Town of Kittery, ME
York County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
In this chapter, the following terms shall have the meanings indicated:
A. 
From 10:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 a.m. of the following day; and
B. 
From 12.01 a.m. until 6:00 a.m. on any Saturday or Sunday.
EMERGENCY
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.
ESTABLISHMENT
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.
A. 
A person who, under court order, is the guardian of the person of a minor; or
B. 
A public or private agency with whom a minor has been placed by a court; or
C. 
A person at least 18 years of age and authorized by a parent or guardian to have the care and custody of a minor.
MINOR
Any person under 18 years of age.
OPERATOR
Any individual, firm, association, partnership or corporation operating or managing any establishment. The term also includes the members or partners of an association or partnership and the officers of a corporation.
PARENT
A person who is a natural parent, adoptive parent, or step-parent of another person.
PUBLIC PLACE
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, apartment houses, office buildings, transport facilities, shopping malls and shops.
REMAIN
To:
A. 
Linger or stay; or
B. 
Fail to leave premises when requested to do so by a police officer or the owner, operator or any other person is control of the premises.
SERIOUS BODILY INJURY
Bodily injury as defined in 17-A M.R.S. § 2(23)
A. 
Minors commit a civil violation if they remain in any public place or on the premises of any establishment within the Town during curfew hours.
B. 
Parents or guardians of a minor commit a civil violation if they knowingly permit, or by insufficient control allow, the minor to remain in any public place or on the premises of any establishment during curfew hours.
It is a defense to prosecution under § 9.3.2 that the minor was:
A. 
Accompanied by the minor's parent, guardian or spouse over the age of 18 years;
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 or intrastate travel;
D. 
Engaged in an employment activity, or going to or returning from an employment activity, without 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. 
Attending an official school, religious or other recreational activity supervised by adults and sponsored by the Town, a civic organization or other similar entity that takes responsibility for the minor; or going to or returning home from any of the activities named above without any detour or stop;
H. 
Exercising First Amendment rights protected by the United States Constitution.
A. 
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 summons or take any other enforcement action unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in § 9.3.3 is present.
B. 
Upon making such a determination, the officer shall take the offender into interim care and may also issue a written warning or civil summons to the offender. Offenders in interim care are to be transported either to the offender's home or to the police station, where they will be held in a public area of the station until remanded to the custody of a parent or guardian. All first-time offenders are to be issued a warning.
Any violation of this chapter will be assessed a penalty under Title 1, Chapter 1.3.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1.1, Code Adoption).