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ORDINANCE
NO. 96-25
The Town of Fort Fairfield hereby ordains
the adoption of the following ordinance, to be known
as the Town of Fort Fairfield's Loitering Ordinance.
SECTION I SHORT TITLE
Ordinance No. 96-25 shall be known and may be cited
as the Fort Fairfield's Loitering Ordinance.
SECTION II REPEAL
Enactment of this ordinance hereby repeals Chapter
121, Peace and Good Order, Section 121-2, Loitering
in its entirety as found in the Fort Fairfield Town
Code. Chapter 121, Section 121-2 reads as follows:
SECTION III PURPOSE AND FINDINGS
This is a replacement of the previous Town of Fort
Fairfield's Loitering Ordinance. It prescribes, in accordance
with prevailing community standards, regulation for
the conduct of persons on the streets. It is to be effectively
enforced for the public good, safety and welfare.
SECTION IV DEFINITIONS
1. ''Loitering'' shall mean remaining in essentially
one location and shall include the concept of spending
time idly, to be dilatory, to linger, to stay, to
saunter, to delay, and to stand around.
2. '' Public Place" shall mean any place
to which the general public has access and a fight
to resort for business, entertainment, or other lawful
purpose, but does not necessarily mean a place devoted
solely to the uses of the public. it shall also include
the front or immediate area of any store, shop, restaurant,
tavern or other place of business and also public
streets, ways, grounds, areas or parks.
SECTION V LOITERING PROHIBITED
It shall be unlawful for any person to loiter either
alone and/or in consort with others in a public place
in such manner so as to:
1. Obstruct Traffic: Obstruction of any public
street, public highway, public sidewalk or any - other
public place or building by hindering or impeding
or tending to hinder or, impede the free and uninterrupted
passage of vehicle traffic or pedestrians.
2. Interfere with Business or Property.Use:
Commit in or upon any street, public highway, public
sidewalk other public place or building any act or
thing which is an obstruction or interference to the
free and uninterrupted use of property or with any
business lawfully conducted by anyone in or upon or
facing or fronting on any such public street, public
highway, public sidewalk or any other public place
or building, all of which prevents the free and or
any uninterrupted ingress and egress, and regress
therein, thereon, and thereto.
SECTION VI VIOLATION
Refusal by an individual to obey immediately personally
communicated order by a law enforcement officer to !eave
an area shall constitute a violation of this ordinance
and result in a citation for loitering.
SECTION VII PENALTIES
First Offense $25.00
Second Offense and Thereafter $50.00
SECTION VIII PROSECUTION OF VIOLATION
If fines are not paid within thirty (30) days of the
violation, the Chief of Police or designee shall issue
a civil citation to the alleged offender to appear in
Second District Court in Presque Isle, Maine. The alleged
offender will be subject to a fine double the amount
of the originally assessed penalty, if adjudicated to
have committed the offense alleged.
SECTION IX ENFORCEMENT
The Chief of Police or designee of the Town of Fort
Fairfield shall be responsible for enforcement of this
Loitering Ordinance.
SECTION X SEVERABILITY CLAUSE
If any section or part thereof, sentence, clause or
phrase of this Loitering Ordinance shall be held to
be unconstitutional or invalid, the remaining provisions
thereof shall, nevertheless, remain in full force and
effect.
INTRODUCED September 25, 1996
INTRODUCED BY Councilor Robert D. Ashby
PUBLISHED: Gary J. Cyr, Chairman "No person shall loiter idly on any street,
sidewalk, or driveway, public or private, within the
limits of the business section of Fort Fairfield Village."
PUBLIC HEARING
ADOPTED AT TOWN COUNCIL MEETING
FORT FAIRFIELD TOWN COUNCIL
Kenneth N. Feller Robert D. Ashby
Gary Sirois
Ronald Jalbert
Susan H. LeVasseur, Town Clerk
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PO Box 350
Fort Fairfield, ME 04742
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