HomeMy WebLinkAbout1996-01-22 96-86 ORDINANCECOUNCIL ACTION
Item No. 96-86
Date $anuary 22. 1996
Item/Subject: Amending
Chapter VI,
Article 16
of the Laws b
Ordinances of the City
of Bangor --
Radios and
Sound Devices
Responsible Department:
Legal
This amendment has been suggested by Bangor resident Charlie Curran
to extend the ordinance's application to 'sound devices" played on
privately -owned premises that disturb the peace of abutting
landowners or tenants. The ordinance as currently in force applies
only to v of and devices" in the public streets. Amendment of
the City's ordinance would allow for civil prosecutions in such
cases by the City's Legal Department. Current enforcement options
in such casae are limited to criminal prosecution by the District
Attorney's office for disorderly conduct under Title 17-A MRSA
S 501 (copy attached) or a private civil action for nuisance under
Title 17 MRSA S 2701 (copy attached).
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Associated Information: Existingordinance (Chapt. VI, Art. 16))
17-A MRSA S 501; 17 MRSA S 2701
Budget Approval:
Legal Approval:
Finance Director
rj�oq 6M,
Ci Solicitor
Passage
First Reading_ '''q 1
,�- Referral :wTw�-Otka4a 7/f ',Page 1 of 7
1444 0 S.Ope (A
M.
0Auigned to Coimtilw Popper January 22, 1996
CITY OF BANGOR
Amending Chapter VI, Article 16 of the Laws
$Kmdaiwd6y tAe (NM Cw«�l gGeCW WBcsO«. «Ia(b+n:
THAT Chapter VI, Article 16, Section 3 of the Laws and Ordinances
of the City of Bangor be amended by adding a new. Subsection 3-A, as
follows:
3-A
(TITLE.) MMYM7f M,
.....
......
and
ordinances of the
City of
,Bangor --
Radios
and
Sound
Devices
$Kmdaiwd6y tAe (NM Cw«�l gGeCW WBcsO«. «Ia(b+n:
THAT Chapter VI, Article 16, Section 3 of the Laws and Ordinances
of the City of Bangor be amended by adding a new. Subsection 3-A, as
follows:
3-A
IN CITY COUNCIL j
January 22, 1996
First Reading
Referred to Municipal Operations
CITY CLERK
IN CITY COUNCIL
February 12, 1996
Tabled until the First
Regularly Scheduled
Meeting In March
CIT EHR
IN CITY COUNCIL
March 13, 1996
Indefinite Postponed
TY CLERK
96-86
ORDINANCE
I TIM.) Amending Chapter VI, Article 16
of the Laws and Ordinances of the CItyof
Bangor - Radios and Sound Devices.
i R'..
Chapter VI Article 1
Sec.l - Sec. 5
Chapter VI
• Article 16 Radios and Sound Devices
Sec. 1 .Title This Ordinance shall be known and may be cited as
the "City of Bangor Sound Device Ordinance"
Sec, 2 Definitians. For purposes of this Ordinance, the following
words shall have the following meaning:
A City The City of Bangor.
B Operate To u r
radio o sound device for the
amplification or projection of sound.
C Radio. Any hand-held or portable radio, tape player
compact disc player, "Boom Bax" portable
stereo player or similar device, capable of playing
or reproducing broadcast or,recorded sound. The
term "radio" includes radios, tape players, compact
disc players, "boom boxes" stereo players or similar
devices installed in an automobile or mortorcycle
D Sound Device. Shall mean any electrical or mechanical
device other than a radio, e.o., sound
trucks, two-way radios, loudspeakers, megaphones o
cellular phones capable of amplifying and projecting
ambient, spoken, recorded, or other sound.
sec.** 3 Operation of Radios and Sound Devices. No person shall
operate a radio 0r
sound device an any street, sidewalk or other public way
n the the City of Bangor in such a manner as to cause
disturbance of the peace, or to annoy, harass,or offend any
person. R radio or sound device shall be deemed to have been
played In an annoying, harassing or offensive m when the
r
volume of sound generated by such radio o undadeice i
discernibly audible to a person more thanfive 15) feet away, i
sufficiently loud to interfere with ordinary conversation at tha
vt
distance, and continues after a request has been made to the person
operating the radio or device to reduce the volume level.
Sec.4 Enforcement Any member of the Bangor Police Department
is authorized to enforce this Ordinance upon Complaint, orupon
the officer's o observation of a violation in progress. Upon
the commission of a first violation, a officer enforcing this
ordinance shall isritten.warning citation in hand or by
regular U.S. mail to
the personoperating the radio or sound
device.
*Amended May 11,1992 C.O. 92-187
**Amended July 27, 1992 C.O. 92-34S
E
Chapter VI Article 16
The warning citation shall state the date, time, location and nature
of the violation concerned, and shall inform the violator of the
possible consequences of a subsequent violation of this ordinance .
Upon c of any subsequent violation of this ordinance by the
e person 160 days after i of a warning citation, the
sam issuance
certified officer shall issue a second written nature
of
in shandecond
or by
certified mail to CM1e and
hall concerned. The nature er the s antl o
subsequent violation antl shallhedirect
Mai e District person operating tse ratlio 0
and nddevicedot to appear before the Maine n.Inad Court at a specified
r
time and date to answer for on bservingn. In addition, any off l6er
enforcing this ordinance, upon observing a second or he radio o
violation, shall
ned be authorized to andimpound the radio er at4ntl
device concerned as evidence of the violation.
Sec. 5 Civil Penalties. Violation of the ordinance may be punished by a
civil penalty or not less than Fifty Dollars
(850.00) and not more than One Hundred Dollars ($100.00), or by
impoundment of the radio or
sound g
device which w operated in the
commission
o
of such violation for a period not toexceed thirty (30)
days, orboth. Provided that any person cited for a violation of this
ordinance may waive his or hen right to appear and defend the citation
upon payment of a Fifty Dollar ($50.00) minimum fine. Upon receipt of
s
the w r fee, the radio t sound device will be returned to its owner
r hisor her designee. In vr
the event that the radio t sound device is
attached to t s part of a motor vehicle, the vehicle will be releasedi
to the registered owner
upon receipt of the waiver fee, and all towing.;
and storage charges have been paid.