisions of 17-A M.R.S.A.
§ 17. Pursuant to that statute, the police officer may require the
minor to remain in his or her presence for a period of up to two hours.
B.
For minors, a documented verbal warning shall be issued
for a first offense.
C.
In all cases, upon finding a minor in violation of this
article, the police officer shall advise the minor that he or she is in violation
of this Curfew Ordinance and direct the minor to proceed at once by the most
direct route to his or her home or usual place of abode.
D.
If the minor refuses to proceed to his or her home or
usual place of abode after having been warned of the violation, or if the
minor is subsequently observed by a police officer to be in violation of this
article after having previously been warned, the police officer shall summons
the minor, and, if the minor's parent or guardian knowingly allowed the violation
to occur, the police officer may also summons the parent or guardian.
The penalty for violation of this article shall be as follows:
A.
For a first offense, subsequent to a receipt of a warning,
as provided above, a fine of $25 or, if the minor consents, four hours of
community service to be completed within 30 days of adjudication; and
B.
For each subsequent offense, a fine up to $100 or, if
the minor agrees, 16 hours of community service to be completed within 30
days of adjudication.
