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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). 1.r Zd G r� s .��a..�—, f O, 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.