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Of The
Town Of Jay |
(Enacted January
3, 2003)
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PART
ONE |
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| Section
101. Short Title |
| This ordinance shall
be known and may be cited as the "Curefew
Ordinance Of The Town Of Jay, Maine." |
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| Section
102. Findings |
| There has been an increase
in violent and property crimes by
Minors, and an increase in activity
among minors in the Town of Jay. |
| Persons
under the age of 17 are particularly
susceptible, because of their lack
of maturity and experience, to participation
in unlawful activites and gang-related
activities, and to victimization
by older perpetrators of crime. |
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| Section
103. Purpose |
| The purpose of this
Order is to provide for the protection
of Minors from eachother, and from
other persons, the protection of
health, safety and welfare of the
general public, and the reduction
of crim, violence, and gang-related
activity by minors in the Town of
Jay. A curfew for those under the
age of 17 with aid in the achievement
of those goals, and will be in the
interest of public health, safetly,
and welfare. |
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| Section
104. Authority |
| This Ordinance is
enacted pursuant to Title 30-A M.R.S.A.,
Section 3001. |
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| Section
105. Applicability |
| This Ordinance shall
apply to Minors in the Town of Jay,
whether or not residents of the Town
of Jay, and shall also apply to the
Parents and Guardians of minors in
the Town of Jay, whether or not residensts
of the Town of Jay. |
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| Section
106. Serverability |
| If any provision or
section of thisOrdinance, or the
application thereof to any person
or circumstance is determined to
be invalid or void by a court of
competant jurisdiction., such determination
shall not affect other provisions
or applications of this ordinance
that can be given effect in whole
or in part without the invalid provision
or application, and to this end each
provision of this ordinance is declared
to be serverable and independent.
It is the intent of the Town of Jay
that each and every part, clause,
paragraph, section and subsection
of this Ordinance be givin effect
to the degree possible. In any case
where a provision of this oridinance
is found to be in conflict with a
provision of any other ordinance
or code of the Town of Jay , the
provision which established or establishes
the higher standard for the promotion
and protection of health and welfare
for the community shall prevail. |
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| Section
107. Effective Date and Amendment |
| This Ordinance shall
become effective on the date of adoption,
and may be amended by a majority
of a town meeting of the Town of
Jay. |
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PART
TWO |
Definitions |
| Section
201. Definitions |
| Subject to additional
definitions contained in the subsequent
parts of this Ordinance and unless
the context otherwise requires, in
this ordinance the following terms
have the following meanings (such
definitions to be equally applicable
to all parts of speech and both to
the singular and plural forms of
the terms defined): |
| Curfew Hours: "Curfew
Hours" shall mean the hours
from: |
|
A. |
10:01P.M. until
6:00A.M. for minors 11 or less
years of age |
B. |
10:31P.M. until 6:00A.M. for minors
12 or 13 years of age, and |
C. |
11:00P.M. until 6:00AM for minors
14 to 17 years of age |
D. |
On Friday and Saturday evenings
the hours specified above shall be
extended 1 hour |
| Emergency: "Emergency" shall
mean unforseen circumstances, or
the resulting situation, calling
for immediate action, This includes
but is not limited to: fire, natural
disaster, or vehicular accident,
as well as any situation requiring
action to avert serious injury or
the loss of life. |
| Guardian: "Guardian" shall
mean a person or a public or private
agency who, pursuant to court orderm
is the legal guardian of the Minor.
This definition also includes a person
to whom potential powers have been
delegated under M.R.S.A. Title 18-A,
Sections 5-104. |
| Minor: "Minor" shall
mean any person who is seventeen
years of age or younger. |
| Parent: "Parent" shall
mean a person who is the natural
parent, adoptive Parent, or Step-Parent
of the Minor. |
| Public Place: "Public
Place" shall mean a place located
in the Town of Jay to which the public
or a substantial group of the public,
has access, including, but not limited
to, streets, highways, sidewalks,
parking lots, vacant lots, parks,
and the common areas in and about
apartments buildings, office buildings,
schools, shops, and places of entertainment. |
| Remain: "Remain" shall
mean to linger or stay as well as
refuse to leave when requested to
do so by a police officer, or the
owner or other person in control
of a public place. This term also
encompasses activites which may be
mobile, such as walking, driving,
or riding about in a public place. |
PART
THREE |
General
Prohibitions |
| Section
301. Prohibition |
| No Minor shall remain
in a public place during curfew hours. |
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No Parent of Guardian of a minor
shall knowingly permit, or allow
by exercising insufficient control,
a Minor to remain in a public place
during curfew hours. |
| Section
302. Exceptions |
| It is an exception
to the prohibitions under Section
301 of this Ordinance if the Minor
was: |
A. |
Accompanied
by the Minor's Parent or Guardian; |
B. |
Involved in an emergency or on
an errand neccessitated by an emergency; |
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C. |
Engaged in an employment activity,
or on the way to or from an employment
activity, without any detour or stop
except as necessary to drop off or
pickup a co-employee; |
D. |
In a motor vehicle involved in
interstate travel; |
E. |
On the sidewalk abutting the Minor's
home; |
F. |
On an errand directed by a Parent
or Guardian, without any detour or
stop; |
|
G. |
Attending a school, religious,
or governmental activity, which is
surpervised by adults, or travelling
to or from a school, religious, or
governmental activity without detour
or stop; |
|
H. |
Attending a recreational activity
sponsored by the Town of Jay, a civic
organization, or a similar entity,
which is surpervised by adults, or
travelling to or from such an activity
with no detour or stop; |
I. |
Exercising rights protected by
the First Amendment of The United
States Constitution, or |
J. |
Married or otherwise emancipated. |
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PART
FOUR |
Enforcement |
| Section
401. Restriction on Enforecement |
| A police officer shall
not take any action to enforce this
Ordinance unless the officer reasonably
believes that a violation has occurred
and, based on any response as well
as well as other circumstances, no
exception provided in 302 is applicable. |
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| Section
402. Enforcement Procedure |
| If a police officer
or an owner or other person in charge
of a public place reasonably believes
that a person is in violation of
this Ordinance: |
A. |
The owner or other person may
notify police of the alleged violation; |
B. |
The police officer may ask the
apparent offenders age; |
C. |
The police officer may ask for
proof of the apparent offenders age; |
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D. |
The police officer shall be justified
in taking action to ascertain the
apprent offenders age in the absence
of identification, such as taking
the apparent offender into custody
while contacting his or her Parent
or Guardian, or accompanying the
apparent offender to his or her residence
for the purpose of obtaining identification; |
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E. |
If the apparent offender is a
Minor, or cannot produce identification
proving otherwise immediately, the
officer may ask the reason for the
apparent offender being in a public
place;. |
|
F. |
The police officer may take the
Minor into custody for the purpose
of contacting the Minors Parent or
Guardian to come and take control
of the minor; |
|
G. |
During this period, the officer
may require the Minor to remain in
the officers presence ofr a period
of up to two hours, so long as the
officer complies with all requirements
of law, including, without limitation,
M.R.S.A. Title 17-A, Sections 107; |
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H. |
If the apparent offender is a
Minor, the police may summons the
minor and the Minor's parents or
guardian to the District Court for
a violation of this Ordinance, in
accordance with Rule 4 of the Maine
Rules of Civil Procedure. |
