[Ord. of 12-17-1996]
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:
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.
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.
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 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.
Any person under 17 years of age.
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.
A person who is a natural parent, adoptive parent, or stepparent
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.
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.
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.
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.
[Ord. of 12-17-1996]
(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 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
to an offense if he knowingly allows a minor to remain upon the premises
of the establishment during curfew hours.
[Ord. of 12-17-1996]
(a)
It is a defense to prosecution under Subsection (b) that the minor was:
(1)
Accompanied by the minor's parent or guardian;
(2)
On an errand at the direction of the minor's parent or guardian,
without any detour or stop;
(3)
In a motor vehicle involved in interstate travel;
(4)
Engaged in an employment activity, or going to or returning home
from an employment activity without any detour or stop;
(5)
Involved in an emergency;
(6)
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;
(7)
Either (i) attending an official school, religious, or other recreational
activity supervised by adults and sponsored by the City of Biddeford,
a civic organization, or another similar entity that takes responsibility
for the minor, or (ii) within 45 minutes after the termination of
an official school, religious, or other recreational activity supervised
by adults and sponsored by the City of Biddeford, a civic organization,
or another similar entity that takes responsibility for the minor,
going to or returning home from such activity.
(8)
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;
(10)
Married or had been married or had disabilities of minority
removed in accordance with Title 15, Section 3306A of the Revised
Statutes.
[Ord. of 12-17-1996]
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 Section 40-27(a) present.
[Ord. of 12-17-1996]
A person who violates a provision of this article 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
and not more than $100.
[Ord. of 12-17-1996]
That the terms and provisions of this article are severable and are governed by Chapter 1 of the Biddeford Code of Ordinances, as amended.
[Ord. of 12-17-1996]
That this article shall take effect in accordance with the provisions
of Section 2.11(c) of the Charter of the City of Biddeford.
