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HomeMy WebLinkAbout1992-03-23 92-187 ORDINANCEDate `V03-23-92 hem No. 92-187 Amending Chapter vI of the Ordinances of the City of Item/Subject: Bangor -- Radios and Bound Devices Responsible OepartmenC Commentary: This item would create a new ordinance prohibiting excessively loud radio noise in the downtown area. This is a result of a recommendation by the Committee to Improve the Streets of Downtown Bangor. The item is offered under suspension of the rules because it was not ready in sufficient time to be included in the regular agenda. Council action on the item should be limited to a first reading. The substance of the proposed ordinance has previously been discussed by the Council's Municipal Operations Committee. Prior to final passage, the Council may wish to refer this item back to the Committee for a final review. Note May, 11,1992 _ gevision included turrets by substitution Mn Dap,n,.am x�se Manager's Comments: City Monger Assomaten Information: Butlge[Approval: m e[ Dirta Legal Approval: v Cox S'dide" Introduced For o Passage ❑First Reading ❑ Referral Page _ of_ 92-182 Amimed to Counegar Stone Amended Copy CITY OF BANGOR (TITLE.) Aprbht=e� Amending Chapter VI Of the Ordinances of the City of Bangor -- Radios and Sound Devices Be ordai by the City CommoU offtA City of Bangor, ae Mauve THAT Chapter VI of the ordinances of the City of Bangor be emended by adding a new Article 16, to read as follows: ARTICLE 16 RADIOS AHD SOUND DEVICES Sec. 1 Title. This Ordinance shall be known and may be cited as the ^City of Bangor Sound Device Ordinance." Sec. 2 Definitions. For purposes of this Ordinance, the following words shall have the following meaning: .(a) Central -Business tone. That portion of the City of Bangor. designated as: the Wwntown-8evelopmentr District as defined in Chapter viii, Articla'i},,. Section 6 ofJ a Ordi'nandeb-of the City of Bangor: andIn' the "Zoning, map of the: City of Bangor", as amended. (b) City. The City of Bangor. (c) Operate. To use a radio or sound device for the amplification or projection of sound. (d) Radio. Any hand-held or portable radia, tape player compact disc player, "boom box", 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 motorcycle. 92-187 Amignedto Coumflor Stone Haach 23,1992 CITY OF BANGOR (TITLE) Mr[1iu8luea.._Amanding_Chapter VI. of.. the _ordinanaea pt the....... City of Bangor -- Radios and Sound Devices Ba K ontainad by Um IXry Casual of tha City dBasyor, nfoR . THAT Chapter VI of the Ordinances of the City of Bangor be amended by adding a new Article 16, to read as follows: ARTICLE 16 RADIOS AND SOUND DEVICES Sec. 1 Title. This Ordinance shall be known and may be cited as the "City of Bangor Bono Box Ordinance.^ Sec. 2 Definitions. For purposes of this Ordinance, the following wordsshall have the following meaning: (a) Central Business zone. That portion of the City of Bangor designated as the Downtown Development District as defined in Chapter VIII, Article 14, Section 6 of the Ordinances of the City of Bangor and in the ^Zoning Map of the City of Bangor", as they may be amended from time to time. (b) City. The City of Bangor. (c) Operate. To use a radio or sound device for the amplification or projection of sound. (d) Radio. Any hand-held or portable radio, tape player compact disc player, -boom box", portable stereo player capable of playing or reproducing broadcast or recorded sounds in frequencies and at levels audible to the human ear. The term "radio" includes radios, 'tape players, compact disc players, boom boxes", or stereo players installed in an automobile or motorcycle. 92-197 ORDINANCE ( TIT1E,) Amending Chapter VI of the Ordinances of the the City of Bangor Radios and Sound Devices in City Council March 23,1992 Refer to Municipal operations Vote 6 Yes 3 No Voting yes Bragg,Cohen,Samye Mdgned to No Baldacei.Blanchette,Ftankel (,(pyp(ymm In City Council May 11,1992 Amended by substitution and further amended by deleting (a) central business zone under sec. 2 and also changingb,c,d,e toa,b,c,d Vote for amendment yea 2 no oting yes Bragg,Cobe Ftaukel,Savyer,Saxl,Soucy,Stone voting No Baldaccl.3alnchette ote for passage as amended yes 2 n oting yes Bragg.cohen,Frankal, sawyer,Saxl, Soucy, Stone. otid¢ No Baldaccl.Balnchette (d) Sound Device. Shall mean any electrical or mechanical device other than a radio, e.g., sound trucks, two-way radios, loudspeakers, megaphones or cellular phones capable of amplifying and projecting ambient, spoken, recorded, or other sound. Sec. 3 Oseration of Radios and Sound Devices. No person shall operate a radio or sound device on any street, sidewalk or other public way in the City's Central Business Zone in such a to cause a disturbance of the peace, or to annoy, harass, harass, or offend any person. A radio or sound device shall be deemed to have been played in an annoying, harassing or offensive manner when the volume of sound generated by such radio or sound device is discernibly antlible to a Person more than five (5) feet away, is sufficiently loud to interfere with ordinary conversation at that distance, and continues in a duration for more than one (1) minute at a time, or for a total of five (5) minutes in any hour. Sec. 4 Enforcement. Any member of the Bangor Police Department is authorised to enforce this Ordinance upon complaint, or upon the officer's own observation of a violation in progress. An officer enforcing this Ordinance shall issue a written citation in hand or by certified mail to the person the officer shall deem responsible for the violation, directing such person to appear before the Maine District Court at a specified time and date to answer for the violation. In addition, any officer enforcing this Ordinance upon personal observation shall be authorised to seise and impound the radio or sound device concerned as evidence of the violation. Sec. 5 Civil Penalties. violation of this Ordinance may be punished by a civil penalty of not less than Fifty Dollars ($50.00) and not more than One Hundred Dollars ($100.00), or by impoundment of the radio or sound device which was operated in the commission of such violation for a Period not to exceed thirty (30) days, or both. Provided that any person cited for a violation of this Ordinance may waive his or her right to appear and defend the citation upon payment of a Fifty Dollar ($50.00) minimum fine, and by agreeing to impoundment of the radio or sound device con- cerned for a period of thirty (30) days. (e)" Sound Device. Shall mean any electrical or mechanical V` device other than a radio, e.g., sound trucks, two-way radios, loudspeakers, megaphones or 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 or sound device on any street, sidewalk or other public way in the City's Central Business Zone in such a manner as to cause a disturbance of the peace, or to annoy, harass, or offend any person. A radio or sound device shall be deemed to have been played in an annoying, harassing or offensive manner when the volume of sound generated by such radio or sound device is discernibly audible to a Person more than five (5) feet away, is sufficiently loud to interfere with ordinary conversation at that distance, and continues after a request has been made to the per operating the radio or device to reduce the volume level• Sec. 4 Enforcement. My member of the Bangor Police Department is authorised to enforce this Ordinance upon complaint, or upon the officer's own observation of a violation in progress. Upon the commission of a first violation, an officer enforcing this Ordinance shall issue a written warning citation in hand or by regular U.S. mail to the person operating the radio or sound device. Thew ming 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 commission of any subsequent violation of this Ordinance by the same person within 160 days after issuance of a warning citation, the enforcing officer shall issue a second written citation in hand or by certified mail to the person concerned. The second citation shall state the date, time,,clocation and nature of the second or subsequent violation and shall direct the person operating the radio or sound device to appear before the Maine District Court at a specified time and date to answer for the violation. In addition, any officer enforcing this Ordinance, upon observing a second or sub- sequent violation, shall be authorised to seise and impound the radio or sound device concerned as evidence of the violation. - Sec. 5 Civil Penalties. Violation of this Ordinance may be punished by a civil penalty of not less than Fifty Dollars ($50.00) and not more than One Hundred Dollars ($100.00), or by impoundment of the radio or sound device which was operated in the commission of such violation for a period not to exceed thirty (30) days, or both. Provided that any person cited for a violation of this Ordinance may waive his or her right to appear and defend .the citation upon payment of a Fifty Dollar ($50.00) minimum fine, and by agreeing to impoundment of the radio or sound device con- cerned for a period of thirty (30) days.