HomeMy WebLinkAbout1995-05-22 95-237 ORDINANCECOUNCIL ACTION
Item No. 99-217
Date May 22 1995
Item/Subject Amending Chapter VI, Article 11 of the Laws and
-
Oidinances of the City of Bangor -- Regulating Parades
Responsible Department: Legal
The attached amendments to the City's Parade Ordinance would
prohibit the practice of picketing individual residences and
dwellings in the City of Bangor by means of a stationary picket.
These amendments are proposed for the purpose of protecting
Bangor's residential neighborhoods and to prevent breaches of the
peace. Point-to-point marches which pass throng residential
neighborhoods, and stationary pickets of business and commercial
properties, would continue to be permitted, provided a parade
permit is first obtained, as at present. The ordinance amendments
would also ie the maximum fine for a repeat offense from
$100.00 to $500.00.
Department Head
Manager's Comments: .lX/,411+1� __ eqg
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Associated Information:p
Finance Director
City IAIOr '
Passage
x First Reading
Referral Page 1 of 4
95-23]
(AMENDED)
Assigned to Councilor
CITY OF BANGOR
(TITLE.) 1Mrbhuftxle .._Amending_ Chapter Vl,....AFCZCI.e 11 of. th Laws .............
& ordinances of the City of Bangor -- Regulating Parades
Bo d omWa by W My Cemarl oftW My of D* ,. as Mbw:
WHEREAS,
the City of Bangor has a compelling interest in
protecting its residential neighborhoods through
e of safety,
measures that will preserve the sense
well-being, tranquility and privacy that Bangor
residents currently enjoy within their individual
homes; and
WHEREAS,
the City of Bangor also recognizes and seeks to
protect the rights of individuals and organizations
to peaceably as emble, petition, debate, demonstrate
and communicatetheir views on social and political
issues, and
WHEREAS,
recent organized protests within the City of Bangor
for the first time inmemory, have targeted
individual residents ofthe City of Bangor by means
of stationary pickets outside individual homes of the
residents concerned; and
WBEREAS,
the practice of targeted picketing before orabout
individual private residences and dwellings causes
emotional disturbances and distress to the occupants
of those residences and dwellings and subjects them
to unwanted, intrusive communications which the
occupants cannot avoid; and -
WHEREAS,
targeted stationary pickets of individual residences
and dwellings constitute a of individual
son
privacy, have a harassing effect the occupants of
the residences and dwellings picketed, and tend to
incite breaches of the peace; and
-3- 95-237
(AMENDED)
VI
(2) THAT Chapter -£u Article 11 be amended by adding a new
Section 5-A, as follows:
Sec. 5-A Residential Pickets Prohibited
(1) No person
shall participate i ticket
before o about the residence or dwelling of
say individual h f Bangor. N
parade permit shall be issued for this
VI
(3) THAT Chapter -PV, Article 11, Section 14 be amended to
read, as follows:
Sec. 14 Penalties. Any person, firm or corporation,
convicted of violating any of the
provisions of this ordinance shall be fined in
an amount not exceeding One Hundred Dollars
($100.00). Th i fine shall be
increased to Five Hundred Dollars ($500.00)
for each repeat offenegh'
period. Each day's violation for which a
separate citation is issued shall constitute a
separate offense
vi
(1) THAT Chapter iAF, Article 11, Section 2 of the Laws and
Ordinances of the City of Bangor be amended to read
as follows:
Sec. 2 Definitions.
(2) "M h" means any organized movement of
persons
n
vehicles n foot alonga fixed
route, rfromoneint to another, other
han for o d'
171 42i "Parade" isany parade, picket
march or precession of any kind in or upon any
street, park, sidewalk or other public way in
the city.
14)- 43} "parade Permit" i a permit as
required by this Ordinances
151 44} "Person" is any person, firm,
partnership, association, corporation, company
or organizationof any kind.
(6) "Picket" m Person or oos
stationed means
building hf d
location. ad during a strike or boycott. eo
protest.
-2- 95-237
(A)ENDED)
WHEREAS,
the City's Ordinances do not currently address the
issue of targeted stationary picketing of individual
residences and dwellings; and
WHEREAS,
a narrowly -tailored prohibition of targeted
stationary picketing of individual residences and
dwellings will leave ample alternative means o£
communication for those wishing to utilize the City
of Bangor's public streets for marches, protests,
pickets or demonstrations or to otherwise express
their views; and
WHEREAS,
a prohibition of targeted stationary picketing of
individual residences and dwellings is necessary to
protect Bangor residents in the peaceful, quiet
enjoyment of their individual homes;
NOW, THEREFORE, be it ordained by the City Council of the City of
Bangor, as
follows:
vi
(1) THAT Chapter iAF, Article 11, Section 2 of the Laws and
Ordinances of the City of Bangor be amended to read
as follows:
Sec. 2 Definitions.
(2) "M h" means any organized movement of
persons
n
vehicles n foot alonga fixed
route, rfromoneint to another, other
han for o d'
171 42i "Parade" isany parade, picket
march or precession of any kind in or upon any
street, park, sidewalk or other public way in
the city.
14)- 43} "parade Permit" i a permit as
required by this Ordinances
151 44} "Person" is any person, firm,
partnership, association, corporation, company
or organizationof any kind.
(6) "Picket" m Person or oos
stationed means
building hf d
location. ad during a strike or boycott. eo
protest.
95-23)
Amipmdto Councdor Frankel May 22, 1995
CITY OF BANGOR
(TITLE) Mrbinmxg; »mending_ Chapter vi,,,Article 11 of the Laws....
a Ordinarines of the City of Bangor Regulating Parades
Beit ordained by W My Causes of Um CRy o/Banpor, wfdlowu
WHEREAS,
the City of Bangor has a compelling interest i
protecting its residential neighborhoods through
measures that will preserve the sense
e Of safety,
well-being, tranquility and privacy that Bangor
residents currently enjoy within their individual
homes; and
WHEREAS,
the City of Bangor also r cognizes and seeks to
protect the rights of individuals and organizations
to peaceably assemble, petition, debate, demonstrate
and communicate their views on social and political
issues; and
WHEREAS,
recent organized protests within the City of Bangor
for the first time inrecent memory, have targeted
individual residents ofthe City of Bangor by means
of stationary pickets outside individual homes of the -
residents concerned; and
WHEREAS,
the practice of picketing before Or about individual.
private residences and dwellings causes emotional
disturbances and distress to the occupants of those
residences and dwellings and subjects them to
unwanted, intrusive communications which the
occupants cannot avoid; and
WHEREAS,
stationary pickets of individual residences and
dwellings constitute an invasion of individual
privacy, have a harassing effect on the occupants of
the residences and dwellings picketed, and tend to
incite breaches of the peace; and
95-23]
-2-
WHEREAS, the City's ordinances do not currently address the
issue of stationary picketing of individual
residences and dwellings; and
WHEREAS a narrowly -tailored prohibition of stationary
picketing of individual residences and dwellings will
leave ample alternative means
of communication for
those wishing to utilize the City of Bangor's public
streets for marches, protests, pickets or demon-
strations or to otherwise espreas their views; and
WHEREAS, a prohibition of stationary picketing of individual
residences and dwellings is necessary to protect
Bangor residents in the peaceful, quiet enjoyment of
their individual homes;
NOW, THEREFORE, be it ordained by the City Council of the City of
Bangor, as follows:
vi
(1) THAT Chapter -IV-, Article 11, Section 2 of the Laws and
Ordinances of the City of Bangor be amended to read
as follows:
Sec. 2 Definition@.
(2) "Ma h" means any organized movement of
persons in vehicles or n foot along
route, r from oneint to another. other
than for ord'na o
(3). 121 "Parade" is any parade, picket
march or procession of any kind in or upon any
street, park, sidewalk or other public way in
the city.
121 13i "Parade Permit" is a permit as
required by this Ordinance.
(5)- 40 "Person" is any person, firm,
partnership, association, corporation, company
or organization of any kind.
(6) c
"Priket` means a r so
stationed afbuilding or otherfixed
locations duringstrike or boycott, to
exnresaa rotes[
95-23]
-3 -
VI
(2) THAT Chapter 4 , Article 11 be amended by adding a new
Section 5-A, as follows:
shall(1) No Person 1picket
before or about the residence or dwellino of
any individual in the City of Bannon. No
Parade Permit shall be issued for this
(3) THAT Chapter 3V', Article 11, section 14 be amended to
read, as follows:
Sec. 14 Penalties. Any person, firm or corporation,
convicted of violating any of the
provisions of this Ordinance shall be fined in
an amount not exceeding One Hundred Dollars
($100.00). The maximum fine shall be
Increased to Five Hundred Dollars (5500.00)
for each repeat offense within a
a
Period Each day's violation for which
separate citation is issued shall constitute
separate offense.
95-23)
OFDINANCE
IN CITY COUNCIL
May 22, 1995 ( TITLE.) Amending Chapter VI Article L1 of
First Reading the taws S Ordinances of tb, City of Bangor -
ReferNBd to Appropriate Coemlttee Regulating Parades.
ITT CL
IN CITY COUNCIL Ae®gned to
June 12. 1995 >
Peeved As Amended By Substitution
Vote: 9 Yes (SINN
Councilors Voting Yes:
Baldacci,Blanchette, Cuban,
Frankel, Popper, Soucy,
SuTy 7r a woodcock
n�
-CITY E.QH