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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. t OPIUM, � Manager's Coments: 7101 . City Manager A660Ciated Inforsationt Ordinance{ Meme Finance Director � � �w City Solicitor Passage % First Readin�g � n = Referral do'^"r" b Page 1 of 2 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