No preview available
HomeMy WebLinkAbout1998-02-23 98-118 ORDINANCECOUNCILACTION _-.. Item No. 90-118 Date: 24348 RemaiubjeeLORDINANCE, Amending the Land Development Code to Mae Certain Prohibited Uses Responsible DepmlmerU Legal Commentary: The adachad ordinance would prohibit prostitution, prommaug prostitution, andthe manufacture, sale, distribution, trafficking, or use of illegal drugs throughout the City. By identifying these uses as prohibited in our land development code, the City will be able to better enforce existing laws in regard m prostitution or drug offenses. Under this ordhucee, prostitution and drug offenses, if they we committed or allowed to be committed by someone in control of promises in which they occur, "old be aviolation of oro land development code and could be prosecuted as a land use violation This would allow the City m prosecute landlords, business oumem, and property, owners who knowingly allow such illegal activities to occur. Departra!V ivionager't Comnsenttts:�-Tia ,y[/ �©naa q{p/MIWW✓ dfPAaaaPL a r tclLas City Manager Asmda Information: Ordinance) ttaNnmR O..uQatW'tl Budget Approval: Finance Director Legal Approval:A(S %km /rfc1;ff5 PIPE sf �"IfMOfIK v*r 4r linat RS 11't p/ann(ti5 A 4. /P' 144Q( ening /boa At AmP dA�t IS rof a/vrfPA, f)v if/M will cnysnu Introduced for Passage /1" V Ann 7n5 �iOa�6( ArWnt(,'WA% f,n t'u/�Ju/n�f$ M7 ->` First Reading an referral to Planning Bd. 3-3-98 V11"Y; IV Pap of -- Referral 4rcfifen a, %hf5 r5 a rel( roll ifim- 98-118 (Amended by Substitution) As'ped to ncilor CITY OF BANGOR (TITLE) (0rbhtIWC91 Amending Land Development code to. Define Certain Prohibited Uses &4on&ised bytl Cft CaeM[ of the City olBasw, a fd .' THAT Chapter VIII, Part II of the Laws and ordinances of the City of Bangor (Land Development Code - General Requirements) is hereby amended by the addition of Article 13-A, as follows: ARTICLE 13-A - PROHIBITED USES Sec. 1 Uses Prohibited. Notwithstanding any other provision of this Ordinance, including Part II, Article 4 (Nonconformities) and Part xII (District Provisions), the following uses are declared to be prohibited uses of property throughout the City of Bangor: a. Prostitution, including paid sexual contact, as defined in Title 17-A MRSA 4 851(1). b. Promoting prostitution, as defined in Title 17-A MRSA 5 851(2). c. Manufacture, sale, distribution, or trafficking in marijuana, narcotic drugs, or scheduled drugs, in violation of Title 17-A MRSA 5 1101 € sea. Aa4to Counuor Baldacei February 23, 1998 CITY OF BANGOR (TITLE.) Mrmmmea _ Amending Land Development code to Define Certain Prohibited Uses Be it onkued WG City Cw of City ofBa*dor, ae fdkae' THAT Chapter VIII, Part II of the Laws and Ordinances of the City of Bangor (Land Development Code - General Requirements) is hereby amended by the addition of Article 13-A, as follows: ARTICLE 13-A - PROHIBITED USES Sec. 1 Uses Prohibited. Notwithstanding any other provision of this Ordinance, including Part 11, Article 4 (Nonconformities) and Part III (District Provisions), the following uses are declared to be prohibited uses of property throughout the City of Bangor: a. Prostitution, including paid sexual contact, as defined in Title 17-A MSRS S 851 (1). b. Promoting prostitution, as defined in Title 17-A MRSA S 851 (2). c. Manufacture, sale, distribution, trafficking in, or use of [marijuana], narcotic drugs, in violation of Title 17-A MRSA 5 1101 at seg. Sec. 2 Violations. After the effective date of this Article, any person who, as the owner, lessee, licensee, permittee or manager of a building or lot in the City of Bangor, uses, permits, or allows use of such building or lot for a purpose prohibited in Section 1 of this Article, commits a land use violation, and shall be subject to the penalities provided in this Ordinance and in Title 30-A MRSA S 4452. Each day any such violation shall occur or continue shall constitute a separate offense. Sec. 3 Proof of Violations. Violations of this Article may be proved in a civil action brought pursuant to Title 30-A MRSA 3 4452, and need not be based upon a prior criminal conviction for the same conduct. IN CITY COUNCIL February23, 1998 - First Reading Referred to Planning Board /CI IN CITY COUNCIL Marcb 11, 1998 Arvilla Verceles, Jackson Street, questioned landlord liability in this Ordinance change Notion to Amend by Substitution Passed Vote: 6 yea, 2 Absent Councilors voting yea Aube, Baldaccl, Farnham, Robman. Tyler S Woodcock Councilors Absent: Crowley S Leen Passed as Amended by Substitution Vote: 6 yes, 2 absent Councilors voting yes: Aube. Baldaccl, Parnham, Peahen, Tyler A Woodcock Councilors Absent Crowley 6 leen LE 98-118 ORDINANCE ( TUTLE,) Amending Lend Development code to Define Certain Prohibited Used Sec. 2 violations. After the effective date of this Article, any person who, as the owner, lessee, licensee, permittee or manager of a building or lot in the City of Bangor, knowingly or Intentionally uses, permits, or allows use of such building or lot for a purpose prohibited in Section 1 of this Article, commits a land use violation, and shall be subject to the penalties provided in this Ordinance and in Title 30-A MRSA 9 4452. Each day any such violation Shall occur or continue shall constitute a separate offense. The terms "knowingly" and "intentionally" as used n this section shall be defined as provided in Title 17-A MRSA 9 35. Sec. 3 Proof of Violations. Violations of this Article may be proved in a civil action brought pursuant to Title 30-A MRSA S 4452, and need not be based upon a prior criminal conviction for the same conduct.