Curfew Ordinance City of Lewiston, ME

AN ORDINANCE PERTAINING TO CURFEW HOURS FOR MINORS

WHEREAS, the City Council has determined that there has been an increase in juvenile violence, juvenile gang activity, and crime by persons under the age of 18 in the City of Lewiston; and

WHEREAS, persons under the age of 18 are particularly susceptible by their lack of maturity and experience to participate in unlawful and gang-related activities and to be victims of older perpetrators of crime; and

WHEREAS, the City of Lewiston has an obligation to provide for the protection of minors from each other and from other persons, for the enforcement of parental control over and responsibility for children, for the protection of the general public, and for the reduction of the incidence of juvenile criminal activities; and

WHEREAS, a curfew for those under the age of 18 will be in the interest of the public health, safety, and general welfare and will help to attain the foregoing objectives and to diminish the undesirable impact of such conduct on the citizens of the City of Lewiston;

NOW THEREFORE,

THE CITY OF LEWISTON HEREBY ORDAINS:

Chapter 50, Offenses and Miscellaneous Provisions, of the Code of Ordinances of the City of Lewiston, Maine, is hereby amended as follows:

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CHAPTER 50

OFFENSES AND MISCELLANEOUS PROVISIONS

ARTICLE III. MINORS

DIVISION 2. CURFEW

Sec. 50-81. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Curfew hours means 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday, or Thursday until 5:00 a.m. of the following day, and 12:01 a.m. on any Saturday or Sunday until 5:00 a.m. of the following day.

Emergency means 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, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

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

Minor means any person under 18 years of age.

Operator means 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 means a person who is a natural parent, adoptive parent, or step-parent of another person, or at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.

Public place means any place to which the public or a substantial group of 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 means 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 means 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.

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Sec. 50-82. Offenses.

A. A minor commits an offense if he remains 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 he knowingly permits, or by insufficient control allows, 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 he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.

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Sec. 50-83. Defenses.

1. It is a defense to prosecution under Subsection 50-82 (B) that the minor was:

a. accompanied by the minor's parent or guardian;

b. on an errand at the direction of the minor's parent or guardian, without any detour or stop;

c. in a motor vehicle involved in interstate travel;

d. engaged in an employment activity, or going to or returning-home from an employment activity, without any detour or stop;

e. involved in an emergency;

f. 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;

g. either (i) attending an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Lewiston, a civic organization, or another similar entity that takes responsibility for the minor, or (ii) within forty five minutes after the termination of an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Lewiston, a civic organization, or another similar entity that takes responsibility for the minor, going to or returning home from such activity;

h. 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;

i. exercising rights protected under Article I, Sections 2, 3, 4, or 5 of the Maine Constitution; or

j. married or had been married or had disabilities of minority removed in accordance with Title 15, Section 3306A of the Revised Statutes.

2. It is a defense to prosecution under Subsection 50-82 (C) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.

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Sec. 50-84. Enforcement.

Before taking any enforcement action under this Section. 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 make an arrest under this Section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in Subsection 50-83 (1) is present.

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Sec. 50-85. 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 civil penalty of not less than $25.00 and not more than $100.00.

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Sec. 50-86. Severability.

That the terms and provisions of this ordinance are severable and are governed by Chapter 1 of the Lewiston Code of Ordinances, as amended.

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