[HISTORY: Adopted by the Town Meeting of the Town of Madison 11-15-2002;
printed as amended 6-11-2007. Subsequent amendments noted
where applicable.]
This chapter shall be known and may be cited as "Curfew Ordinance."
This is an updating of the Town of Madison ordinance prescribing, in
accordance with prevailing community standards, regulations for the conduct
of minors on streets at night, effectively enforced, taught in the homes,
internalized and adhered to for generations, all for the good of minors, for
the furtherance of family responsibility, and for the public good, safety
and welfare.
A.
Effect on juvenile delinquency. The Madison Board of
Selectmen finds that the curfew meets a very real local need, has been over
the years a significant factor in minimizing juvenile delinquency and should
be updated and amplified in the light of the Town's local situation and facts,
including the following.
B.
Proper time for outdoor activities. This community sense
of the proper time for cessation of outdoor activities by minors on the streets
is reflected in the curfew hours declared by this chapter which takes into
consideration also the danger hours for nocturnal crime and for
accumulations of minors with potential risks incident to immaturity.
C.
No commercial recreational facilities. Commercial recreational
facilities for juveniles are almost nonexistent and there is little or nothing
for minors to do outdoors but roam the streets after the curfew hours which
this chapter declares.
D.
Parental responsibility. Parental responsibility for
the whereabouts of children is the norm, legal sanctions to enforce such responsibility
have had a demonstrated effectiveness over the years, as parental control
increases likelihood of juvenile delinquency decreases, and there is a continuing
need for the nocturnal curfew for minors which has achieved and will continue
to achieve under local conditions the purposes hereinbefore stated.
For the purpose of this chapter, the following terms, phrases, words,
and their derivations shall have the meaning given herein. When not inconsistent
with the context, words used in the present tense include the future, words
in the plural number include the singular and words in the singular number
include the plural. The word "shall" is always mandatory and not merely directory.
Any person under the age of 18, or, equivalent phrasing often herein
employed, any person 17 or less years of age.
Any person having legal custody of a minor:
To stay behind, to tarry and to stay unnecessarily upon the streets, including the congregating of groups (or of interacting minors) totaling four or more persons in which any minor involved would not be using the streets for ordinary or serious purposes such as mere passage or going home. To implement that thought with additional precision and precaution, numerous exceptions are expressly defined in § 173-5 so that this is not a mere prohibitory or presence type curfew ordinance. More and more exceptions become available with increasing years and advancing maturity as appropriate in the interest of reasonable regulation which is intended by use of the meaningful phrase "be or remain" as relating to a curfew ordinance of the "remaining" type.
A way or place, of whatsoever nature, open to the use of the public
as a matter of right for purposes of vehicular travel or in the case of a
sidewalk thereof for pedestrian travel. The term "street" includes the legal
right-of-way, including but not limited to the cartway 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, including but not limited to
the cartway 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 of
a street. The term "street" applies irrespective of what it is called or formally
named, whether alley, avenue, court, road or otherwise.
Referred to herein is based upon the prevailing standard of time,
whether Eastern Standard Time or Eastern Daylight Saving Time, generally observed
at that hour by the public in the Town, prima facie the time then observed
in the Madison Town Office and Police Station.
The Town of Madison, Somerset County, Maine.
Continues from one birthday, such as the 17th, to (but not including
the day of) the next, such as the 18th, birthday, making it clear that 18
years of age. The latter phrase in practice, unfortunately, having confused
a number of persons into the mistaken thought that 18 year olds might be involved.
Similarly, for example, 11 or less years of age means "under 12 years of age."
It shall be unlawful for any person 17 or less years of age (under 18)
to be or remain in or upon the streets within the Town at night during the
period ending at 5:00 a.m. and beginning at 10:00 p.m.
In the following exceptional cases a minor on a Town street during the nocturnal hours for which § 173-4 is intended to provide the maximum limits of regulation (and a clear general guide for minors, their parents and their fellow citizens) shall not, however, be considered in violation of this chapter:
A.
Parent. When accompanied by a parent of such minor.
B.
Authorized adult. When accompanied by an adult authorized
by a parent of such minor to take the parent's place in accompanying the minor
for a designated period of time and purpose within a specified area.
C.
First Amendment rights. When 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. Such minor shall
evidence the bona fides of such exercise by first delivering to communications
center personnel at the Police Station, where and by whom high priority messages
to the Police Chief are regularly received, a written communication, signed
by such minor and countersigned if practicable by a parent of such minor with
their home address and telephone number, addressed to the Police Chief, specifying
when, where and in what manner the minor will be on the streets at night (during
hours when this chapter is otherwise applicable to the minor) in the exercise
of a First Amendment right specified in such communication.
D.
Reasonable necessity. In case of reasonable necessity
but only after such minor's parent has communicated to the Town Police Station
personnel the facts establishing such reasonable necessity relating to specified
streets at a designated time for a described purpose, including points of
origin and destination. A copy of such communication, or of the police record
thereof, duly certified by the Chief of Police to be correct, with an appropriate
notation of the time it was received and of the names and address of such
parent and minor, shall be admissible evidence.
E.
Sidewalk near residence. When the minor is on the sidewalk
of the place where such minor resides, or on the sidewalk of either next-door
neighbor not communicating an objection to the Police Officer.
F.
Returning home. When returning home, by a direct route
from (and within 30 minutes of the termination of) a school activity, or an
activity of a religious or other voluntary association, of which prior notice,
indicating the place and probable time of termination, has been given in writing
to, and duly filed for immediate reference by, the Chief of Police or the
officer assigned by him on duty at the Police Station, thus encouraging (here
as in other exceptional situations) conduct on the part of minors involved
in such activities and striking a fair balance for any somewhat conflicting
interests.
G.
Special permit: Police Chief. When authorized by special permit from the Police Chief, carried on the person of the minor thus authorized, as follows: When necessary nighttime activities of a minor may be inadequately provided for by other provisions of this chapter, the recourse may be had to the Police Chief, either for a regulation as provided in Subsection H or for a special permit as the circumstances warrant. Upon the Police Chief's finding of necessity for the use of the streets to the extent warranted by a written application signed by a minor and by a parent of such minor if feasible, stating a) the name, age and address of such minor, b) the name, address and telephone number of a parent thereof, c) the height, weight, sex, color of eyes and hair and other physical characteristics of such minor, d) the necessity which requires such minor to remain upon the streets during the curfew hours otherwise applicable, and e) the street or route and the beginning and ending of the period of time involved by date and hour, the Police Chief may grant a permit in writing for the use by such minor of such streets at such hours as may be necessary. In an emergency this may be handled by telephone, or other effective communication, with a corresponding record being made contemporaneously, either to the Police Chief, or if unavailable, to the police officer authorized by the Chief to act on his behalf in an emergency, at the Police Station.
H.
By regulation. When authorized, by regulation issued
by the Police Chief, in other similar cases of reasonable necessity, similarly
handled but adapted to normal or necessary nighttime activities of more minors
that can readily be dealt with on an individual special permit basis. Normally
such regulation by the Police Chief or permitting use of the streets should
be issued sufficiently in advance to permit appropriate publicity through
news media and through other agencies such as the schools, and shall define
the activity, the scope of the use of the streets permitted, the period of
time involved, not to extend more than 30 minutes beyond the time for termination
of such activity, and the reason for finding that such regulation is reasonably
necessary and is consistent with the public interest and the purposes of this chapter.
I.
Employment. When the minor carries a certified card of
employment, renewable each calendar year, signed by the Chief of Police and
briefly identifying the minor, the address of his home and of his place of
employment, and his hours of employment.
J.
In motor vehicle. When the minor is, with parental consent,
in a motor vehicle, this contemplates normal travel. From excess of caution,
this clearly exempts bona fide interstate movement through Madison, particularly
on normal routes. This also exempts interstate travel beginning or ending
in Madison.
K.
Additional exceptions. Each of the foregoing exceptions,
and their several limitations such as provisions for notification, are severable,
as hereinafter provided, but here reemphasized; and additional, also severable,
exceptions, broadening with the progress toward maturity of minors enrolled
respectively in elementary, junior high and high schools, will be considered
by the Selectmen as warranted by future experience illuminated by the views
of student government associations, school personnel, citizens, associations
and neighborhood spokesmen, parents, officers and persons in authority concerned
positively with minors as well as with juvenile delinquency.
It shall be unlawful for a parent having legal custody of a minor knowingly
to permit or by inefficient control, to allow, such minor to be or remain
upon any Town street under circumstances not constituting an exception to,
or otherwise beyond the scope of this chapter. The term "knowingly" includes
knowledge which a parent should reasonably be expected to have concerning
the whereabouts of a minor in that parent's legal custody. It is intended
to continue to keep neglectful or careless parents up to a reasonable community
standard of parental responsibility through an objective test. It shall, a
fortiori, be no defense that a parent was completely indifferent to the activities
or conduct or whereabouts of such minor.
A.
General. A policeman of the Town, upon finding or having
attention called to any minor on the streets in prima facie violation of this chapter,
normally shall take the minor to the Town Police Station, where a parent shall
immediately be notified to come for such minor, whereupon they shall be interrogated.
This is intended to permit ascertainment, under constitutional safeguards,
of relevant facts and to centralize responsibility in the officer there and
then on duty for accurate, effective, fair, impartial and uniform enforcement
and recording, thus making available experienced supervisory personnel, the
best of facilities and access to information and records. In the absence of
convincing evidence such as a birth certificate, a police officer on the street
shall in the first instance use his best judgment in determining age.
B.
Refinement. Police procedures shall constantly be refined
in the light of experience and may provide, inter alia, that the police officer
may deliver to a parent thereof a minor under appropriate circumstances, for
example, a minor of tender age near home whose identity and address may readily
be ascertained or are known.
C.
Written report. In any event, such police officer shall
within 24 hours file a written report with the Chief of Police, or shall participate
to the extent of the information for which he is responsible in the preparation
by himself and the officer involved is such case, and in the filing, of such
report within 24 hours.
D.
Release of minor. When a parent, immediately called,
has come to take charge of the minor, and the appropriate 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 a parent assume the responsibility of
caring for the minor pending the availability or arrival of a parent.
E.
First violation. In the case of a first violation by
a minor, the Chief of Police shall, by first-class mail or hand delivered
by an officer, send to a parent written notice of the violation with a warning
that any subsequent violation will result in full enforcement of this chapter,
including enforcement of parental responsibility and of applicable penalties.
Prevailing community standards and the real internalization thereof
or interpersonal sanctions therefor that in practice count for much, as to
when minors should be off the streets, reflected in this chapter, are hereby
undergirded with the following legal sanctions.
A.
First offense by parent. If, after the warning notice pursuant to § 173-7 of a first violation by a minor, a parent violated § 173-4 (in connection with a second violation by the minor), this shall be treated as a first offense by the parent. For such first parental offense a parent shall be fined $50 and for each subsequent offense by a parent, the fine shall be increased by an additional $50, e.g., $100 for the second, $150 for the third offense. The Twelfth District Court Judge, upon finding a parent guilty, shall sentence the parent to pay such fine and the costs of prosecution, and upon refusal to pay such fine and costs to be imprisoned in the jail of Somerset County for a period not exceeding 10 days.
B.
Third offense by minor. Any minor who shall violate any
of the provisions of this chapter more than three times shall be reported
by the Police Chief to a society or organization whose purpose it is to take
charge of incorrigibles and delinquents and proceedings shall then be taken
before the Juvenile Court for the treatment, supervision and rehabilitation
of such minor.
C.
Fines ineffective. A like procedure, before the juvenile
authorities, shall be followed in any case where the imposing of a fine upon
a parent shall not be effective, or where for any other reason the provisions
of this chapter cannot be made effective by the imposing of penalties under
this section.
Severability is intended throughout and within the provisions of this chapter.
If any provision, including inter alia any exception, part, phrase or term,
or the application thereof to any person or circumstance, is held invalid,
the application to other persons or circumstances shall not be affected thereby
and the validity of this chapter in any and all other respects shall not be
affected thereby. From excess of caution, the Police Chief is authorized to
give advisory opinions, in writing or immediately reduced to writing, which
shall be binding, and shall be adhered to by the police, until the chapter
is amended in such respect, interpreting terms, phrases, parts or any provision.
Normally such advisory opinions shall be in response to good faith, signed
letters addressed to him at the Police Station, questioning a) as ambiguous,
b) as having a potentially chilling effect on constitutional rights specifically
invoked, or c) as otherwise invalid, in all three categories with respect
to proposed conduct definitely described. This administrative remedy must
be exhausted prior to presenting to any court a question in any of the three
categories. The Town does not intend a result that is absurd, impossible of
execution, or unreasonable. It is intended that this chapter be held inapplicable
in such cases, if any, where its application would be unconstitutional. A
constitutional construction is intended and shall be given. The Town does
not intend to violate the Constitution of the State of Maine or the Constitution
of the United States of America.
The Town will continue its evaluation and updating of this chapter as
follows:
A.
Reports to Selectmen. Accordingly, there shall be compiled
and informally reported to the Selectmen through effective channels (such
as the normal monthly distribution by the Town Manager and Town Clerk, to
each Selectmen, the Town Manager and the Town Attorney, of noteworthy material)
all exceptional cases hereunder of reasonable necessity, the notices of school
and other activities, the Police Chief's special permits and the Chief's regulations
hereinbefore authorized, and the Police Chief's advisory opinions, for consideration
by the appropriate committee and by the Selectmen in further updating and
continuing evaluation of this chapter.
B.
Volunteer programs. For the same reasons, as well as
for the implementation beyond these legal aspects of the basic purposes, hereof,
the Town Manager and relevant committees of the Town through their respective
chairman in coordinated efforts, shall work with existing, and may organize,
voluntary groups, and shall stimulate volunteer leadership, in programs or
research and of action dealing constructively on neighborhood and local bases,
with juvenile delinquency, and the prevention, control or containment thereof,
in all its ramifications and with practicable steps toward the good life,
and a better life, for minors 17 years of age, and with the working of this chapter,
community-wise and in individual cases, as one much needed legal tool toward
that end as well as for continuing present protection of minors and of other
persons, and of property and other interests, important to the welfare of
the people of the Town of Madison.
