HomeMy WebLinkAbout1992-07-13 92-348 ORDINANCECOUNCIL ACTION 92 I4a
Date July 13, 1992 Item No.
Item/Subject: emending Chapter VI, Article 16 of the Ordinances of
the City of Bangor -- Radios and Sound Devices
Responsible Department: Legal
These two amendments have been prepared at the request of the
Police Department. See Memo from Don Winslow attached.
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City Manager
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Finance Director
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City Solicitor
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92-348
A 'FnOd to Cmamy(W .Soucy, July 13, 1992
CITY OF BANGOR
(TITLE.) Mrb t Amending Chapter VI, Article 16 of the
Ordinances of the City of Bangor -- Radlas and Sound Devices
Be it ordaiatd 6y tlu City Couneilo w C(ty dBauyor, d ldlnw+:
(1) THAT Chapter VI, Article 16,. Section 3 of the Ordinances of
_. the City of Bangor be amended to read as follows:
Sec. 3 Operation of Radius and Sound Devices. Nopersonshall
operate a radio
or sound device onanystreet, sidewalk or other public
way in the City of Bangor €s-the-a€Ey<e snots}_gas#eels
see insuch a u
s to c a disturbance of the
peace, or to annoy,1eharass, oroffend any person. A radio
or and device shall be deemed to have been played i
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 person operating the radio
or device to reduce the volume level.
and be it further ordained,
(2) TEAT Chapter VI, Article 16, Section 5 of the Ordinances of the
City of Bangor be amended to read as follows:
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
a§tee#n§-5e-#mpeuedrieeE-a€-Ehe-Yad#e-ex-eased-dev#ee-eee-
eaed-ver-fee, ted-a€-Eh#r€ysound-days. Upon receipt of
the waiver fee. the radio or sound device will be returned
to its owner or his or her tachenae. In the event that the
radio or sound device is attached to or is hart of a motor
vehicle, the vehicle will be released to the reared storage owner
coon receipt of the waiver fee, and all towing and storor age
shames have been Haid. -
92-348
ORDINANCE
( TITLE,) Amending Chapter VI Article
116
of the Ordinances of the City of Bangor
Radios and Sound DeyiCeS
City Council July 13,1992
at Reading Referred to
ropriate Committee Asd pedm
ity Clerk Caves CI
Vote iTD[D%ssage114 eayl NO
Voting yes Bleacci, Bragg, Cohen,
Frankel, Sawyer, saxl,Bouey, Store
Voting NO Blanchett�e�)J
S/1NCXAn.r./
City Clerk
92-348
sectorsntlum
To: Erik Stumpfe
From: Don Winslow
Re: Amendment to ordinance
Chapter VI; Article 16; Radios and Sound Devices
Date: 06/16/92
To follow up on our phone conversation, I would like to see the
following change made to this ordinance:
Sec. 5 CivilPenalties-
..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. Upon
i f h 1 f h d' d d3sahlm
d ill b d to its pwbgr or his ner designee,
in the event that the di d 9)M dev as is
attached to or is Part of a motorh3 1 h vehicle 'll
be released to thed owner upon receipt Of the
waiver fee, and all towina and storage charges have been
paid•"
also, I was discussing this ordinance with Chief Harriman. He
believed that it had been amended in Council to be city wide, and
not restricted to the city's central business zone, as described
in Section 3. You may wish to confirm that change.
I appreciate your assistance in this matter. If you have any
questions please give me a. call at 947-7364 ext. 230.
Thank you.
cc: Chief Harriman
10,
JUN 2 N 1992
LEiat OarARNIALJi