HomeMy WebLinkAbout1987-06-23 87-241 ORDINANCECity of Bangor -- Departmehtal Reorganization
Be it mdaiud by the MY Councl6 of the wfot/owe:
THAT all of Chapter II of the Ordinances of the City of Bangor
be repealed and replaced with the following: (Attached)
8I-241
Introduced
by Councilor Shubert,
Tune 23, 1987
CITY
OF
BANGOR
(TITLE) (OTDIpffitt0t
Repeal of
Chapter
II of the Ordinances of
the
City of Bangor -- Departmehtal Reorganization
Be it mdaiud by the MY Councl6 of the wfot/owe:
THAT all of Chapter II of the Ordinances of the City of Bangor
be repealed and replaced with the following: (Attached)
87-241
ORDINANCE
In City council June 23.1989 Repeal of Chapter II ( TITLE') +8%. A,8
consider let meeting in.. July of the ordin cea of the Cltp P *�
City of Bangor-eDepartmental y� CITY CfBVqEA'o
OR
mtl
ReorganizationYCIERR
City clerk//t =e1 Ey,
vwuman
In City Council July 13.,1987
Withdrawn
CSAP11iR II
AR!'[CIS 1 - GFNEPAI, AL}IINISTFATIVE P%ARSIIXS
Sec. 1 Departments Established The following Wpatt is of the City of
Bangor are estahlisl d:
(a) Executive Deparhment
(b) Iagal services lapar t
(c) aaninistrative Services Department
(d) Cnmunity Deeources Department
(e) Mi oft Department
(f) police Deparment
(9). Fire Department
(h) Public services Department
(i) Deieicpment Department
(j) Bass Park Mpart t
sec. 2 i ctions. Each Department shall perform all functions prescrihetl
for said Depadhaent an er the City Charter, uMer Nis
CMiname, aM as otherwise provided by law.
Sec. 3 Dela nt Heads. Unless othemise provided by law, all department
heads shall be appointed by t10 City Manager, on
the basis of merit aM fitness alms, subject to confirmation by
the City Council.
3.1 Duties. Each departmant head shall perform all duties
assigned to his or her respective position
uuWer this oMinance or as otherwise i:poseI by law. Each
department Mad shall also perform such a69itimal duties
as may be required frau time to time by the City Manager
or the City Council.
3.3 Monthly Report. Each mm every department head stall
submit a written report to the City
Manager of the activities of his or Mr department for
tM preceding month.
CHAPtER II
ARTICLE 2 - E%ECM2 [ePAk1MENT
Sec. 1 Executive Department PunC[ions. 'this Department -shall administer,
inordinate and snpervise all
activities of the City's administrative structure.
Sec. ] city Manager. There shahbe a
who ensua
intwd e ssrrve theChiefExecutiveExecutithe ve
council,
aM pominis[eative Officer of the City of angor.
2.1 Curies. In addition to each duties as may be hPoem by
law or required from time to time by the City
council, the City Manager shall:
(a) Attem] CaunCil Meetings. Attend meetbgs of the
City Camcil, am reacumend
for mWtim such measures as he may dere, expedient.
(b) Appoint and Dismiss 0,wlOIamO- AWO'ai, accordug
to the provisions of
the City Charter, qualified officers am egnloyeas W
the administrative service and shall nave the Power
W dismiss, suspem ani discipline all such emPloyeas
in actvrdance with such rules and mgulatims as may
be mcptm by the City COuncil. Ie shall requite the
faithful perfommnce of all administrative officers
am small have the authority W authorize a department
head at officer responsible W him W appoint and
resume subordinates serving under that department head
or officer: he shall also have the authority W appoint
assistant, deputy or acting department basis as may
he required in the absence of the department head.
Ic) Annual Report. Prepare am present W the Council
an Arcual Report of the City's
affairs ad such other resports as the Council shall
require.
(d) Mudge[ Remr[. eanvaal WagersssWwiug estimates of mwnt to the Council an
the firmcial needs am resW[Ces of the City for each
ensuing year, including a program of activities within
the financial parr of the CitY, wMhmYl g in it a
budget document with proper supporting schedules am
analyses.
(e) Prescribe imles. Prescribe such rules ane reguletims
as to shelf deem necessary Or
expedient for the onmrOt of administrative agencies
subject W his authority, am to make, suspend or
areal any rule or regulation of the administrative
service by whomever Prescribed.
Ifl Investigations. Investigate, examine or inquire into
the affairs or operations of any
department, division, Damao or office under his
control and to oonduct t1he same in other depxboents
mat under his control when so autborixed by the City
coon il.
191 Cannittee r000intments. Appoint such aaninistrative
manittees as he shall find
necessary for the proper consideration of amministrative
psdlems. Such committees shall meet an tta request
of the City Manager and shall make such recrnmendations
on matters referaed to than as they shall find necessary
for the best interests of the City.
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Q PfSk Ix
P0.TICIE 3 - IK.PL SERVICES ESPANR1Qlf
Sec. 1 I¢]al Services DeCaRmen[. This W r went shall consist of the
xagal Division and tad Aesessilg
Division and shall be under Hre general supervision and control of
the City Saticitor.
Sec. 3 City solicitor. fhors shell is a City Solicitor apointe3 by the
Qty O>unc11.
Sec. 3 Isaal Division. The legal Division shall M under the direct
supervision and control of the City solicitor
ard shall perform t1he following functions:
(a) Mvice. The legal Division shall give Mvice to all
City officers and employees spm their request.
when appropriate, the advice shall te in rritiy.
(b) Formal Opinion. Any city councilor, the bead of aw
a"Tonent or tad City Manger may at any
time r st a formal opinion on a question relating to
city gwernaMot Or city Weiress. Its legal Mvisim shell
lsepaze the formal opinion.
(c) Po resentation in Civil litigation. The City Solicitor
shall repesent de
City in all Civil litigation. Ila City Solicitor is
auttnri N w file all roses anal civil actions of all kinds
required in his opinion W protect tis, interests of the City.
foe City Solicitor is also authorized w defend all matters
on Mhalf of the City.
(d) Prosecution of onlinanm violation CasaS. TTe U e Division
shall prosecute
all ordinance violation casae filed on behalf of the City.
(e) PreNratim of orditames. The legal Division shall prepare
ordinances for submission to the
City Gsncil at the r yvest of any matter of tad City (basil
or the City"ager.
(f) other Documents. The Legal Division shall draft all deeds
and otMr instruments which may ba tegurred
in tad affairs of Ue City.
(g) Additional counsel. hfien, in tine Winim of the City
Council, it MY bacons necessary to lave
the aid of additional counsel, the legal Mvisim shall " ca
such counsel at the expanse of the City.
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Sec. 4 Assessing Division. it shall be the function of this Division:
(a) Establish Proparty valoations. To establish equitable
valuations on all pr iaerty,
both real and personal, for t1na purpose of taxation.
(b) Prepare Assessment iblls. Tb prepare all work in connection
with the preparation of all
assessment rolls and levy taxes therefrom.
(c) aWteirent iucois. To keep a recd i of abatenent of taxes
which shall at any time be all . This
ream, shall contain the nare of the persons whose taxes may
be abated, in w ole or in part, the amount originally assessed
a the amount abated, with the reason for the abatenent, and
said recoaa shall be open to the inspection of arty person who
may be interested therein.
4.1 Gief Assessor. There shall be a Chief Assessor, appointed
by the City Council, who shall have direct
supeevisrn ani control of the operation of the Division.
CINP1£R II
ARFICIE 4 - ADKINISIMTIVE SERVICES DEPARIMEW
Sec. 1 eduinistrative Services Department Established. This Department
shall consist of
the Finanrv;
¢ Division, Perael Division, Records DiVisims Central
Services Division, and shall he under the general supervision and
onntrol of the Administrative Services DirecWr.
Sec. 2 Administrative Services Director. The Administrative Services
Director shall he appointed by
the City Manager, subject W wnfinnation by the City Council.
Sec. 3 Finance Division. It shall be the faction of this Division W
recoW and manage all financial transactions,
�enues, aisbursemente of the City. Ibis DiviSim shall
performall necessary analyses, projections anal planning as W the
financial needs of the City; shall take all necessary action for
the borrowing of funds as may he authorized by the City Council;
and shall be responsible for the prudent investment of City funds.
3.1 Finance Director. Ibem shall be a Finanta Director appointed
by the City Manager, subject W confirmation
by the City Council. He or she shall perform such duties and
assume such responsibilities as are imposed on the Finantt
Director under the City Charter. In the performance of such
duties, the Finance Director shall make the following Calcu-
lation from the annual audit report to detemine the existence
of.a General fund Cash Surplus or General Fund Cash Deficit:
Combine the cash balances of the General Fund and
Enterprise Fads; deduct the currant liabilities
of each of the above referenced funds (ircludib]
Encumbrances and current portion of Enterprise
Purls lag -tern debt), but excluiing any arc nts
sue between funds. In addition, deduct the
reserves of the General Fund designated for a
specific purpose, excluding num-cash related mounts.
A positive result will be a cash surplus and a
negative result will be a cash deficit.
3.2 Audition Section. Ibis section shall operate and maintain
the central accounting systan of the City
under the direct supervision and control of the Finance
Director.
3.2.1 Auditor. Ibere shall he an Psditcr, also to be known
as fx uty Finance Dire for Mditirg), W
be appointed by the City Manager, subject W
confinmation by the City Council. The Auditor shall
have direct control and supervisim of the opemtions
and employees of the AWitim Section, subject W the
general supervision of the Finance Director.
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3.3 Treasury Section. There shall be a Treasurer, also to be
known as Deputy Finance Director (Treasury),
to be appointed by the City Manager, subject to confirmation
by the City Council. the Treasurer shall have direct control
and supervision of the operations and erployees of the
Treasury Section, subject W the general supervision of the
Finance Director.
3.4 Tax Collection Section. 'Pais Section shall perform all
functions imposed by law for the
collection of municipal taxes. -
3.4.1 Tax Collector. There shall be a Tax Collector, also
W he known as Deputy Finance Director
(Tax Collection), W he appointed by the City Manager,
abject W confirmation by the City Council. The Tax
Collector shall have direct control and supervision
of the operations aha employees Of the Tax Collection
SeCtim, subject to the general supervision of the
Finance Director.
3.5 Data Processing Section. This Section shall Operate and
maintain the City's meputer systan,
and shall provide all computer services as may be required
fran time W time by the City. All employees of the Data
Processing Section shall be appointed by the x inistrative
Services Director, subject W confirmation by the City tyaneger.
3.6 purchasing Section. Except where otherwise required by law,
the sale, lease or rental of City -ow d
property, real ate personal, aha the purchase, lease or rental
of all supplies aM/or services for Che City, its several
departments, boards and agencies, shall he performed by the
Purchasing Section in accordance with regulations pmrulgated
by the Purchasing Agent and approved by order of the City
WUncil.
3.6.1 Purctusing Agent. There shall be a Purchasing
Agent appointed by the Administrative
Services Director, subject W cunfirmation by the City
Council. The Purchasing Agent shall have direct control
and supervision a the operations and enployses of the
Purchasing section, subject W the general supervision
of the Administrative Services Director.
3.7 Insurance Section. 'this Section shall procure sura administer
all insurance policies and self-insured
funds of the City. 'Die Insurance Section shall be under the
supervision and control of the Adninistrative services
Director.
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3.7.1 Insurance Advisory Committee. There is hereby authorized and established
n Insurance Advisory Committee to consist of
three (3) people who shall be appointed by the City Council. Members of
this Committee shall not engage or be engaged in the business of selling
insurance, either directly or indirectly, to the City of Hanger, and shall
serve without compensation.
3.7.1.1 Members Appointed. Of those first appointed to the Insurance Advisory
Committee, one person shall be appointed to serve
for a one year term, one person shall be appointed to serve for atwo
year term and one person shall be appointed to serve for a three year
term. Thereafter, members shall be appointed annually to serve terms
of three years expiring on December 31 of each calendar year, or their
successors a
e duly appointed. Any vacancy created in the Committee
shall be filled by appointment by theCity Council for the remainder of
the term.
3.7.1.2 Duties of the Committee. The duties of the Insurance Advisory
Committee shall be to hold regular meetings
and to advise the City Council, the City Manager and the purchasing
Agent with respect to the administration of the City's insurance program.
3.7.1.3 Chairman of the Advisory Committee. The Chairman of the Insurance
Advisory Committee shall be chosen
at the first meeting of the Committee each year by vote of the Committee.
3.7.1.4 Ex-0fficio Members. Any insurance agent who may be awarded any part of
the City's i a program shall serve as an
ex -officio member without vote, of the Insurance Advisory Committee
during the term of insurance coverage by his agency.
3.8 Stlxnl Test Fords. The following funds shall he held in
trust by the Finance Division:
3 . 8 . 1 Hersey Fund. The fund of one hundred thousand dollars heretofore received
from the trustees of the will of the late Samuel F. Hersey, in
adjustment of his bequtst to the City of Bangor, shall be forever held in
trust by said City, in the manner and for the objects hereinafter provided.
3.8.1.1 Income of Food Fixed. The annual income of said fund is hereby un-
alterable fixed at four thousand dollars; to be
perpetually administered as hereinafter provided, and to be paid by
the City Treasurer by the order of the City Manager, and without
further action of the City Council, in equal quarterly payments on the
first days of January, April, July and October of each year, forever
to the trustees of the Hersey Fund provided by Section 14, of Article V
of the City Charter.
3.8.1.2 Investment of fund. The City Treasurer shall make no investment of,
or expenditures Of any portion Of said income,'
without the approval of said board of trustees.
3.8.1.3 Use of Fund. Said board Shall devote the net annual in of said
fund th the perpetual maintenance of the Bangor public
Library, as How existing and establisbed under the authority of the
City Council and in pursuance with an agreement made and entered into
between the trustees of the Hersey Fund, and the Bangor Mechanic
Association, May 2, 1882, and ratified by the City Council, June 5, 1883.
3.8.1.4 Board Responsibilities to Council. Me said board shall annually pre -
ant to the city Council, at the
close of the municipal year, a report of their action under said trust
With a specific statement of all receipts and disbursements on account
of the said income for the year than ending.
3.8.2 Library Fuad. For the purpose of maintaining a free public library
and hereafter provide for the necessary expense of Such
amintneuace, there shell be annually appropriated by the City Council
under the title of "Library, Fwd" a am sufficient W meet the estimated
current expense of maintainigg such library for the benefit of the
public; such appropriation to be in charge of and expended ander the
direction of the trustees of the Hersey Fund.
3.6}3 Holton public School Fund. Me sum of two thousand dollars bequeathed to
the City of Bangor by the will of Albert Holton, for the "Motion of public school
education, shall be designated as the "Holton Public School Fund".
3.".10epait of Fund. This fund shall be deposited in the treasury of the City of
Bangor, which City shall hereafter and forever annually pay to the trustees hereinafter
designated, interest thereon at the rate of five per cent per annum.
3.8 3..0. Trustees Appointed. ITS Superinten ing School Committed of the City of Bangor
and their s s in office are hereby constitutes the Board of Trustees of the
Holton Find aid S ehereby clothed With power to receive
and use the interest of
said fund for the purposes stated, and to discharge their duties under this ordinance
in such manner as shall in their judgment best accomplish the intent of the testator.
3.8.3..3 Use of Accrued Fund Interest. MeTrustees
shall annually use the interest
received by them, as hereinbefore authorized, for the promotion of public school
education in whatever ways they my from time to time devise.
3J8 4 French Wool Fund. T"e sum of fou[ thousand seven hundred aM fifty dollars
bequeathed to the City of ranger by the will of Charles E. French, late of Boston.
Massachusetts, deceased, for the purchase of silver medals to be distributed to the
Pupils of the public schools, shall be designated as the "French Medal Fund".
3.8.41 :,vestment of Fund. The am of four thousand seven hundred and fifty, set np
n Section 10 of this Chapter, shall be invested in U.S. Ward Bonds, Series G. and
the City shall hereafter and forever annually allow and Pay to the trustees hereinafter
designated, such rate of interest as shall be received upon said investment and the
City shall hereafter and forever annually allow and pay to the trustees hereinafter
designated s much of the interestreceived ved upon other money being a part of this
fund which has been received by way ofaccumulated income as may beary to
carry out the intent and purpose of the original gift of said CharlesR.BFrench.
C'L
3. b. 4.✓ Trustees Appointed. the aupeuude,C'•cp ----- _
and their s office are hereof constituted the Board of Trustees of the French
Medal Fund and are hereby clothed with ewer to receive and use the interest of said
funds for the purposes stated, and to discharge their duties under this Ordinance in
such manner as shall in their judgment beat accomplish the intent of the testator.
3,8.9.3 Use of Fund Dividends. The Trustees shall annually provide for and purchase.
from the Snteresbs i1W by them as hereinbeforeauthorizerl, silver medals to be
distributed to the pupils of the public schools i such manner as shall in their
judgment best accomplish the intent of the testator
S.1, C szphia KirstainAtuaent Ivan Sued. The tuna of ten thousand dollars heretofor
the creation of a samorial to Sophia Alastair, and to be Kneen add designated a
the Sophia Firstein Student Lawn Fund, shall he forever held in trust by said City
rn the manner and for the objects hereinafter provided.
1 use of Fund. The principal add interest of this fund is to be loaned to worthy
boys and girls of the City of !angor, to help finance their education. Any ]NOT O
girl who has been a resident of the City of Bangor for three years prior to the t
ames
application for loan is made, and who i a resident of said City at the time he Or
she makes application, may apply to the Trustees for a loan from this fund.
V..5.el Administration and Re -Investment of Fund. The administration and reinvestment
of this fund is left entirely to the trustees, subject to certain rules and
regulations which havebeen submitted by the donors, and which have been ratified
by action of the City Council.
f,&. 4 Councilmen Not Eligible for Board Membership. NO member of the City Council
shall be eligible to the office of a member of this board, and the election of the
City Council of any member of the trustees shall Create a vacancy in said board,
and any vacancy arising insaid board shall, for the unexpired term he filled in the
manner above presented by the City Council.
3.$.1 Trustees Sworn to Office. The trustees shall be sworn to the faithful performance
of their duties under the trust, and shall receive no compenstion therefor.
3,ItA Matter provisions Omitted. The provision of this section see provided for by
Section 13, ArticleV of the City Chaatex are here omitted.
3,$.rj Approval of Trustees for Investments. The City Treasurer shall make no invest-
ments of, or expenditures of any portion of said income, without the approval of Baia
board of trustees.
Chairman Appointed. Upon appointment said trustees will elect from their number
one member, chairman, for a term not toe teed six yea Said trustees are to have
power to receive funds or property, to be holden in trust, from any Source where such
funds or property are given fro the advancement of education or for any City imprwemen'
or betterment.
3%.9d Annual Report to City Coudwil. The said board of trustees shall annually present
to the City Council, at the Close of the Municipal year, a report of their action under
said trust, with a specific statement of all receipts and disbursements o of
the said principal i e for the year ending.Insofar as said statement cabemade
without disclosing the names of the borrowers.
(See donor's suggestion filed in office of the City Clerk).
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Sec. 4 Personnel Division. The Personnel Division shall he responsible
for the operation and maintenance of the City's
personnel system. It shall ba the function of this Divisishi
(a) Maintain Rules a Regulations. TO naintain the Personnel
,Idles ani Psgulations dd
the Classification and Canpereation Plan.
Ib) Recruit Personnel. 1b advertise for anal recruit on the
basis of merit aW fitness alone all new
classified personnel for the City of Bangor.
(c) Assist Departments. 1b assist the various depart is in
persamel adninistration, including the
operation of performance rating, the conduct of in-service
training prograne, aha other staff assistance as nay be
deemed necessary ani desirable.
(d) Maintain Records. Tb maintain all personnel records
including emrloynent history records,
performance rating records, sick and annual leave records,
records of proration, disciplinary actions, etc., and any
other personnel records that may he de wi desirable or
necessary.
(e) Maine State Retiranent systmn. ab maintain records and
information ars provide
advice relative to a ployee rights and benefits under
the Maine State Retiraent Systan.
4.1 Personnel Director. There is hereby authorized aW
establishes the position of
Parsomel Director whs shall be appointed by the
anninistrative Services; Director, subject to confinvtion
by the City Manager.
4.2 Civil Service Commission Created. In accordance with
Cbapter V, Sections; 1(a)
and (15) of the City Garter, there is haeefy estaislisbed a
Civil Service Cb mission which shall consist of three (3)
members who shall be appointed by the City Council to serve
tams of three (3) years. The nanbers shall receive W
o pareation for their services. If for any reason a vacancy
shall exist in the mebership of the Civil Service Counission,
the vacancy shall be filled forthwith by the City Council
for the unexpired tern.
4.2.1 Duties. It shall he the duty of the Commission to hear
aM adjudicate grievances of permanent
'e ployees of the Police and Fire Dapsrtments not subject
to grievance procedures provided in collective bargain-
ing contracts, and to perform such other duties a may
W assigned by the City Council frau time W tines
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See. 5 Records Diviaicn. The functions of the Records Division Shall
Hes as follows:
(a) Council Records. To be responsible for the recording,
filing, indexing and safe keeping of
all proceedings of the City Council.
(b) Elections. To conduct, supervise and make arrangements
for all elections, and to keep and maintain
all election records and Have custody of all property
used in connection with elections.
(c) Ordinance Records. To record in full, uniformally and
permanently all ordinances.
(d) personal Property. To keep and maintain all records
volving Mortgages, conditional sales
o
agreements and all other types f agreements Involving
Personal property. I _
(e) Vital Records. To file and maintain all birth, death and
marriage, and such other vital records as
may be prescribed by state statute.
Search of Records. Each request or inquiry requir-
Hall be a inedrb a search of the vital records
:shall$2.00Any
y anadministrativefee of
y record located aa
a result of such search
shall beissued in ertifiedformwithout additional
coat to the requesting party.
(£) Issue Licenses. To issue all licenses and permits and collect
the fees required therefor as provided by
state law or City ordinance. o
(g) Care of Council Rooms. To Have care of the roams in the
City Hall in which the City Council
and committees thereof hold their s and provide all
things necessary for their accommodations,
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5.1 City Clerk. 'there stroll be a City Clerk appointed by the
City Council.
5.2 Records Retention. All records of the City of Sanger
shall be retained and disposed of in
accordance with regulations issued by the Municipal Records
Board pursuant to 30 M.R.S.A. 55 2211 et seq. For p rposea
of this ordinance, the tern "record" scull mean all
documentary material, regardless of media or characteristics,
made or received and maintained by a vunicipality in
accordance with the law or regulation or in the transaction
of its official business.
5.3 Board of Registration. lbere stall be a Board of Registration
forint City of Bangor. All members of
the Board shall be appointed pursuant to 21 M.R.S.A. 5 03, as
amended. It shall be the function of this Board:
(a) Resister voters. to approve application for that
registration of voters in accordance
with State election laws and to remove voters frau the
registration lists.
(b) Receive Manination Papers. To receive nonination papers
of candidates for municipal
Officers Eron tin City Clark and verify -names and
addresses on petition and make other investigations be
determine Nat papers meet requirements of State law.
(c) Maintain Records. To maintain cmmlete records, which
re up to date, of all qualified and
eligible voters in the City of Bangor.
Sec. b Central Services Division. 'the Central Services Division shall
provide all necessary duplicating,
printing and other servicas as nay be required for the operation
of City goverment. The Central Services Division shall also
operate and maintain a stockrnan for office supplies W be used
by the various City departments. All a loyees of the Central
Services Division shall be appointed by the Aduinistrative Services
Director, subject to wnfinnation by the City Manager.
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CHARIER II
ARTICLE 5 - ar44MITY A6CU= DRPARD9tTT
Sec. 1 ccTunity �ces Da arnsent. lh¢ FAmmnnlity Resources D3partsent
shall consist of the Nursing Faci-
lity Division aha the wealth c Nalfare Division, and shall be under
the general supervision and control of the Director of Public
Health and Wal£are.
Sec. 2 Director of Public Health 6 welfare. There shall ha a Director
of Public Health s kelfare
appointed by the City Manager, subject to confirmation by the
City Council.
Sec. 3 Nusiro Facility Division. It shall be the function of Nis
Division to provide lcnq-teca horsing
care at both the skille3 ard intermediate levels of care for
Patients at the Ba Jur City Nursing s Health Center.
3.1 Admission to Cha BanIWC City NuraiWFacility. My
patient
'may ha adnit[ed m theskilled level of care regardless of
city or town of legal residence. On the intermediate level
Of care the patient must be a legal resident of Ba ]or.
3.2 Waiver of Rasiden.v INmuirenents. Subject to the approval
of the wealth Center
Cammittae of the City council, [hs AMinistrator of the
Begot City Nursing Facility say waive the residency regoire-
met of SUtwection 4.1 above for persona requiring immediate
medical care aril who have no other recourse except the Bangor
City Nursing Facility for nursing care services.
3.3 Administrator of tin IwOgOc C' Facility. There
shall be
an tvininistrator of the Bag¢ City Nursing Facility io
shall s.@ervise the operation of the Nursing Facility. Sue
Adainistrator shall be appointed by the City Manages, subject
W Confirmation by the City council.
Sec. 4 Health 6 Mifare Invision. It shall ha the function of this
Division to meet the public health
and welfare needs of the crenmmity. The Division shall consist
of the Public Health Section and the Public NElfare Section.
4.1 Public Health Section. It shall be the functions aro3
duties of this Section:
(a) City Dental Clinic. To maintain ane operate the
City Dental Clinic.
(b) Health WUCation. To establish and cooluct a public
health education progran.
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(c) Enforcement. 1b enforce all laws relating to public
health, as may otherwise W provided by
ordinance or. statute.
(d) other functions. To perform such other functions and
duties as may be assigned by the
City Manager or the City Council flan time to time.
4.2 Health officer. There shall be a Health Officer appointed by
the City Monger, subject to confirmation by
the City Council. The Health Officer shall have all imers and
Perform all functiwe established for health officers oder
State law.
4.3D H 1 Health Ad 1 Cammume. There shall be a seven (5)
member committee appointed
by the City Council for purposes of providing advice to the Director
of Public Health 6 Welfare, City Manager and City Council on
matters concerning the operation of the City Dental Clinic. Three
(3) of the members shall be practising dentists and four (4) shall
be members of the public at large. All members shall serve until
their successors are appointed. All persons serving on the Dental
Health Advisory Committee on the date this Ordinance goes into
effect. Shall serve for the remainder of their terms. Thereafter,
membersof the committee shall be appointed annually to serve a
term of three (3) years. Any vacancy on the committee shall be
filled by appointment by the City Council for the remainder of the
term. No person appointed to the committee shall serve more than
two (2) complete consecutive terms. The Director of Public Health
& Welfare shall serve as an ex -officio member. A secretary shall
be appointed and shall prepare such minutes and records of meetings
as the committee shall require.
-4.4 Public Hes lth Adel scry Committee. There shall be a seven V) member
committee appointed by the City
Council for purposes of providing advice to the Director of Public
Health fi Welfare, City Manager and City Council on matters in-
volving the public health program of the City. Two (2) of the members
shall be Doctors. One (1) member shall be a registered nurse. One
(1) member shall be a registered pharmacist. Three (3) members
shall be members of the public at large. All members shall serve
until their successors are appointed. Of the first appointed, three
(3) members shall have terms expiring on December 31, 1984; three
(3) members shall have terms expiring on December 31, 1985; and
one (1) member shall have a term expiring on December 31, 1986.
Thereafter, each member shall he appointed to serve a term of three
(3) years. Any vacancy on the committee shall be filled by appoint-
ment of the City Council for the remainder of the unexpired term.
The Director of Public Health 6 Welfare shall serve as an ex -officio
member. A secretary shall be appointed and shall prepare such
minutes and records of meetings as the committee shall require.
-15-
4.5 Public welfare Section. It shall he the function of this
Section to carder general assistance
to all eligible applicants in accordance with all applicable
ordinances aid statutes.
4.5.1 Director of Public Walfare. The Director of Public
Health s Wiliam shall
have all authority and perform all duties required of
the Director of Public welfare under the City Charter.
sec. 5 Careral Assistance codime se. The City of Banger shall administer a program of
general assistance avallable to all persons who
ere qualified to receive general assistance In accordance with the stan-
dards of eltglb111ty as set forth herein. Applications will be accepted
during regular business hours from anyone who expresses a desire to re-
ceive assistance and relief will be furnished to those who qualify within
24 hours of the date of the submission of the application.
Assistance In the City of Bangor will be provided for certification periods
ret to exceed one month. In order to be eligible for assistance the
applicant must meet all eligibility requirements of these guidelines.
Eligibility for assistance will be redetermined in accordance with Section
5-9 of these guidelines. It is the policy of the department not to make
Wants of cash directly to the recipients.
Every effort will be made by employees of the Welfare Department to re-
cognIze and encourage dignity, self-respect, and self-reliance on the
part of the clients. One of the goals of the general assistance program
will be to assist each applicant to achieve self -maintenance and adequate
social function. The incentive to work will be encouraged. An Important
focus of the general assistance program will be the preservation and
strengthening of the family unit In order to secure the rights of all children
to a sound ant healthy environment conducive to normal development.
The general assistance program will place no restriction on the individual
rights of any applicant, nor will there be any discrimination based upon
race, sex, religion, and political affiliation. The Public Welfare Deport-
ment will take all reasonable steps to ensure that each client is made aware
of his/her rights antl responsibilities under the general assistance program.
Each applicant will be evaluated individually with fair and equal treatment
being guaranteed to all applicants. Any applicant shall have the right to
request a "Fair Hearing" of any decision concerning his/her right to assist-
ance in accordance with these guidelines and 22 MRSA a 4322.
As far as reasonably possible decisions on all applications for assistance
will be made at the time of application. Complete records will be main-
tained and all information given by clients must be recognized as privileged
and confidential. All decisions concerning an applicant's right to assist-
ance will be given In writing stating the reasons why assistance was
granted or denied.
A notice will be posted in the Welfare Office stating the hours and days
that general assistance will be administered. An updated copy of these
guidelines will be maintained in the Welfare Office for easy access to any
member of the public.
A copy of these guidelines together with a copy of all application forms
and notices shall be on file with the Commissioner of Human Services.
Any amendment or modification of these guidelines shall be submitted to
the Commissioner for comment and filing. _
I (,_
5.1 Definitions. Unless otherwis a defined, all terms used herein will
have their common meaning. Words and phrases having
special definitions will be deanad when they first appear to the Guide-
lines, except as follows:
A. Applicant. A Person who has expressed by means of a written
application form, either directly or through an
authorized representative, a desire to receive general assistance.
B. Application. An action by which a Person indicates in writing
to the Public Welfare Department his/her desire
to receive general. assistance.
C. Application Form. A document in a form prescribed by the
Director Of Public Welfare formalizing to
writing the applicant's desire to receive general assistance.
D. Basic Necessities. "Basic necessities" means food, clothing
shelter, fuel, electricity, nonelective
medical services recommended by a physician, telephone where
It is necessary for medical reasons, and any other commodity w
service determined essential by the Director of Public
Welfare.
E. Case Records. Official files of forms, correspondence, and
narrative records pertaining to the application,
determination of eligibility, reasons for decisions and actions
by the caseworker or the Director of Public Welfare, and kinds
of assistance given each applicant.
F. Claimant. Any applicant or recipient who has requested a
fair hearing.
G. Destitute. In distress and standing In need of immediate relief.
H. Director of Public Welfare. The municipal official designated to
receive applications, make decisions
concerning client's right to assistance, and to prepare records
and communications concerning granting Of assistance. The
Director of Public Welfare may delegate such tasks to other
employees of the Welfare Department (caseworkers).
I. Disabled Persons. A person whereby reason of any incapacity
of a physical or mental nature verifiable by
objective medical evidence is therefore unable to work or main-
tain a home.
J.Dwelling Unit. 'Dwelling unit" means a building or part thereof
used for separate living quarters for one or more
persons living as a single housekeeping unit.
K. Emergency. "Emergency" means any life threatening situation
or a situation beyond the control of the individual
which, if not alleviated immediately, could reasonably be ex-
pected to pose a threat to the health or safety of a person.
—1'7 -
L. nry Asg3stangg, �a[y, im diata assistance to persons
to would he otherwise lneliaible but are
unable N provide or obtain the basic necessities essential to
maintain the selves Or their tamily tram any etl;e source except
Men Nat on is cvrrentl din lified frmn General %sistance
rcr a viola[ on of tlmeee amen
M. fcrcral MsiSt Program. "G neral assistance program" means a
service ad ministered by a ;mmicipality
for the imre3iate aid of persons who are unable to provide Na
m is necessities essential to maintain themselves or their families.
N. Household. ""Fbusehold".means an eaxwnic unit mposad of a group
Of individuals legally obligated for the support of
eatl other; Or grocp of unrelated incUviduals to customarily share
a dwllirg unit, Pm inane' Or share aXPaaSas in rn .
O. In . My form Of imam in cash or in kind received by Ne
household include net renumeration for services per-
fo , anY Payments received as an ammfty, retirement or disabil-
ity be litS, vetermu pensions, workers' compensation, mamplOy-
mnt benefits, benefits under any state Or federal categozioal
assistance program, SSI, SS and any other payanents from goverrnt
sources, unless specifically prohibited by any law or regulation,
court ordered suPPOrt HayuentS, moan from pension or trust funds
ani household incom fram any other source, including relatives or
unrelated houselwld members.
P. Just cause. "Just rause" for failure to met work requiremnts or
the use of Potential resources shall be fond i>am
there is reasonable and verifiable evidence of:
1. physical or nental illness or disability;
2. below ndniman wages;
3. sexual harassment
4. physical or mental inability to perform regaired job tasks;
5. inability to work required hours or to neat piece work
standards;
6. lack of transportation to a from work Or training;
]. inability to arrange for necessary child care or care of ill
or disabled family mamWs;
8. any reason found to be good cause by tae faployment Security
GRmmiSsion;
9. any other evidence tach is reasonable and appropriate:
In all other instances 'just rause' morns a valid, verifiable reason
that hinders an ie ividual in couplying with Ope at, nota caditioas
of eligibility.
O. Misr afild. Any person who has not attained tae age of 18 years.
R. Municirality of Respcna bility. "Municipality of responsibility"
n s the mnicipality Mich is
liable for the support of any eligible person at the time of ap-
plication.
S. Need. "Needmeans the mrdi.tim a Person's inmo:
arty credit, assets or other resarzss available to oroydde basic
necessities Em the h"a:vidual and the individwl'e family are less than
the sax s levels of assistance established b✓ these ouidelinss
T. Notice. !trice shall constitute that relief shall be furoished or denim
wiU 24 tours of the submission of an applicant's benefit
request.
D. peal Estate. "Neal Estate" means any lard, buildings, Mrns, arbile hares
and any, other things affixed to that lard.
V. secipiept. A recipient is a person who has hem farad aligible to re-
ceive General Assistance under these Tu<aahiness by the
Director of Public Welfare or his/her autxsized assistant.
W. Resident. A "resident" is a person who has moved into a mmicipaldty
with the intention of remaining in that municipality and
establishing a household.
X. Foaming [base. A hme licenacl by the City where the landlord rants ro
persoss each of wham pays the landlord for his/her roma
although soon persons my share other facilities such as a haat o ,
living romp, or kitchen.
Y. Standard of Need. 17he stipulated total needs of a fandly dam^:^^+ by
the iadigency fommla which when unsatisfied by miss
slant resources make the person or family "reedy" for ienerai Assistance
puxlnses.
Z. Student MY individual over the age o£ is yearn who is currently en-
rolled in a post ='marl • educational or training program not
Specifically designed to easier him/her in securing employment during
ra3ular business hours and by Virtue of this fact is unvailable for full
time euployment during these tours.
as. Unamlovable. An individual who, through no fault of his/her awn, has
over a period of times demmassated an inability to secure
or retain gainful auploymsnt in spite of continued diligent attempts and
repeated efforts at training and retraining may be considered hmeuploymble.
f 2 Confidentiality of bhfomation. Under 22 MRu §4306, records, papers, files
and cahmmirations relating to an applicant
ar recipiam of general assistance are axuEidahtinl and no information relating
to an applicant or recipient of general assistance may be disclosed to the
general public, roues expressly pesnitted by that applicant or recipient.
Lhforsetim supplied to the municipality by the State Department of Hhmmh Ser-
vices, under 22 NASA 64314.1, concerning recipients of categorical assistance,
is to be held confidential by the mavumpality. Misuse of infomation wihether
In State or mmnicipal records, concerning public assistance clients is punish-
able by law as a misdarearor (22 P¢tSA 942). The Welfare Director should also
be aware of laws croncer*hial the confidentiality of records concerning narcotics
prescriptions (22 6 §23]4) and records birth, marriage, and
death (22 Mag, 92]06).
5 3 Maintenance of Records. The Welfare Department is required by
statute to keep complete records of
general assistance granted in the City of Bangor. In addition to
general statistical records concerning the number ofpersons given
assistance and the cost for such support, a separate case record
is established dor each individual or household applying for
general assistance.
The purpose for keeping complete records of general assistance is
three -fold:
a. to provide a valid basis of accounting for expenditure of
municipal funds;
b. to support decisions concerning the applicant's
eligibility;
c, to assure availability of information if a client seeks
administrative or )udicial review of the caseworker's
decision.
When verification of circumstances affecting eligibility is needed,
information recorded will be limited to what is necessary to insure
validity of the decision concerning assistance. Although narrative
recording may be helpful to reflect the unique circumstances of each
client, the record should include only enough material to cover
adequately the particular situation giving rise to the narrative
entry.
M1rLLmum information to be maintained in case records by the case-
worker is the following:
d. completed application for assistance;
e. grounds for approval or denial of application;
I, A narrative social history recording the need for
assistance, the results of home visits, collateral
information, referrals, changes in status, etc.;
g. complete data concerning the type and amount of
assistance granted;
h. a copy of the "Notification of Eligibility" form.
5.4 Applications - Procedure. Any person who makes an application for
assistance and who has not applied for
assistance during the previous six (6) months, shall have his/her
eligibility determined solely on the basis of need. All subsequent
applications within six (6) months shall be considered in accordance
with these guidelines.
Y } Right to Apply. Any person has the right to apply for general
assistance. An individual may do so by
appearing in person before a caseworker and expressing a
desire to receive general assistance and by completing a
written application and other forms as may be required by
ao-
the Public Welfare Director. If an individual is incapacitated,
aWlication may be made through a duly authorized representative.
to any case %ben an applicarc is uneble, due to illness, disability,
lack of transportation, lack of child rare or other good cause, to
apply In person for assistance: or unable to appoint a duly auth-
orized representative, the caseworker shall accept an application
by telephone subject to verification by nail and a visit to the
applicant's hones with the consent of the applicant. If the ap-
plicant fails to give such consent, assistance will he denied.
'(2)G eworker's Responsibilities t Tim of spolication. when
appli-
catran is rade for general assistance, the caseworker shall
inform the applicant of:
a. The Stardazds of eligibility for general assistance in
the City of Bangor;
b. 19:e applicant's right to review abd the nature of the
review process;
c. The applicant's respmsibility for retorting all facts
material to a proper detexmiretion of eligibility and
the penalties for false representation. It will he ioo-
pressed upon the applicant Haat it is unlawful for any
applicant or recipient to knowingly and willfully bake
a false written representation to the raaeker in arde
to receive general assistance (See 22 MSA @4315) and
that such false rspresematim is a Glass E crime and may,
upon written notice, result in a sixty 160) day d£squal-
ificatlom
Allegatiwvs of fraud ar,d above rade by makers of the pita
rag
during lar pm.
d. Toa joint responsibility of the caseworker and the ap
plicant for exploring facts concerning eligibility, needs
and resources, and the applicant's responsibility for pre-
senting records or docwmnts in his/her possession or
readily available to hhm/her to support his/her stateaents.
e. The kinds of verificatim beefed;
E. The fact that an investigation will be undertaken by the
Welfare Department as to the applicant's in, resources,
and assets. That such so investigation my include an
amounted bare visit bade during regular working hours:
g. The applicant's responsibilities for notifying the rase -
worker of any charge in circurstances that will affect
his/her eligibility.
In. Any other programs of assistance or service of rhrch the
caacworker nay be aware or which the applicant ray avail
himself/herself in addition to or in lieu of receiving
general assistance;
ai-
Ch. IT; Art. 21
Sec. 5 (5.4.2) (i. )- (5 .4.4) (a)
I. The City of Bangor's rights and remedies for the
reimbursement from the applicant's relatives pursuant
to MRSA ®4319.
1• The applicant's personal responsibilities for reimburse-
ment to the City of Bangor under 22 MRSA §4318.
Emergency Benefits Prior to Full Verification. Whenever an
applicant for
general assistance states to the caseworker that he/she is
in need of immediate assistance to meet basic necessities,
the caseworker shall, pending verification, issue to the
applicant, within 24 hours of the application, sufficient
benefits to provide the basic necessities needed immediately
by the applicant, provided that the following conditions are
met.
1. Probability of eligibility for assistance after full
verification. As a result of the initial interview with
the applicant, the caseworker shall have determined
that the applicant will probably be eligible for assistance
after full verification is completed.
2. Documentation. Where possible, the applicant shall
submit to the caseworker at the time of the initial in-
terview, adequate documentation to verify that there is
a need for immediate assistance.
3. Information obtained. When adequate documentation is
not available at the time of the initial application, the
caseworker may contact at least one other person for
the purpose of obtaining information to confirm the
applicant's statements about his/her need for immediate
assistance.
4. Idmitations. In no case:
A. May the authorization of benefits under this
exceed thirty (30) days;
B. May there be further authorization of benefits to
the applicant until there has been full verification
confirming the applicant's eligibility.
. (4) Temporary Refusal to Accept Application. Under special
circumstances the
Department may refuse to accept applications. Such cir-
cumstances shall include, but are not limited to, the
following;
S
Cases where the applicant's conduct is abusive and
disruptive or in cases where the applicant Is under the
influence of alcohol or drugs. The applicant may be
required to leave. If he or she refuses to leave, the
Police may be summoned. The applicant will be Informed
that an application will be taken when the particular cir-
cumstances are no longer present.
-aa-
b. cases where a third person desired to take application far
assistance on behalf of the applicant. T person will be
requested to provide written verification that they nave
been authorized to act as representative for the applicant.
,h.5 Responsibilities of Pesch Applicant and Recipient. Fact; applicant and
recipient has
a responsibility at the time of application and continuing thereafxer;
a. to provide anisate, mplete and current inforwatiom mMcemug
Us/mer nears, resources and assets, and the whereabouts and cir-
avnstarcxs of responsible relatives. Assistance may be denied or
terminated if the applicant/recipient is unwilling to supply the
necessary infotsation or perndssion to make collateral contacts;
b. to notify the caseworker Anse -a dange in his/her needs, r sources
and assets will affect eligibility for general assistance/
c. to apply for and utilize any other available benefits or resources
that will reduce or eliminate rhe treed for general assistance;
d. to reimturse the Citv for the costs of assistance gnante] in the
eVeat- 5 suf icieR abilgy to pay the same. Toe
tV MY recover tlM rull atawt expenaeo Tor a sistance eta
rontne person levea or flab e�the iecrp-
1PJIt�s Sppp?rt, SL' eX2Ntars or sLratOZs, N a civil
action. in ro Wase nesone cit i to recover ough
a civdl action, sn -M or assist -
or a EM�ly ei el�i t p
t^vme;t o�t' x amount, per wcUME a�ibp r itT y-�
goameccum eliaiule focenerai assistance
a. to use all nmis available to hinyher for necessities first
before requesting general assistance or purchasing luwry items.
6 Recognition of Dig tV and Rights. Any initial interview or any later.
proceedings, including any inves-
tigation of the applicant's eligibility, shall be conducted in a manner
that will not violate the privacy, per,.,..=n dignity or irdividwl rights
of eiHoer the ca piker or the client and/or his £andly and personal
acquaintances.
Actions on Application. Unless an application is withdrawn, the case-
worker rust Rake a decision concerning the ap-
plicant's eligibility and if eligible commerce furnishing relief within
twenty-four 124) hours after the date of sutnission of signed and com-
pleted application together with all after forma raryired by the public
Welfare Direr -car.
3. -x
Withdrawal. An application is considered withdrawn if:
a. the caseworker is unable to complete the interview, i if the
applicant ref vss w c operate with tne caseworker; or
b. the applicant dies before general assistance is furnished; or
C. the applicant avails himself of another service which makes him
ineligible under these Guidelines; or
d. the applicant ralusts, in writing, that his application be wint-
drawn; or — .23—
e. the applicant fails to complete or sign the application or
any other form required by the Public Welfare Director.
sr. Redetermination of Eligibility. The application form will show the
duration of the limited periods of
entitlement. Written notion of termination or suspension of benefits
with opportunity for hearing will be given should a decision be made
to discontinue assistance during this limited period of entitlement.
If a hearing is requested within the established time limit, assistance
will continue Pending a decision from the hearing authority. At no
time will such an estension of benefits outlast the original certifica-
tion period.
5.10 Eligibility Rules and Regulations. The following measures are to
be employed by the caseworker
upon receipt of the written application in determining eligibility
to receive assistance from the City of Bangor.
A. Ace. Age shall be a factor in determining eligibility for general
assistance. No person under the age of eighteen (18)
is eligible unless:
a. emancipated by marriage; or
b. emancipated by the death of both parents and ineligible
for foster care; or
c. he/she is a member of a household otherwise qualified
under these guidelines.
B. Residence. Residence Is a factor In determining whether the
City of Bangor Is responsible for providing assistance
to an individual. The city has a statutory duty to give assistance
to residents (see definition) of the city who are in need.
Assistance will be given to eligible persons who apply for
assistance and who are neither residents of the city nor of airy
other municipality.
When the City of Bangor assists a recipient to relocate, at the
reciplent's request, in another municipality the city will con-
tinue to be responsible for the support of said recipient for
thirty (30) days afterrelocation.
-
An applicant who is in a group home, shelter, rehabilitation
center, nursing home, hospital or other institution at the time
of application and who has either been in that institution for
six (8) months or less or has a residencewhich he/she has
maintained and to which he/she Intends to return shall remain
the responsibility of the municipality where the applicant was
a resident immediately prior to entering the institution.
If a resident of another municipality falls into distress in the
City of Bangor emergency assistance may be given to that
Individual an behalf of the responsible municipality provided
that the administration in that municipality had given prior
approval and has agreed to reimburse the City of Bangor for the
assistance provided. _ c 4-
C. Liquid Assets. No perscnomingassets easily convertible into rash
iroluding, but not limited W bank deposits, stacks,
bands, certificates of deposit, or other marketable security, or
life insure Ce with a rash surrereler value, will be eligible for
assistance. In those cases where the reed for relief is determined
to excied the cash value of such liquid assets assistance my to
granted for any revainirg difference.
D. Tangible Assets. No person asimg tangible assets silver than
tools of trade or ordinary household goods
whidi are easily ccovertsl into msh including, but not limited
to color television, recreation vehicles, motorcycles, boats,
vocors, or autarobiles within Use limitations provided in
SUWection (a) below shall be eligible for essis[znce.
a. No person cwiN so automobile shall be eligible for assist-
ance. Nmever, t112 ownership of one autorohile aider Use
value of $1,000.00 by an applicant or a dependent will not
make the applicant lneldgible for assistance in Uose sit -
or
Ne autarobile is essential in ones employment
or necessary to obtain medical treemse t.
b. An applicant or recipient is a11we3 persaal property sot
immediately �le W Cash with c ty value not in
escess of $500.00. An applicant or recipient wits one or
more dependents is allaaad permsnal property not ion diately
mrvertible to cash with equity value eat in excess of
$1,000.00.
E. Citizesdaio. A person must be a citizen of the W ksd States
ar a lawfully admitted alien to M eligible for
sssistance. Applirante Mo are reither citizens ear lawfully
admitted aliens will. oe msferred to the W td States Departmnt
of Immigration for appropriate action.
P. Other Resources. Any applicant or recipient most make a good
faith effort to seosW any potential re curse
Mach may be available including but sot limited to soy state
or federal assistance program; employment benefits; govem-
mental/or private pension programs; available tryst fads;
Support from legally liable relatives; child SU]port payments;
jointlY held resoorces where the applicant or recipient share
may be available to the ialividual, etc. Assistance doll
rot be withheld peeriing receipt of such resource se long as
application has been mads or good faith effort is beUg some
to secure the resource.
Any individual applying for or receiving assistance due to a
disability must make a good faith effort to make use of any
medical and/or rehabilitative resources that nay to remmemdd
by a physician ami Mach are aysileble without financial burden
x ich would not constitute further physical risk to the indi-
v dual.
Any applicant who refuses to utilize available resources
without Just cause, after receiving a written seven-day
notice, shall be disqualified from receiving assistance
until they have made a good falth effort to secure the
resource.
Any applicant who forfeits receipt of or causes reduction in
benefits from another public assistance program because of a
finding of fraud, committed by the applicant within the 60
days prior to his application far assistance, is not eligible
to receive general assistance to replace the forfeited _
assistance for a period of 60 days from the date of application
for general assistance, except in the case of initial appli-
cations. Not withstanding the disqualification of any
individual under this section, assistance shall be granted to
other eligible Individuals in the disqualified individual's
household.
G. Insurance. No person owning any type of insurance shall be
eligible for assistance except if permitted by these
Guidelines. Any application for assistance will not be denied
where insurance is available to the applicant or his dependent
on a non-contributory basis or the extent minimum automobile
liability coverage is required as a condition of employment or
needed to retain employment.
H. Real Prooerty. No person owning real property shall be eligible
for assistance except as follows:
a. The Public Welfare Department may provide assistance
upon receipt of the Initial application to persons owning
real estate other than their home in cases of emergency.
However, continued eligibility for any type of assistance
will depend upon the applicant making a reasonable effort
to dispose of such real property at a fair market value.
b. Where the applicant owns real property in which he/she
makes his/her home he/she shall be eligible to receive
assistance provided that the cost of mortgage payments,
taxes, and insurance do not exceed the amounts available
for housing under these Guidelines.
c. When the City spends general assistance funds to provide
mortgage payments to an eligible person under these guide-
lines, alien may be placed upon that property for the amount
of mortgage assistance given. Such a lien will not be
claimed until the death of the recipient or the transfer of
said property. Airy recipient receiving assistance with a
mortgage payment will receive written notification of these
conditions.
1. Employment. Unless exempted herein, every person receiving
assistance under this Ordinance shall actively
seek and accept gainful employment. For purposes of this
Ordinance "gainful employment" shall mean any available
employment within the recipient's skills and abilities resulting
in the maximum possible income for the recipient. Such
efforts shall include, but not be limited to, registration with
the Maine Employment Security Commission, diligent
solicitation of available job openings and making oneself
available for work at all times during the night or day. The
requirements of this Ordinance shall also apply to every
member of the recipient's household, unless specifically
exempted. The only persons who shall be exempted from this
requirement shall be:
a. dependent minor children;
b. persons over the age of 65;
C. persons who by reason of illness or disability are unable
to perform any type of work;
d, persons whose presence is required In the home in order
to provide care for a dependent child under the age of 6
years or for any 111 or disabled member of the household; and
a. 18 years of age and older who are regularly participating in a
vocational training or primary or secondary educational
Program which would assist the individual in securing
employment. Any person claiming to be exempt from seeking
w accepting amployment because of Illness or disability
eas
y be required by the Welfare Department to be examined
by s qualified physfclan at the Department's expense.
Reimbursement for these services shall be at current
Medicaid rates.
Applicants and recipients are Ineligible for assistance for
60 days if they:
1) quit work after an initial a lication;
2) refuse to search for emp oymenr
3) refuse to register for work;
4) refuse to accept a suitable job offer under this section,-
5)
ection;5) willfully fail to perform or perform below average
standards the job assignment for the municipality,
under this section or
6) refuse to participate in a training or educational
Program which would assist them.in securing employ-
ment; and
7) they do not have just cause for their action.
This person may become eligible owing this period of time
if he/she becomes employed or otherwise satisfies the require-
ment of this section for which he/she was,disaualified.
In no case may the requirement to search for work or participate
in a work or training program interfere with:
.1) existing gainful esploynent or participation in a vocational
train n or primary or secondary educational program u i.ch
would assist the individual in securing erplcyment; or
2) the individual's ability to £ollo -V on a bona fide job offer.
3) attendance at an interview for possible employment.
4)ici tron in a ors educational am
intended w lead to a high school dipro a; Or
5) DarticinatLon in a tr which is eitner apprcved
OT determined, or bath. W the of nator [g be reaS-
onably expected to assist Ne individual in securirw employment.
This paragrapn oces not ]nLludewh1 tiro In a ant
irg prcgTTm, except en that pIOirampia under the Job Tradmdng
Parinerehip Act or the WelfaZo f11 rOment hdocatlon and Trampling
Proorm
J. work Requirement. all persons otherwise eligible for general as-
sistance made Nis ordinance nay be required to
perform nark for the City of Bgor or W participate in a tr�tg
or educational program which would assist hrmlrer in securing e
ployr as a condition of receiving such assistance. Noy such work
req^' stall he subject to the provisis of 22 M 4316(4) as
modified by the following:
1. 1 work requirements of this Ordinance stall be under the direction
of the Walfare Director, who shall be authorized to issue such
ado nistrative directives as nay be necessary from time to tine to
insure Ne proper inplarantation of Ne work requirement program.
2. An otheawise eligible person wto refuses a suitable job offer from
the City of Bogor under Nis Ordinance without- just cause shall
be ineligible for general assistance for a period of sixty (60)
days. Refusal N accept a suitable job offer shall inclm e; (a)
failure to report for work; (b) leaving work wittnut permission
from the worker's supervisor before the work peticd has ended; and
(c) failure to perform work as directed.
3. In no case shall eligible persons performing wozk under Nis Ord-
inance replace regular mmdcipal employees.
4. NO person shall, as a condition of general assistance eligibility,
be requirnd to do any amount of work that exceeds the value of the
net general assistance that person would othe wise receive under
m cipel general assistance standards. Any person perEormimg
work under this Ordinance shall t=_ provided wiN net general as-
sistance Ne value of which is earned at a rate of at least the
State's mirdman wage. Expenses relatef to Ne work performed
scull be Considered in determining the amount of net general as-
sistance being provided.
5. work perfer N(ormed undis finance shall not interfere w tt Ne
elrgnble censor's (al exrstrnv emlovmeni; (bl ability to f llw
up m a oma fide ion offer(c) attendance at mob intern' (d)
P rt t' coop r ewtationai proqOOo intend -
to E2 lead to a hr h school diploma; (a)
tra Wu CTMW, which 1, ,,MuE dwLu,ed or a ternd ed b
my or I to be somabl ed to assist
Ne rndrvidoal in1 t Tl h dce t
e —ps
incl�e particicetion in a degree crantino Program, except Men
U prPlram 19 tMe Sob Trainloo Partnarship Act or the
Welfare t]roloy t Fduratim sod rxairung Px'ogram.
6. M eligible person with ar. im iiate need Stull not be required
to perform work under this Ordinance prior to receiving general
assistazoce.
1. Failure of an otivrwise eligible person to accept a suitable job
offer under ttv.s subsection shall not affect the general assistance
eligibility of any murber of the person's household who is capable
Of working, to wit: (al a deFerclent minor child; (b) an elderly,
in or disabled person; and (c) a pexaon Mose presence is re-
quired in the Dane in order to provide care for a depeMent child
under tM age of 6 years or for aty ill or disabled manbe of the
8. fine al asaistaxz recipients remurai M perforin work for the
City of Bangor order this Otl once will miplete and execute
such foxms as nay he raluirai by the Welfare Mracror for par -
poses of administeru the work �t ptogran. all £osme
will be read to the recipient m iwvxe crnplete uoNerstanding
of the ccM t1Wl8 undaC Mich the general asslstaroDa is to be
granted. 'lbe work order form will detail the amount of time
the recipient is expected to work, the depaxtrent to tach be
or she is assigned, and the date, time and work location to Mich
M or ale is to report.
Ex =rises related to work rerfonred under this section by an an-
gible person shall to considered in deteminirm the annum of net
general assistance to be p ldad tO the person.
K. Utility Deposits -Rental Eeposits-Back sins. No funds scull be De-
pended by the Wefare
p P xtoent for any Ecxm of deposit.
Assistance is Dort available to pay a bill for a basic necessity Men
that bill is none than 2 months old and the persto r st' sist-
ance had sufficient SRC®R, nW18y, assets or other [eSWZCes dYallabl9
to pan for the hasic necessity Men the bill was received rhe Person
rncuestim the assistance shall be reouired to provide evidence or
incare for the awlicable t' period.
At the discretion of the dsp x t the current bill nay be guaranteed
DO prevent an eviction or a utility short -off.
I. Hotel Rooms. No welfare furls shall be expended for for hotel rooms
tuete the costs exceed our rental allowance. However,
an exception would be Mere no shelter facilities are available.
M. Verification Rmudrei. It is the responsibility of the irc vidual
requesting assistance to provide enough in-
fornution to Verify that they are eligible. mis verification nay
include but rot be limited to age staterents, receipts for house-
hold expenditures, etc. _
-a4-
The caseworker may seek the facts necessary w establish eli-
gibility fron sources oNer than the applicant ifs the applicant
has been unable to provide necessary verificative. Such con-
tacts will be made only after the applicant has been given
written notice that if he/she does not provide the docusentery
verification within one (1) week of the application such contacts
will to made.
N visits my he nada in ocdexw verify inforaat a
by thea c ivme of mwlrcauve. cn,enw will be notified
at the tiao of uatvon that sudv a inset is vole. vvsvts
w'11 he conducted dui remilar wrlum burs (M-F; 8 a.m.-4:30
.m.). An nrive refuses t0 low a lase visit ver be -
ed assistanceceunder thea sectvon until such a visit is a wed.
4Aen available information is inoanelusive or m:flictu regarding
a fact which is material and necessary w detcrminne eligibility,
Ne applicamm w 11 t advised AS to what questions rmafn. To he
coraidered inwrcluaive or conflicting, the information on the ap-
plication must be inconsistent with statements code by the applicant,
inconsistent with other information on the application or previous
.
applications, or inconsistent w th iKonrmtim received by the <aae-
worirer frau other sources. Assistance may be denied or noonrated
if the applicant is unmalling to wnpply the cassencker with necessary
verification or permission to nuke collateral contacts or if the
caseworker cannot determine that eligibility gists after contact
with the applicant or the applicant's collateral contacts.
N. Applicant's Nn Prods. Personal financial resources shall he used
to meet current �ses before requesting
assistance.
5.11 Indigene Faxm:la-Eligibility Fegnirments. The laws of the State
of Maine require all
aaa�icipalitias w assist Noae persons, otherwise eligible, in cases
where they are in distress and in need a immediate assistance. In
order to treat all applicants fairly and equally and to discourage
frivolous use of income, assets, and other available resources, the
foll Bing ioimmla will be used by the caseworker fn considering. the
applicant's eligibility.
rA = Basic Total Requirements or Basic Maintonance ctsts as determined
under Nis Ordinance for food, clashing, personal care, and other
family cons'mptives, but excluding h i g costs.
B - Actual cost of housing, w to the maxims am nt allowed for the
same Under Nis Ordinance.
C = Income
D = Need deficit
l digency Formula: (A h B) - C = D
the available assistance crnput i under tna indigency fomo la will
be applied to those areas in which the household is in most -need.
Such devrndnations will be made by means of a client ase,.orkec
conference during whits all available alternatives and resources
will be explored.
All standard of meWo de VSmitoat'003 for general assiataloa M111 ba
mmputed for a period to be detarndrmal by the rasewrkei. Such
certification periods may not exceed thirty (30) days. For (wrpoSaS
of Nis forvula, inane will include all earned inure plus incase
from other sources less all daluccies far liquid assets and liq-
uidated tangible assets. A twenty (20) percent dsluction will be
Dade from net earned income in order to compensate the applicant
for Work related exposes ltranspozration, day care, etc.) ID de-
�+ reed the EEioa of time used as a basis for the
cal-Shall be a 30-da rind crnrz nc on tM dare of the
4 t
Mio rim ode ted has incase to purchase nevewvtve , provrded Chat
his dce exceed the vnmie standards establashed by
imviicipality.
A. Earned Inane. Intra in cash or in kind ea'iarl by the ap-
plicant or recipient or rtarbers of his Inuselold threogh wages,
salary, comdseiom, or profit, whetter self- loyed or as m
employee. Pantal mane and profits frau products sold are
this category. with respect to self-employment, total profit is
arrived at by subtracting businass expenses frau gr06e income.
Ween income taxes, social security, ant other payroll deductions
as required by state, federal, or local law, are deducted. Wages
that are trusted, or Inman similarly unavailable to the ap-
plicant or his dependents will not be ocsiderel.
B. Enoxne Item spouse - Support Prem Belativ s. If husband and
wife are both
employed, ingare actually available to the applicant or re-
cipient and dependents are to be includes. mnuitwcions
from relatives will be Considered as income only if actually
received by the applicant or recipient.
C. Inaare Prom Oder Assistance Social Ins P
State
categorical benefits' SSI payments, Social security benefits,
V benefits, Unemploymant Insurance BenefitS and payments
from other groveimental or private sources will be considered
as income unless specifically prohibited by any law or reg-
ulation.
Any applicant who forfeits receipt of or cases reduction in
benefits from another Public assistance ppogram because of
fraud, misrepresenution or a knowing intentional violation of
program rules Coav%ittel by the applicant within sixty (60)
days prior to his/her application for assistance, is not eligible
to receive general assistance to replace the forfeited assistance
for as p riod of sixty (60) days from the date of application for
general assistance e t as prpvided for initial applications.
- 31-
D- Coact ordered Suwort Payments. Alimony and child support
payments will be considered
irsrre only if it is actually received by the applicant or
recipient. -
E. Incrm E m Other souross. Iumme fres any shorts will to
corwi ed if it is intended for
use by any member of the household, relate] or unrelated, and
is actually available to the applicant.
F. Farnims of a Child. 'lhe earnings of any child under the age
of eighteen (18) years who is a full
time student and w is not working full time will rot to
considered as incrust under these guidelines.
G. Retroactive Benefits. Any funds received as a lrga som for
retroactive benefits, back payment,
insurance settlements, retroactive
stall upon receipt, to ccnsid
w part of household intoe for the purpose of continuing
eligibility. robe amount received, if in excess of $150, shall
ba divided into three (3) equal p is m be include] in t
household Ends as if each third was re siva] on the first
day of three consecutive mmnths following such receipt.
d. aclu able Incurs. For purposes of this definition, re-
location payment under governmentalhousin4 Programs, the hones value of fond st ops, earnings
of children under age 14, read the monetary value of products
fran here gardeniw shall not to included.
1. potential Intone. Potential income is defined as income that
eeeld be received by the applicant if
action ware taken to obtain it, e.g.; Social Security, Work-
men's Caryxnaation, unenploy nt Compensation, A , SSI, etc.
T. lkeatnent of All O Incrne. she full value of all inmre,
nor define] as earned income,
whether in kind or in cash, which is actually available for
use in the household will be considered in determining need
under the indigenry formula.
K. Agreement for Bousim. I£ an individual or family has pro-
vided living aco ation to a
person or family, standard general assistance ray not dup-
licate this service.
L. l.ivim in the Bouranrld of Another. When an application is
received fr n an indi-
vidual or family that is living in the household of another,
emergency assistance ray be granted With items other than
hnusi(g Costs. to order for assistance to be granted with
housing -related expenses it is necessary for certification
to be made of the entire household.
—3cP'—
D. Court Ordered Supcort Payments. Alimony and child support
payments will be considered
incare only if it is actually received by the applicant or
.recipient.
E. Incase From Other Sources. Inmie frau any source will be
considered if it is intended for
use by any maeber of the household, related or unrelated, and
is actually available to the applicant.
F. Farniems of a Child. 'fie earnings of any child under the age
of eighteen (18) years To is a full
time student and who is Out working full tine will not be
considered as rocas under these guidelines.
G. Retroactive Benefits. Any funds received as a lush am for
retroactive benefits, back payments,
insurance settlements. stn. shall neon receipt, be considered
as part of household inccoe for the purpose of continuing
eligibility. IhO amount received, if in excess of $150, shall
be divided into three (3) equal parts to be included in the
household icornn as if each third was received On the first
day of three consentive moths following such receipt.
H. Excludable Inane. For przlwses of this definition, re-
location 1* yments under gwemme stat
hCUIUN progrars, the bOMS value of food Stange, earnings
of children under age 16, and the monetary value of products
frau have gardening shall not be included.
I. Potential Incase. Potential inches is defined as inane that
could be received by the applicant if
action were taken to btain it, e.g.; Social Security, work-
men's Ccn enation, One,ploymmt Crngxnsation, AFDC, SSI, etc.
J. Treatrant of All Other Incom. The full value of all intone,
not defined as served inane,
Tether in kind or in cash, which is actually available for
use in the household will be considered in Bete[mining need
Order the indigency foxmia.
K. Aoreenant for Housing. If an individual or fanuly has pro-
' - vided living accomiodation to a
person or family, standard general assistance may not dup-
licate this service.
L. Living in the Household of Another. When an application is
received fron an indi-
vidual or family that is living in the household of another,
erergenry assistance any be granted with items other than
housing costs. In order for assistance to be granted with
housing -related expenses it is necessary for certification
to be made of the entire household.
-3d-
N. Other unrelated When any other individual is living
in the applicant's hone, certification must be made of the entire household and
the income and assets of all members of the household which are actually available
to the applicant counted in determining eligibility.
When it can be determined by the Caseworker that Unrelated individuals residing
n the same household a sharing expenses egually and have no responsibility for
each other's welfare, the applicant will be treated as a free standing household.
N. EligibilitZ. An applicant's eligibility will be basal On hisAar total income
ani on the basic total relairemants of his/her hanseholl as established in these
guidelines. There will be no automatic eligibility. All applicants must complete
the application process. To be eligible for aid under the Department's Standard
of Need Proaisions, the household =at have an imams at or belay 808 of the 1961
Community Service Association (C.S.A.) Guidelines.
15.12 BASIC -TOTAL REQUIREMENTS OR BASIC IWINTEIMME COSTS.
A budgeted amount is establisbec! far food, clothing, personal care, and other family
consumptives. To this amount is added a housing allonance which includes rent, fuel
and all utilities.
Basic total requirements represent 70% of the current National Poverty Guidelines
and are adjusted annually by the Director of Health and Welfare to reflect changes
in those guidelines.
BASIC TOTAL REQUIREMENTS
(1) (2) (3) (4) (5) 10 (7)(8)
_
PERSONAL 107 160 214 257 320 375 428 461
C hOeHINS,
Ox.
HOUSING--- 237 -262 318 —375 431 '486- 543- 599
]OB OF
NEED
314
422
532
642
751
861
971
11080
'Amended July 28, 1986 - C.O. 86-297
-33-
5.13 AMOUNT OF ASSISTANCE. The basis of eligibility for assistance from the
Prager Welfare Department is that the applicant/applicants have a near under
the standard of Need Deficit. Such determination shall be made by use of an
iniigency formula.
Eligibility under all other emergency provisions shall be determined by these
regulations and the case record shall specify the section under which assistance
is provided.
Norwithstaniing the above sections it is not intended that the Bangs Welfare
program be other than to satisfy the specific emergency need of a recipient for
a specified penal of time.
Assistance Granted will be on the basis that there is no available resource.
verification of income and expenditure will be required to establish that there
is maailable resource and thea ma
caseworker y barbarizeassistance up to the
limits established under the indlgency formula to meet thefMivldaal or Donee-
hold
o-isahold needs where it is determined the applicant or applicants are destitute.
POGO, vouchers may be issued to purchase necessary food. Such vouchers may be
x
issued in any amount not exceeding the weekly food allowance stated in these
Guidelines. Such vouchers are intended for the purchase of foods high in nutritional
value and my not include deli items and soda (unless specifically listed on the
oucLer), candy, potato chips, and similar snack items, beer, wine and novelty
items.
H0 RHOID/PMSONAL. vouchers may be issued to pscMse housebold and personal
items, including, but not limited to brooms, soap, detergent, toilet paper,
tooth paste, disposable diapers, etc. Personal care item shall not include
cosmetics.
CWTHIDG. The caseworker may assist the applicant or teciPi6nt and his/her family
n the purchase of adequate clothing. In most circumstances, clothing will be
a
postponable item. Exceptions to this maxim my a v
rn the event that school
a needed in the fall: where fire other crisis has destroyed the
applicant or recipients' clothing: whey unusually cold weather makes extra
clothing an immediate necessity; or if special clothes a needed for the appli-
cant's employment. Before assistance will be made for clothing, the corker
most be satisfied that the applicant has taken maximum advantage of all church and
civic organizations or other resources in the community that make low cost or free
clothing available.
HOUSING. It is the individual client's responsibility to find adequate housing,
except in cases of emergency, when the caseworker may help arrange temporary
shelter.
The welfare Department will not became involved in the landlord/tenant or mortgage
relationship. The recipient should be advised to obtain housing that will be
within his/her ability to pay before further housing assistance will be rendered.
-34-
When the caseworker determines that it will be necessary to give funds to meet
any o all of a client's housing payment, Ne amount will be actual rant/mort-
gage paid by the client, if the amount to be paid 3H reasonable and in
accordance with limitations set In these guidelines.
When Necessary ss istance may also be given with utilities and beating fuel.
Heating fuel willwt be considered aesary expenditure from May 15th to
October let, except in cases of unusually severe weather or when the client's
e
hot water is heated off the furnace.
The total secant paid far rent/mortgage, fuel mH utilities will not exceed the
maximum household limits set forth in Section 5.12.
MiscALL4NECuS. In addition, medical, dental and eye services and burial expenses
may be provided if absolutely necessary. Medical, dental and We services will
He provided o emergency basis. Except in unique situations apprwed by the
Welfare Director, the caseworker will not approve dental expensss Other than
tooth extractions.
MAXIMM LENELS OF ASSISTANCE. Maximum levels of assistance for food, housing,
houa elold/personal items, etc. are Weed upon 708 of the Current National Poverty
Guidelines and will be adjusted annually by the Director of Health and Welfare to
comply with changes in those guidelines.
MAXIMUM L4JELS OF ASSISTANCE_
HOUSEHOLD FCODI SEE/ HOUSING/ HOUSING/
STEP WEEK 90 -WH WEEN( MONTH
1 22
12
48
207
2 33
12
61
252
3 44
16
73
318
4 55
16
85
375
5 66
16
99
431
6 77
20
112
486
7 80
20
125
543
H 99
20
138
593
-35�
1
2
3
4
5
6
7
8
MAXIAHAi 1.EJF25 � A59i5II+[J�
tVOU/ HIR/ u0082PL/ HOl15Il�/
22
12
46
200
33
12
58
251
44
16
70
302
55
16
82
354
66
16
94
406
77
20
105
456
88
20
117
508
99
20
129
560
-3H-
5.14 Assistance Cateaorlee. There are two (2) categories of assistance
which are administered by the Bangor
Welfare Department under the General Assistance Program: Standard
of Need Deficit (Section 5.14A and Emergency Assistance (Section
5.14B -M. )
A. Standard of Need Deficit. This is the only category in which
income is a factor. In order to
receive assistance under this section the applicant must be
maintaining theft own household, have a need deficit under
the indigency formula, and satisfy all other eligibility rules and
regulations set forth in these Guidelines.
Applications for assistance under this section must be
processed within 24 hours of the date of application. De-
cisions shall be communicated in writing setting forth the
reason(s)fix the decision. If the applicant is found eligible,
assistance shall Qe furnished within 24 hours of the date of sub-
mission of the application.
B. Emergency Shelter. The Bangor Welfare Department is
authorized to provide temporary shelter
for persons who, by reason of special emergency, are stranded,
homeless or victims of family violence. The length of time
authorized in the shelter shall not exceed thirty (30) days. An
extension may be granted if circumstances warrant. Such cir-
cumstances may include, but shall not be limited to, delay in
application for categorical assistance, loss or delay of monthly
benefit check, etc. Individuals will be eligible for admission
to shelter once In any twelve (12) months. Exception to this
rule may be made where verifiable circumstances warrant.
In determining eligibility for this service priority will be
given Bangor residents. Individuals and families who by
definition (See 22 MRSA, Section 430]) are residents of an-
other municipality may be admitted to the Shelter. However,
such admissions may only be granted in those situations where
the authorized representatives of the other municipality agree to
pay for the actual costs of welfare to be provided by the
Welfare Department, plus a daily fee based upon a rate
established by the Welfare Department for occupancy in the
shelter.
-3 7-
C. Transients. Individuals who fall into distress within the City
of Bangor while traveling may be granted temporary
assistance with food and shelter, either through the Welfare _
Department or by referral to a private agency.
D. Transportation. Assistance may be granted to a transient or
stranded individual who either wishes to
return his/her point oforigin or who wishes to relocate in
another area.
E. Catistrophes. Individuals placed in need of immediate
assistance through unforseeabie circumstances
such as, fires, floods, and hurricanes, may receive emergency
assistance to meet their immediate needs. Such assistance
will only be in the farm of food and shelter.
F. Emeredncy Hospitalization. At times It may become necessary
for the Bangor Welfare Department
to assume responsibility for hospital costs for eligible persons.
In order for such assistance to be granted it will be necessary;
1. For an application to be completed by the applicant or
his/her duly authorized representative;
2. For the hospital to notify the Director by telephone, con-
firmed by certified mail, within three (3) business days
of the applicant's admission;
3. For the hospital to verify in writing that all Hill -Button
and/or other endowment funds designated for the care of
the poor have been exhausted.
All services rendered must be Itemized and will be reimbursed
at current Medicaid rates.
G. Excessive Income. For various reasons, It might be necessary
to assist a person or family even though
their monthly income is in excess of total requirements.
Reasons for this might include loss of a check, delay in mall
of receiving a check or the person may have spent all their in-
come, placing themselves or their family in immediate need.
In these situations, either basic necessities, or food and shelter
may be provided. However, before Emergency Assistance Is
given to persons having excessive income, they must agree to
reimburse the city for assistance rendered.
H. Minor Children. At times It might be necessary for the Welfare
Department to assist minor children whose
needs are not being met due to parental neglect or misuse of
household income. Reasons for this might Include, but shall
not be limited to:
1. Disqualification of the head of the household for quiting
employment, failing to register for employment or refusing
to participate in the workfare program;
-38
2. Failure of a responsible relative to provide necessary
support.
1. Excessive Assets. An individual or family may be assisted
even though they have excessive assets
if immediate need can be established. Continuing assistance
will be contingent upon the applicant making a good faith
effort to convert the assets into available funds to off -set any
assistance that might be necessary.
J. Burial. The Welfare Department shall provide for proper burial
of indigent persons providing that the total burial
costs do not exceed $650 and it is determined that the burial
costs cannot be paid in total, or in part, from any other source
Including responsible relatives or from the estate of the
deceased. The Welfare Department will apply all monies
available from othersources toward the total burial casts.
The allowance for burials under these guidleines shall include
the undertaker's services, clergy, personal attendants. casket,
vault box, liner, hearse and obituary. The expense of opening
and closing the grave will be considered an additional cost to
be paid directly to the cemetery. The additional cost of a
graveside service will not be considered a covered expense under
these guidelines. The Welfare Department shall not pay for
burials in lots outside of the City or for single size lots. How-
ever, arty person qualifying fpr assistance under this section
may be burled in a lot provided by the City for such purposes.
The Welfare Department shall not be obliged to pay for any
burial expenses provided if the Director has not approved such
expenses prior to their delivery.
K. Emercencv Assistance to a Disabled Adult. Emergency assistance
may be provided
to those single adults who are in need due to physical and/or
psychological disability. A person shall be considered disabled
if he/she Is unable to engage in any substantial, gainful.
activity, due to a medically verifiable physical and/or
Psychological impairment.
Any person who has refused medical and/or rehabilitative
resources recommended by a physican which are available
without financial burden and which would nor constitute fur-
ther physical risk to the Individual will not be considered eligible
under this section.
L. Wer -Supplementation of Taal Requirements. For various reasons,
it might be
necessary to assist an individual or family in excess of the need
of deficit commuted under the indlgency formula. Such assistance
will be granted only for food, fuel, and household items. When
a client is over -supplemented, he/she will be given a termination
notice.
M. Other Necessary Expenses. under this section assistance that
is absolutely necessary and cannot
be obtained from any other source may be provided. Assistance
granted under this section shall not exceed amounts listed in the
basic total requirement charts.
-39-
Assistance may be provided to parts of a household under this
section. Under no circumstances will assistance be granted
to parts of a household residing with a responsible relative
who has sufficient ability to support.
5.15 Review procedure.
5.15.1 Right to Review. Airy applicant/recipient aggrieved by
decision, act, failure to act or delay In
action concerning his/her application for general assistance
under these Guidelines shall have the right to appeal. If
a liaison's application has been approved there shall be
no revocation of general assistance during the period of
entitlement until that applicant/recipient has been provided
notice and an opportunity for hearing.
+5.15.2 Initiation of Anneal. To initiate the right to an appeal, the
aggrieved person shall file a written
request for the same with the Welfare Director within five
(5) working days from the earliest occurrence of one of the
following events;
1. Expiration of 24 hours from the time said
person applies for general assistance.
2. Receipt of a notice of decision adverse to the
applicant.
The written request for an appeal must include the
following information:
1. The decision, act, failure to act or delay in action
for which an appeal is sought;
2. The reasons for the aggrieved person's
dissatisfaction and the circumstances he/she
believes entitle him/her to a different result;
and
3. The relief sought by the aggrieved person.
5.15.3 Interim Review by Welfare Director. Upon receipt of a
written request for
an appeal, the Welfare Director shall schedule a conference
with the aggrieved person and the caseworker involved, at
which conference both persons shall have full opportunity
to present their positions on the case. The Director's re-
view shall be conducted informally in a manner respectful
of the rights and dignity of all Involved. Witnesses may be
called and evidence may be presented at the conference.
Subsequent to the conference, the Director shall inform
the caseworker and the aggrieved person of his/her decision
in writing. The Director's decision shall be limited to a
determination as to (1) whether the caseworker's decision
has been made in accordance with these guidelines and
pertinent state statutes and (2) whether the aggrieved person
may receive emergency assistance as provided in these
guidelines. At no time shall the Director conduct a review
of any case In which he/she was directly responsible for
the disputed action.
*Amended October 12, 1983 - Effective October 22, 1983 - C.O. 83-330 _
The Welfare Director shall endeavor to conduct his/her
review as expeditiously as possible to facilitate the
fair hearing before the fair hearing officers. The Director
may nm decry or dismiss a request for a fall hearing unless
It has been encpreasly withdrawn by the aggrieved person
or unless the relief sought was gramed to said person by
the Director subsequent to the filing of a written request
for an appeal.
5.15.4 Time for Fair Hearing. Pursuant to the requirements of
22 M.R.S.A. 0 4322, the requested
hearing shall be held by the fair hearing officers) within
seven (7) working days following the receipt of the written
request for an appeal. The scheduling of the hearing shall
take lmo consideration the convenience and needs of all
concerned. The Director shall inform the aggrieved person
of the review procedure and the date, time, and place of the
fair hearing.
5.15.5 Fair Hearing Officers. All appeals under these guidelines
shall be heard by fair hearing officers,
who shall consist of a five (5) member committee of the
Hanger City Council established for such purposes. A
majority of the members of said committee shall constitute
a quorum for the transaction of business, but a smaller
number may adjourn a meeting from one time to another.
5.15.6 Conduct of Hearing. All reviews by the Council Committee
willbe conducted in accordance with
the following:
1. The Proceeding will be conducted privately and open
only to:
a. the aggrieved person, witnesses and legal
counsel.
b. the Public Welfare Director and his/her case-
workers, the City Manager, witnesses, member
of the City Council, other than Committee
members, and legal counsel.
2. The proceeding will be conducted informally, without -
technical rules of evidence, but subject to the re-
quirements of due process.
3. The review will be opened with a presentation of
issues by the Committee Chairman.
4. After the presentation of issues the aggrieved person
shall present his/her position with the aid of legal
counsel, and/or witnesses.
S. The Public Welfare Director and/or his/her caseworkers,.`
shall then present the position of the Welfare Depart-
ment with the aid of legal counsel or witnesses.
6. All participants shall be given an opportunity to:
a. present oral or written testimony or documentary
evidence;
b. offer rebuttal;
-41-
C. question witnesses on matters germane to
the issue at hand;
d. examine all evidence presented at the hearing.
7. The Committee's decision shall be determined solely
upon the evidence presented by all parties at the
proceeding. Said decision shall be in accordance
with these guidelines and the State statutes relating
to granting of general: assistance.
5.15.7 Decision. Upon completion of the fair hearing, the
Committee shall within five (5) days, prepare
a written notice of its decision which will contain the
following information:
1. A statement of the issue(s);
2. Relevant evidence presented by any participant
at the proceeding;
3. Pertinent provisions of the general law and these
guidelines relating to the Committee's decision;
4. The Committee's decision and the reasons for it.
Copies of the notice of decision will be provided forth-
with to the aggrieved person. The hearing record and the
case record shall be maintained by the Public Welfare
Director.
5.15.8 further Anneal. further appeals may be taken from any
action or failure to act of the Committee or
the Welfare Director, by any party, to the Superior Court
in accordance with Rule 808 of the Maine Rules of Civil
Procedure. The aggrieved person shall be notified of his/
her right to such an appeal.
Cos s fo nmTjpta-wjjjqh� required
ue an a of T}z
Paid fory the a Ilcann.
Sac. 1 Airport Department. 'Psis Department shall consist of the Airport
Operation s Maintenance Division and the
Aviation Services Division, and shall be under the general super-
vision and control of the Airport Manager.
Sec. 2 Airport Mana]erlhere shall be an Airport Manager appointed by
the City Mawgan, subject to confirmation by the
City Council.
2.1 gains sed Tabulations, the Airport Manager shall have
the authority to pecmplgats from
time to time rules arcl regulati,me cot inconsistent with
this ordinance aml which are reasonably required for the
prudent, safe and) efficient operation of botA the public
shall nor -public areas of Banger International Airport.
Sec. 3 Airport Operation a Maintenance Division. The Airport Operation
6 Maintenance Dlvisidl
shall operate and maintain all buildings and facilities lecadMi at
Bangor International Airport.
Sec. 4 Aviation Services Division. Tins Division shall provide all
services approved by the Airport
Manager for aeronautical users of Real International Airport.
Sac. 5 Airport Final Takre is herWy, Created a separate Airport Mond
for the purpose of recording revenues, expenditures,
depreciation rad capital accounts (in accordance with the
National Airport Act of 1958, as assembled.)
* Sec. 6 Ai port Rules and Regulations
6.1 Definitions. wbabover used in these Rules and Regulations, the
following terms. shall have the meanings respectively
hereinafter indicated:
ArRODROMC - Shall mean landing area, a amp and apron areas,
aircraft parking and storagc o tailgate and terminal
buildings and curb other arras as may be designated by the
Manager.
Al DCRadirl - SIm11 m and i:clude any and all contrivances
on tn:
or hereafter used for inavigation of or flight in air
or space, including, but not limited to airplanes, airships,
dirigibles, helicopters and gliders.
AIRCRAFT PARKING AND STORAGII ARIA _ Shall mean and include
those portions o[ the Airport designated .and and, a ailabl,
temporarily or permanently by the Manager to the public for
the parking or storage of Aircraft.
-43-
A1xrVF'1 -deanm
the egur Lnterewttonal Airport,
specifically�najl
tee lands and developments owned, controlled,
operated and maintained by the City of Bangor, consisting
of runways, taxiways, hangars, control towers, reaps, aprons,
buildings, structures, roads, streets, parking and storage -
areas, improvements, utilities, facilities or other real
property, nescacaary orent, or desirable, for the
landing, take -off, accommodation, and servicing of aircraft
of all types and for any commercial,
ial, individual o other
activity transpiring within the perimeter of the Airport.
AIRPORT COMMITI'LE - The Airport Committee of the Bangor City
Council.
AIRPORT HIGHWAY - Shall mean and include those vehicular
ways on the Airport designated and made available temporarily
or permanently by the City of Bangor asways to which the
public has the right of acre=s, within the meaning of the laws
of the State of thine applicable to regulations of motor vehicles.
APRON ARG - See '%amp and Apron Area".
CHILDREN - Shall mean persons under the age of eighteen.
CITY MANAGER - City Manager of the City of Bangor - Ch.. II,
Art. I of the Laws and Ordirunces of the City of Bangor.
EMERGENCY CREW HEADQUARTERS - Sball mean and include the
facility or facilities which Louse the fire fighting and
organization maintained at Bangor International Air-
ports
'FIRE CONTROL RAN - Shall mean and include the chief of the
fire -fighting and r organization maintained by Bangor
International Airport at Emergency Crew Headquarters or his
authorized representative.
PAPE SERVICING VEHICLE - SLall mean and include any vehicle
designated and operated for the purpose of fuel transfer
Handling i connection with tfu
he fueling or. deeling of
aircraft. n
PHIL TRANSFER HANDLING - Shall mean and include the process
of transferring petroleum fuels on the Airport between a bulk
storage facility and fuel servicing vehicle or between a fuel
servicing vehicle and in air, raft.
ITINERANT AIRCRAFT - Shall mean and include any aircraft
using fie Airport, the operator of which has not entered into
a lease agreement with the City of Bangor.
SET AIRCRAFT - Shall mea
and include any and all aircraft
which are not propeller driven, and which accomplish motion
entirely by a direct r action of the thrust of any engine,
ncluding, Let not limited m, engine., which operate on
turbine, ram, rocket, or no( lair princip Ice.
-44-
LANDING AREA _ Shall mean and include any locality, either
of land or water, including airports and intermediate fields
which is used or intended to be used, for the landing and
take -off of aircraft, whether or not facilities are provided
Bar the shelter, servicing Or repair of aircraft
raft or for re-
ceiving or discharging passengers or cargo. (Anno.:6MRSA 85).
MANAGER - Shall mean the Airport Manager appointed by the
City Manager of Bangor, and charged with the duty to supervise
the entire operation of the Airport Department and to perform
such other duties as may be prescribed by the City Manager
or any applicable Federal, State or local laws or ordinances.
(Anno.: Ch. II, Art. 35)
MMR VEHICLE- Shall mean and include any self-propelled
vehicle not operated exclusively on tracks, including motor-
cycles and snowmobiles.
NDN -SCHEDULED CARRIER - Shall mean any airline without a
written agreement with the City of Bangor governing its
Operations at Bangor International Airport.
OBSISIVATION DECK - Shall mean that area of the roof or other
Part of any building designat O by the Manager for the use
of the public for observation.
OPERATOR - Shall mean and include .the cutter or other
person, firm or corporation controlling the operations of
one or eaircraft o eor vehicles; any
person who has rented suchaircraft or vehicle for the
purpose of operation by his own agents.
PERMISSION - Shall mean permission granted by the Manager
Or his authorized representative.
PERSON - Shall mean and include any individual, firm -
partnership, cooperation, association, or company (including
any assignee, receiver, trustee or similar representative
thereof) of the United States of America, or any foreign
government or any state, political division thereof, or the
United Nations, and shall further include aircraft operators,
crew members, passengeis,spectators, sightseers, pleasure and
commercial vehicles, officers and employees of airlines,
lessees and other persons occupying- space at the Airport,
persons doing business with the City of Bangor or the Manager,
its lessees, sub -lessees and permittees and all other persons
whatsoever.
POLICE - Shall maand include the members of the Bangor
Police Department a signed to duty at Bangor International
Airport, or other such Members of the Bangor Police Department,
or other law enforcement agencies authorized by the Police
Chief, as may be assigned temporarily to duty at Bangor
International Airport.
RAMP AND APRON AREA - Shall mean and include those portions
of the Airport designated and made available temporarily or
r
permanently by the City of Bangor for loading o unloading of
both passengers and cargo to or from aircraft.
-45-
STORAGE AREA - See "Aircraft Parking".
TURBD-PROP AIRCRAFT - Shall mean and include any and all
aircraft which accomplish motion by means of a jet engine
having a turbine driven propeller whose thrust may or may
not be supplemented by that of hot exhaust gases issuing in
a Set from the engine itself.
VEHICLE - Shall include all kinds of conveyances or ways
for persons and for Property, including (rotor vehicles and
those propelled or drawn by human power, such as bicycles,
except those need exclusively an tracks.
VEHICULAR PARKING AND STORAGE AREA _ Shall mean and include
those portions of the Airport designated and made available
temporarily or permanently by the City of Bangor as vehicular
Parkinof access n
sswithinand etareas which tpublic
ahas the
right
he meaning OfthelawsOftheState of Maine
applicable to regulations of motor vehicles.
0.2 fen 'al (mist ud RrpuL ti W,a.
A. rCOMPLIANCUwilll RIILLS ANU I6;GUI A'I'lONS
The Manager may issue, from time to time, directly,, as a
necessary to implement the purposes of these rules and regulations
ls ch force and effect asthe
rtrulesrande shall supplement
and have
contained. The Mans regulations herein
Manager shall determine which areas of the Airport
Shall be public and which shall be restricted andshall
de revise
The re6trManager sd areas, from time ie time, is he shall determine.
The Manager shall have three copies of this ordinance and directives
in his office for inspection of any Person and three copies
sbnll Le Eifel] withhthe City Clerk for the convenience Of She
Public,
II. RLS]'NICTED ARIAS
All areas of the Airport except those areasas
may be opened to
the public arerestricted and no person shall enter Customs,.Im-
igration, OrPublic Health area other areas under the jurisdition
of the united States Government ,any private offices, hangars,
maintenance areas, landing areas, ramp and apron a any other
a
restricted are n the Airport posted as being closed to the
p
public exot:
1. Persons assigned to duty or having official business therein.
2. Authorized representatives of the City of Bangor or theManagerand his representatives.
3. Authorized representatives of the United States Government.
a. Persons (laving prior permission of the Manager.
5. Passengers, under appropriate supervision, entering upon the
amp and apron areas for purposes of embarkation and debarkation.
C. SOLICITING„ ADVERTISING, SALES, DISPLAY
So per on unless duly autlmri'ncd 'uy the Nougat or by contract
signed by the City Manager, drill 11 ol upon any area of the Airport:
I. Sell, or offer for sale, any article of merchandise.
2. Conduct any commercial activity.
3. Solicit any business or trade.
4. Solicit alms or funds for any purpose.
S. Post, distribute, or display signs, posters, handbills, n -
papers, advertisements, circulars, or any other printed or
written matter.
D. USE Or AIRPORT FACILITIES
I. No person shall travel on any portion of the Airport, except
upon the roads, walks, or places provided for the particular
class of traflic;nor
occupy the roads o walks in such
manner as to hinder or obstruct their proper use. -
2. No person shall piece, discharge, or deposit in any
offal gatbage, or any refuse in o upon any
landing r
area ramp and apron area, aircraft parking and
storage in any public building or any otber ares o
the Airport except in receptacles provided for the purpose.
3. No person shall enter into any building, loading dock, or
observation, platfore, nor sh"11 they enter upon the landing
'areas, ramp and apron areas, or aircraft parking and storage
areas of the Airport with a dog or other animal, except a
"seeing eye dog", or one properly confined for shipment.
Dogs and other animals are permitted in other public areas
of the Airport if on a leash or confined in such a manner
as to be under positive control.
A. Observation Deck. Children must be accompanied by an adult
wwRien on tie 6Wervation deck.
4. Passengers shall not be permitted to enplane ars deplane except
n the presence of autbo-ized airline. or fixed base operator
personnel or their .desigwted agents or, in the case of
private aircraft, in the areas designated far enplaning or
deplaning private otters ft.
S. Unless otherwise provided in a lease or other agreement, no
person shall a any area of the Airport for storage of
- cargo or otherproperty without permission of the Manager.
s
If, notwithstanding the above prohibition,a person uses
such areas for storage as afersaid, without first obtaining
such permission, then the Manager shall have the authority to
order the cargo or other property removed.
6. No person shall operate, hinder, impair, tamper with or
otherwise affect heater valve:, hydrants, sprinkler valves
and devices, blower motors, the electrical, air conditioning
or heating systems at the Airport without the express permission
of the Manager. No person shall hold open by any device or mechans.
hal means nrin any way cause to be held open or left open any
doer or window in any building at the Airport unless so author-
ized by the Manager.
9. Any a. scheduled airli,.e, general aviation and off-line
scheduled carrier using Bangor International Airport shall use
only such catering s v e licensed by the City of
Bangor to contract business at Bangor International Airport
-47_
a. There sball be no distibotion at or n the Airport by any
person of acv proontioncl customer dividends, including, but
n no way limited to, trading stamps. Whether a particular item
constitutes a promotional customer dividend within the meaning
of this paragraph shall be determined by the Manager.
E. CONDUCT
at or
1
act ifaon thesdoing o oaf?siun theAirport,
endangers or raisto do likel any
endanger persons gens o y
or property.
2. No person shall commit any disorderly, obscene, indecent, or
unlawful act, commit any nuisance or abandon any personal
property at the Airport.
I. FIREARMS AND EXPLOSIVES
No person, except authorized peace officers, post office officials,
customs officials or members of the Armed Forces of the United
States, and the Maine National Guard or Maine Air National Guard
On Official duty or any other persons authorized by the Manager
shall possess any loaded or concealed firearms or explosives at
the Airport. All persons, other than those in the excepted
classes shall, while at the Airport, surrender all such objects
in their possession to the police.
G. ACCIDENTS
All persons involved in any accident occurring at the Airport shall
make a full report thereof to the Police a soon after the accident
s possible and before leaving the Airports
N. PRESERVATION OF PROPERTY
No person shall destroy, injure, deface or disturb, tamper with, o
attempt to destroy, injure, deface or disturb any building,
sign equipment, fixture, marker or any other structure or property
of the Airport.
I. TERMINAL BUILDINGS _
In order to provide for the safety of persons and the prevention
of damage to property, including the terminal buildings, no meet-
ings, mass demonstrations, or crowds unwarranted by the primary
functionof facilitating the travelingpublic, shall be permitted
to o r within a terminal building. The Manager y authorize
groups mato greet or escort dignitaries, such groups not to exceed
25 persons. The Manager may authorize a press conference if he
determines that such conference will not interfere with public trans-
portation.
6.3 Vehicular Operations
A. GENERAL
1. No person shall operate a motor vehicle on the Airport unless
said vehicle is
of properly
r ne ly registered in accordance with the laws
Of the Or by permission of the Manager.
2. No vehicle shall be operated on the Airport if such vehicle i
o constructed, equipped, or loaded as to endanger or to be
likely to endanger persons or property.
3. No vehicle chap NO permitted to Ioperateon
the Airport n wL icli the pull ic. rices not have anright off
access unless aM until such vehicle has been inspected, by
or under the nuthority of The Manager, and a permit with a
assigned number issued to the owner thereof and displayed as
required by the Manager. The inspection of the vehicle shall
not relieve the operator or owner thereof of the duty to com-
om-
ply with any requirements imposed by lav or by these Rules and
Regulations.
4. No person shall operate a motor vehicle anywhere on the Airport
without a valid motor vehicle operator's or chauffeur's license
issued by a State Registry of Motor Vehicles.
5. No person shall operate a vehicle on tNe Airport in a careless
r negligent nun,er, r i disregard of the rights and safety
Of others, Or without due caution Or circumspection or at a
speed or in
a Monger which endangers o is likely to endanger
Persons Or Property or while der the influence of intoxicating
liquor, or any narcotic or habit-forming drug or in violation of
any statute or ordinance.
6. No person shall park a vehicle or leave saestanding except at
such Places and far such periods of time as may be prescribed
Or Permitted by the Manager.
A. Motor vehicles on the Airport shall be operated in strict com-
pllance. with speed limits prescribed by the Manager, as indicated'
by poted traffic n no of thirty-five
(35) miles per hour. _five
and i case in excess
8. The Manager may remove from any area of the Airport any vehicle
which is disabled, abandoned, Parked in violation of these Rules -
and Regulations, or which presents an operational problem, at
theRult er the
eeand such
liability for damage which may
resq. The driver of anyrvehicle involved in an accident on the Airport
which results in injury or death to any person or damage toanyproperty shall immediately stop such vehicle at the scene of the
accident, and give hisnam address, operator's license number
and registration comber to any other person involved in the
accident or to any officer or witness to the accident. The
Operator of such vehicle shall promptly provide a full report of
the accident to the Police.
-q9-
B. OPERATION ON THE AIRPORT HIGHWAYS OR VEHICULAR PARKING AND STORAGE AREAS
1. The operator of a vehicle must ai all times comply with any
lawful order, signal, or direction of an authorized representative
of the manager. When traffic upon such highways or areas is con-
trolled by traffic lights, signs, pavement markings, or by mechanical
or electrical signals such as lights, signs, or markings, these
shall be obeyed, unless an authorized representative of the Manager
directs otherwise.
2. No person shall stop, stand or park a vehicle:
(a) In front of a driveway.
(b) Within a bus stopsafetzone , limousine
Or taxicab one, except with permission.
(c) In other than leased Or authorized areas for the
purpose of washing, greasing, or repairing a vehicle,
except for repairing necessitated by an
emergency.
(d) On the roadway side of any stopped or parked .vehicle.
(double parking)
(a) Within twelve (12) feet of a fire hydrant.
(f) Other than in accordance with restrictions posted
on authorized signs or indicated by painted markings
on curbs or pavements.
3. No person shall park a vehicle within any vehicular parking
and tariff rageor area except upon the payment of such parking
the contract ofetas myfromtime to time be prescribed by
refuse to parking .authority. No person shall
re h e tif£syoorcevade or attempt to ode the payment of
gee.
4. No person shall park a vehicle in any area designated "For
Employee Parking Only" unless such person has obtained
authorization for such parking from the Manager and can pro-
duce valid evidence of such authorization.
C. OPERATION ON AEROEROMIf
1. No vehicles shall be operated on the aerodrome, which shall
include landing areas, ramp and apron areas and aircraft
parking and storage areas except those specifically authorized
by the Manager, who my require that there be displayed on
such vehicle identifying numbers, symbols or flags. The
Maladies
shall Suspend revoke uch authorization if the
t' not n safe condition.
2. The Manager shall not authorize individually owned private
passenger vehicles to operate on the aerodrome unless unusual
renmatances of the business of an Airport tenant absolutely
requires such operation, which may be given by the Manager only
temporarily and upon proof of minimum liability insurance cover-
age of $100,000 per person and $300,000 per accident and
m m property damage insurance of $100,000 per accident.
mmr-
a at all Operator
times of any vahiclle on Such areas of the Airport must
b a comply with y lawful order, signal, o direction
by
authorized representative
reOr entative of the Manager and must possess
311. t.
Parking. cyNo vehicle nye operator's ingm
y park on the lending area,amp and
LY the Manageron area except in areas designated foz parking
Manager.
<. 'All vehicles operating on the landing area shall obtain clearance from the
Control Toyer before entering thereon, Such vebiclee shall he eguippon
radio onwith Or hall be escorted by a vehicle equipped with an operating two-way
the Appropriate grouts frequency. Between One hours of sunset and
anise am during times of reducer] vieability, such vehicles shall ndisplay
appropriate lights as designated by the manager. All vehicles operating an
the lancing area shall continuously monitor the appropriate ground control
frequency am shall immediately comply with any instruction from the Control
Tower, During daylight board, construction vehicles may enter upon the
leading s
ing area under special provision which shall be prescribed by the
Manager with the concurrence of the Control Tower,
5. Vehicles operating on the ramp and apron
areas shall strictly conform to the marked 'Traffic
aircraft parking and storage
established and hall on err "Traffic lens" as currently
e the following rules:
(a) All vehicles except emergency vehicles responding to an emergency, shall
yield the right of way to n aircraft.
(b) antry to or exit from the "Traffic lane" shall be made at a right angle
am opposite the perm of origin or destination.
(c) Vehicles shall came to a complete stop whenever an aircraft is approach-
ing the "Traffic lane" from the lalling area Or is preparing to depart
its gate position. Vehicles will not proceed until the aircraft is
well clear. 414
(d( Through vehicles shall never be driven between an aircraft am its
loading gate.
(e) No vehicle except emergency vehicles shall be driven at a speed i
excess Of 5 miles pen hour within 100 feet of anyterminalbuilds r 15 miles per hour elsewhere any aircraft or
°g o on the a ro3rame.
(f( Drivers of all vehicles shell be continuously alert and shall ex
extreme caution at all times. excise
(9) Aiding on baggage carte, trailer hitches, fenders, oron any portion
Of a vehicle not equipped with proper seats, running boards, handrails
or hambolds is probibited.
(h) Due to the danger of carbon monoxide fumes, no vehicle shall be left
unattended witp the motor running in the Terminal Building.
(1) vehicles smoking excessively shall be restricted from the aerodrome.
-51--
(a) PLRM1TS
1. Application: Persons employed at the Airport may apply for
an aerodrome motor vehicle operator's permit by submitting
an application to the Ofl'i(er in Charge of the Airport Police
Unit. Tenants and Perin& of equipment authorized for operation
n the toerodrame my submit the application for their employee
operators.
2. Requirements: Applicants must:
(a) Be at least 18 years of age.
(b) Demonstrate their ability to properly operate the vehicles
for which they request a permit if required by the Police.
(c) Attain a passing grade on an oral, written and a road test,
if required by the Police.
J. Classes of Permits: Applications for permits for operating vehicles
n the aerodrome of Bangor International Airport shall be made
in accordance with the vehicle classes outlined below:
Class 1: Basic permit for operation of station wagons, passenger
ars, panel trucks, baggage tugs, mobile baggage conveyers, and
any vehicles not exceeding one ton net weight.
Class 2: Permit for operation of large vehicles such as fuel
tank trucks, buses, large food dispensing vehicles exceeding
one ton net weight.
4. Expiration and Renewal of Permit. 'i"ne permit shall show an
expiration data not to exceed two years from the date of issuance.
It shall expire at the end of the applicant's birth month. It
may be renewed on or before the date of expiration, upon appli-
cation to the Police.
S Restrictions on Permit: The permit will show whether the
operator has any restrictions when driving, such as the need
for glasses, hearing aides, or other compensations for physical
impairment.
b. Classification on Permit: No. person is permitted to operate
any motorized vehicle on theaerodrome of Bangor International
Airport in a class other than a class shown on said person's
permit.
i. Carrying and Exhibiting Permits:
(a) Any person operating a motor vehicle on the affrodrome
use have in his immediate possession his valid
aerodrome permit.
(b) This permit shall be exhibited upon request of the Airport
Manager or his outlwri..cd representative.
S. Permitting Bn l icens�I opera yris to opt ra to Me to
Vehicles on the Aerchor, .
(n) Me ptrIon nlmlL ptr:nif or direct the air ol: any
motto17lI vehicle in ih., a tathome of Bangor Inter-
national Airpurt unlov, the operator of the vehicle has
in hit immediate pnsseesion a valid aerodrome permit
n his nam.. 519 _
(b) The foregoing paragraph shall notapply to a person undergoing
training for obtaining an aerodrome permit by an authorized licensed
aerodrome motor vehicle operator.
L. OPERATION. OF TAXICABS, LIMOUSINES, CHARTER AUTOMOBILES, MOTOR BUSES AND
RENTALCARS - -
1. No person shall operate a taxicab, limousine, charter automobile o
roto' We upon the Airport far the purpose of carrying passengers,
baggage or both for Lire axcept i conformity with directives governing
the operation of taxicabs, limousines, charter automobiles, and motor
buses, as established by the Manager. -
2. No person shall solicit rental car business or transact rental ca
business on the Airport premises he is the holder of a permit
or contract issued by the Airport Manager. This section shall not
be construed so as to prevent delivery of rental cars for arriving
passengers previously reserved by the customer at another point. Evi-
dence of such prior reservation may be required by the Manager.
6.4 ENFORCEMENT (see See. 8.6)
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**Sec.7 AIRCRAFT OPERATIONS
7.1 Rules and Regulations
1. No person shall navigate any aircraft, land aircraft upon, fly aircraft
from, o conduct any aircraft operations o r from the Airport, otherwise
than in conformity with the current Federal Aviation Administration, civil
Aeronautics Board, Maine StateAeronautics Department, and the Airport
Department's Rules and Regulations.
2. The Manager shall have the complete authority to deny the use of the
airport to any aircraft or pilot violating the rules and regulations
of the Bangor International Airport, Maine Aeronautics Department, or
Federal regulations, regardless of where such violations occur.
7.2 Aircraft Requirements.
1. No aircraft may land or take off at the airport unless it is equipped
with brakes and a functioning radio capable of two-way communication
with the Control Tower on appropriate frequencies in use, except in
the case of an emergency.
2. No motorless aircraft may land or be towed for takeoff at the airport
without permission. _
3. No experimental aircraft nay land or take off from the airport unless
previous permission for the operation of that particular type has been
granted by the Manager, or in case of emergency.
7.3 Operational Requirements. .
1. Aircraft landing at the airport shall make the landing runway available
to others by leaving the line of traffic as promptly as possible.
2. No air -carrier or supplemental shall practice aircraft landing or
takeoff at the airport without permission.
3. No aircraft shall use any part of the landing areas considered temporarily
safe For landing or taking off, or which is not available for Bey_
cause, s a h areas to be suitably marked and described by NOTAM.
4. Aircraft shall remain on marked hard surfaces of runways, taxiways and
ramps only.
S. The pilot or other person aboard engaged in the operation of any aircraft
(except when subject to the direction or control for ground movement
purposes, of the federal Aviation Administration or like Federal Agency)
being operated on the surface of any landing area, ramp and apron area
raft parking and storage ar, must at all times comply with
any lawful order, signal or direction of an authorized representative
of the Bangor International Airport. when operation of such aircraft is
sontrolled by lights, signs, signals and markings such signals, etc.,
hall be obeyed unless an authorized representative of the airport
directs otherwise.
6. No aircraft shall be operated on the surface of a landing area, ramp
and apron area ore
aircraft parking and storage a careless o
negligent manner or in disregard of the right and safety of others,
or without due caution and circumpection, or at a speed or in a
which endangers unreasonably, person or property, or While the pilot,
or other aboard controlling any part of the operation, thereof, is under
the influence of intoxicating liquor, marijuana or any narcotic at
habit-forming drug, or if such aircraft is so constructed, equipped or
loaded as to endanger unreasonably person or property.
]. Every aircraft parked on a ramp or apron arm, shall have its running
lights lighted during the hours between sunset and sunrise unless the
Airport Manager specifically approved otherwise.
A. Aircraft dump valves shall be tested only in those areas designated
for that purpose by the Manager.
9. The pilot oroperator of t enerant aircraft landing at the airport shall
register at the Airport Operations Office or the Fixed Base Operations
Office, if so designated, immediately after landing: he shall also check
out at such operations Office immediately before departure.
1D. No person shall park, store, service
c
repair an aircraft or leave the
same standing i a landing area,ramp or apron area or aircraft park-
ing and storage area at the airport, except at such places as say be pre-
scribed or permitted by the Manager. -
11,No aircraft shall be taxied at the airport unless a certified pilot
certificated to operate that particular type of aircraft or
acertified
ME mechanic properly qualified to taxi that particular type of aircraft
shall be attending the controls. In the case
of helicopters, only a
certified helicopter pilot shall attend the controls.
12. All strafe ft Wbich are being taxied, loved or otherwise moved at the
airport shall be under full control and move or be moved at a reasonable
d.
speewhenever any aircraft is being taxied, towed or otherwisemoved
n the landing ar, there shall be a person attending the controls of
the a raft who shall monitor by radio the transmitting frequency in
e by the Control Tower. In the event the aircraft radio is inoperative,
the persons moving the aircraft shall obtain vehicular radio guidance
or obtain prior approval from the Control Tower For visual means of
communication.
la. .411 aircraft being taxied, towed o otherwise moved at the airport shall
proceed with running lights on during Nc hours hetveun sunset and sunrise.
14. No aircraft shall be taxied into or out of a hangar under its own power.
SS -
15. Helicopters shall not be taxied, towed, or otherwise moved with rotors
turning at the airport unless there is a clear area of at least fifty.
(50) feet from the outer tip of each rotor. No helicopter shall be
operated within two hundred (200) feet of any areas on the airport where
unscented light aircraft are parked.
Is. No Jet or turboprop aircraft shall be started, runt -up, or taxied at
the airport where the exbaust bloat may cause injury to persons or
do damage to property. If it is impossible to start or taxi such
aircraft without compliance of the above then the engine meet be shut
off and the aircraft towed to desired destination.
17. No aircraft shall be started or run at the airport unless a certified
pilot certified to operate that particular type of aircraft or a
certified ME mecbsnic qualified to start and run the engines of that
Particular type of aircraft All be attending the controls. Wheel
blocks shall always be placed at the front and rear of each main landing
wheel and the brakes of the aircraft shall be on and lacked before the
engines are started except in cases where in the opinion of the Manager
other procedures are equally safe.
18. Wherever possible, engines shall not be operated on the airport in
such a position that other aircraft, hangars, other buildings or spec -
nature shall be in the path of the propeller slipstreams or Jet exhaust
blasts.
19. No Jet Or turbo -prop aircraftengine shall be runup except on eup
Pads in then authorized thorized by the Manager. va
20. In the event of spillage or drippings of fuel, oil, grease, or any
other material which may be unsightly or detrimental to the pavement
in any area of the airport, the same shall be removed immediately. The
responsibility for immediate -removal of such fuel, oil, grease, or other -
notarial shall be assumed by the operator of the equipment causing
the same or by the tenant or concessionaire responsible for the deposit
thereof on the pavement.
21. Except upon leased premises, the cleaning of or otherwise maintaining
aircraft shell be accomplished in areas designated for that purpose by
the Manager. -
7.4 Aircraft Fees.
1. No person shall land or takeoff an a raft on or from a landing area,
r use a ramp or apron area, except upon payment of such fee or charg
a,
s nay from time to time be prescribed by the City of Bangor, unless
such person is entitled to user
such area under a lease o special agree-
ment. No person shall refuse to pay or evade or attempt to evade the
payment of such tariff or charge.
-S6-
2. All fees or charges due the City of Bangor for are of landing areas,
ramp and apron areas and aircraft parking and storage areas by
itinerant aircraft shall be payable to cash, unless credit arrangements
satisfactory to the City of Bangor have been made in advance or per-
mission has been secured for payment by check in the suet amount of the
fee.
3. The fees or charges prescribed by the City of Bangor for aircraft
occupying ramp and apron areas oraircraft parking and storage areas
shall constitute an offer by the City of Bangor to extend only the
privilege to occupy said space for parking or storage. Said offer shall
not include nor shall it imply an offer by or any obligation upon the
City of Bangor to exercise any duty toward the care, safekeeping o
security of the user's property.
7.5 Moving of Aircraft Equipment
If posing an operational problem or in order to facilitate a removal,
weeping operations or other necessary maintenance functions, at
the direction of the Manager, the pilot or operator of any aircraft and
the owner of any aircraft servicing equipment parked or stored at the
airport shall move said aircraft or equipment from the place where it is
parked or stored to any other designated place at the airport: if the
pilot or operator refuses to promptly comply with such direction, the
Manager may tow or remove said aircraft or equipment to such designated
place, and at the pilot's or operator's expense and without liability
far damage which may result in the course of such moving.
7.6 Disabled Aircraft
1. Me pilot or operator thereof shall be responsible for the prompt dis-
posal of wrecked or disabled aircraft and parts at the direction of
the Manager; in the event of his failure to comply, wrecked or disabled
aircraft and parts may be removed by the Manager at the operator's and/or
owner's expense and without liability for damage which may result in
the course of such removal. _
2. In order to restore night service,
rvice, the Manager may remove damaged air-
craft from the landing areas or raand apron areas of the airport
at the eoryense of the operator and/or owner and without liability for
damage which may result in the course of such removal.
7.7 Accidents
The pilot or operator of any aircraft involved in any accident, causing
personal injury or property damage at the airport, shall make a prompt
and full report of said accident to the Airport Police or ac authorized
representative of the Manager.
7.0 Authority to Prohibit Operations
Except for emergency landings, the Manager may prohibit aircraft
landing and takeoffs at any time and under any circumstances, which
me
be des likely to endanger persons and property.
e� Sen.8 SAFETY AND FIRE PREVENTION. -
0.1 General
1. ne rules and regulations pertaining to safety and fire prevention as
promulgated by the Airport Department of the City of Bangor shall be
implemented and enforced by the Airport Manager.
2. During the course of actual incidents on the airport, involving fire
or threat of fire which may endanger life or property, the Fire
Prevention Officer shall be in charge of fire prevention, fire fighting
and rescue operations.
S. All rules, regulations and recommended practices pertaining to safety
and fire prevention contained in the National Fire Codes publfshea by
the National Fire Protection Association or promulgated by the National
Board of Fire Underwriters and Fire Insurance Underwriters shall be
adopted, whether or not specifically provided herein.
8.2 Safety and Fire Prevention Requirements
1. No person in or upon the airport shall do or omit to do any act if
the doing or omission thereof endangers unreasonably or is likely to
endanger unreasonably persons or property.
2. All persons at the airport shall exe i e the utmost care to guard
against injury to persons or property by fire or otherwise.
8. Detected fire, or safety hazards, shall be immediately reported to the
Fire Prevention Officer.
4. No person shall banks or carry lighted cigars, cigarettes, pipes, matches
or any naked flame in or upon any fuel storage area, landing area, ramp
r apron area, aircraft parking and storage area, or any open deck,
gallery or balcony contiguous to and overlooking any such area, in any
other place where smoking isspecifically prohibited by signs, upon
any open space within fifty (50) feet of any fuelservicing vehicle
which is not i motion, o ss m other place at the airport under such c ca -
stances as may or might be likely to endanger persons or property.
S. No person shall conduct any open flame operations, operate an
acetylene
torch, electric are or similar flame or spark producing device On any
part of the airport except in areas within leased premises designated
for such use by the Manager, without first obtaining permission in writing -
S8-
from the Manager, who may require that a permit be obtained. No such
permit will be issued for such operations within an aircraft hangar o
within say fuel storage area or fuel parking area,
eunless the work ie
required for the repair and maintenance of said hangars or areas. Should
the Fire Prevention Officer deem a "fire pence" to be necessary, such
shall be provided by and at the expense of the agency responsible for
the existence of the fire hazard.
6. No person shall without prior permission of the Manager, keep, transport,
handle or store at, in or upon the airport any cargo of explosives or
other dangerous articles which is barred from loading in or transportation
by civil aircraft in the United States under the c rent provisions of
Part 49 of the Civil Air Regulations promulgated by the Civil Aeronautics
Board. Any waiver of such regulations or of any part thereof by the Civil
Aeronautics Board or by any other competent authority shall not constitute
r be construed to constitute a waiver of this rule or an implied permission
to keep, transport, handle or store such explosives or other dangerous
articles at, or upon an air terminal. Advance notice of at least twenty-
four (24) hours shall be given the Manager to permit full investigations
and clearance of any operation requiring a waiver of this rule. _
]. No person except in connection with authorized military operations shall,
at any time, stere,keep, handle, use or transport at, in or Won the
airport any article employing atomic fission or radioactive force.
8. No person except in
connection with authorized military operations shall
store, keep, handle, me, dispense or transport at , in or upon the air-
port any Class A or Class B explosives (as defined in the Interstate
Commerce Commission Regulations for Transportation of explosives and other
dangerous articles), dynamite, nitroglycerine, black powder, fireworks,
blasting caps or other explosives, gasoline, alcohol, either liquidshellac,
kerosene, turpentine, formaldehyde, or other flammable or combustible
liquids, ammonium nitrate, sodium chlorate, wet hemp, powdered metallic
magnesium nitrocellulose film, peroxides, or other readily inflammable
solids or oxidizing materials, hydrochloric acid, sulpburic acid or other
corrosive liquids, prussic acid, pbosgene, arsenic, semantic acid potassium
cyanide, tear gas, lewisite or any Class A. poisons ( as defined in the
Interstate Commerce Commission regulations far transportation of explosives
and other dangers o
articles), any compressed gas, o any radioactive
article, substanceor material, at such time or piece or in
s uch manner
nayondition as to endanger unreasonably person or property."a Manager
require that a permit for nthe 9storage of all such materials be ob-
tained from the City of Bangor, to be conspicuously posted at each
location and subject to annual inspection and renewal. Materials normal-
ly stored on and Per the operational use of an aircraft shall be exempt
from the provisions of this paragraph.
9. The beating of engines at the airport shall be done only by the use of
steam, hot water, hot air or approved electric beaters.
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10. Aircraft shall be parked on ramp and apron areas so as to permit free
access of fire apparatus to all sides of the aircraft at any time.
11. No aircraft, vehicles, mobile equipment, power units, ramps or
associated
equipment, shall be located so as to prevent free access to and the normal
use of fire hydrants, gates, doors or passageways.
12. Fire extinguisber equipment at the airport shall not be tampered with at
any time or used for any purpose other than firefighting or fire pre-
vention. All such equipment shall be inspected in conformity with the
National Board of Fire Underwriters' regulations. Tags ahowing the date
of the last such inspections shall be left attached to each unit.
13. The lessee of a building equipped with sprinkler Systems shall assign
qualified employees to make weekly inspections of the systems toinsure
their in-service status.
8.3 Housekeeping Practices
1. Highly inflammable, bolatile liquids or solutions shall not be need for
cleaning purposes unless authorized by the Fire Prevention—Officer.
2. No person shall use volatile liquids for cleaning purposes unless such
cleaning operations are conducted in an outside and remote area, or in
s
room or building specifically set aside for such operations, which room
or building shall be properly ventilated, fireproofed and equipped with
adequate readily accessible fire extinguishing apparatus in accordance
with the rules of the National Board of Fire Underwriters.
S. Discarded inflammable liquids shall be properly contained and labeled as
may be required and shall be removed from the airport each. day.
4. Lessees of hangars or other aircraft servicing or maintenance buildings,
terminal buildings or other arms shall provide suitable metal re _
ceptacles with self-closing lids for the storage of oily Wastes, rags
and all other combustible rubbish or trash. All such materials shall
be disposed of by the lessee off of the airport each day.
s. All lessees on the airport shall keep the floors of hangars or other
buildings free and clear of oil, grease and other inflammable materials.
The floors of hangars and other buildings shall be cleaned daily and kept
free of rags, waste material or other trash.
6. Any person, causing overflow or spillage of excess oil or grease on any
apron area shall be responsible for cleaning such areas.
]. No petroleum products or objectionable industrial waste matter shall be
dumped or be pexmicxed to drain into drainage ditches, gutters, bodies of
water or into sewer systems or storm drains.
— (a U
10. Fuel Transfer handling is prohibited while the engine of the aircraft
being fueled or defueled-ie bnning ors being hreated. Fuel ehall be
delivered or drained through hose aid connections approved by the National
Board of Fire Underwriters.
11. vers'onu engaged in aircraft fuel transfer handling shall exercise every
precaution to prevent overflow of fuel.
12. The transfer of bulk aircraft orercial fuel from one fuel servicing
vehicle into another is prohibited within the boundaries Of thea sport.
15. Fuel transfer handling operations shall be conducted only i such areas
authorized for this purpose by the Manager and never within fifty (SO)
feet of any building. Fuel Lnnafer handling operations shall act be con-
ducted unless fully trained and qualified employees are available, o of
whom must be stationed at all times immediately adjacent to the fuel e
servicing vehicle in use.
14. Fuelservicing vehicles shall be parked only in approved and designated
areas in a manner to permit rapid removal, accessibility of fire apparatus
and spaced at least twenty (20) feet apart. Parking elsewhere is per-
mitted only during actual fuel transfer handling operations or far short
periods with a driver in the vehicle. At no time shall a fuel servicing
vehicle be parked within fifty (50) feet of any building.
8.5 Fuel Spillage
1. Any person or agency causing any fuel spillage during fuel transfer
operations or otherwise, shall be responsible for all consequences arising
therefrom.
2. Persona responsible for large fuel spillage(six (6) feet ore in
diameter) shall immediately notify O e to be notified withthe least
delay, the Emergency Crew Headquarters. Upon notification, corrective
action will be immediately initiated at the discretion of the Fire Pre-
vention Officer and at the expense of the responsible person or agency.
3. Conditions within large fuel spill areas shall be left undisturbed &nding
the arrival of the Airport Emergency Crew apparatus, and all personnel
,aballimmediately. leave the fuel spill area.
4. Persons responsible for small fuel spillage (less than six (6) feet i
diameter) shall cause a fire guard to be posted and the spill to be promptly
cleaned up using techniques recommended by the National Fire Protection
Association.
S. No person shall proceed with any operation which is likely to result in
luel spillage without prior approval of the fire Prevention Officer.
8.6 ENFORCEMENT
I. the laws of the State of Maine shall, where applicable, be enforced
n the ma er provided by law. City Ordinances and Rules and Regu-
lations of the Airport shall be enforced in the manner provided.
2. All rules and regulations herein contained shall be enforced by the
Manager or his authorised representative or the Police.
9. Any person who shall violate any provisions of this ordinance, upon
conviction thereof, shall be punished by a fine or penalty of not more
than $100. Each and every violation of the provisians of this
ordinance shall constitute a separate offense.
If any section, or part thereof, of this ordinance is held invalid
by any court, the remainder of the ordinance shall not be affected
thereby.
Sed. 9 renews. Ibe City Manager is hereby autborized to execute sod
deliver all leases of rentable load and buildings within
the confines of the Airport, subject to the approval of the Airport
Committee, or a majority tbereof.
Sec. 10 Employee Qualifications. Effective January 1, 1976, no person shall be
yue 1 iT Tie o or appointment to positions of employment except for
Clerk Typists, Clerk Stenographers, Account clerks, Cost Accountants and
Custodial Workers in the Airport Department, whether on a temporary or
permanent status, unleee he shall within six (6) months of his date of hire
establish a permanent domicile within a lineal distance of the Motor Pool -
Garage (Building No. 285), Bangor International Airport, as show on a. map
dated October 15, 1975, entitled Residency Requirements, on file in the
office of the City clerk and made a part hereof. The period for establishing
a domicile hereunder may be extended far an additional period not exceeding
six (6) months by the department head with approval of the City Manager.
All qualifying persons so hired or appointed shall continue to maintain
their domicile within said lineal distance for the entire period of their
employment with the City of Bangor. Tne requirements of this section shall
not apply tsthoae persons hired or appointed to such positions of employment
n the Airport Department prior to January 1, 1976, and who, on that date,
maintain a permanent domicile beyond said lineal distance. The requirements
of this ordinance shall be in addition to all other qualifications for
employment by the Airport Department as may be imposed by statute, ordinance
or regulation of any duly constituted governmental authority.
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7 CIYUYHR IP
ARTICLE 0 - POLICE DEPARTMEMI
Sec. 1 Police Department Created. In accordance with Article V, Section 2 (a)
of the City Charter, there is hereby established
a Police Department.
Sec. 2 Functions of the Police Department, It shall be the functions of this
department:
2.1 Administrative. To provide for the over-all administration of the
Police Department, including the care
of prisoners,
maintenance and operation of the police communicationsystem and
short wave radios and the operation of the police signal system.
2.2 Building Operation and Maintenance. To provide far the maintenance
of the interior of the Police
Building.
2.5 Patrol. To provide all patrol operations of the department, includ-
ing foot and cruiser patrol, street traffic duty, and
routine i, estigatiora rot assigned to the detective division.
2.4 Traffic. To provide for the control of traffic, traffic educational
programs, traffic studies., school traffic -guide program,
the coordination of traffic violation prosecutions, collection of
parking fees and the maintenance of and collection from parking
meters.
2.5 Criminal Detection. To provide for the operation and maintenance of
the central records system of the Police Depart-
ment, taking photographs and fingerprints, classifying fingerprints
and preparing reports for exchange with other Police Departments. To
carry out the investigation of all complaints and crimes, the prepara-
tion of evidence far the prosecution of criminal cases and the inves-
tigation and settlement of juvenile problems and offenses.
2.6 Equipment Operation and Maintenance. To provide for the operation
and maintenance of all police
vehicles.
Sec. S Police Chief. There is beraby authorized and established the position of
Police Chief. This position shall be Included in the
Personnel Classification and Compensation Plan for the City of Burger.
The Police Chief shall supervise the entire operation of the Police
Department. The Police Chief shall be appointed by the City Manager on
basis of merit and fitness alone, subject to the confirmation of the
City Council.
5.1 Responsible for Law and Order. The Police Chief shall be responsible
for the enforcement and maintenance
of law and order and the protection of public safety, morals and
welfare.
_65-
3.2 Make Div] ton Assignments - The
Chief shall officers or employees
within the department.
3.3 D sl nate Instructor. phe atent lice Chief Officer to act asdpolice instructor.
Such officer shall conduct such schools as the Police Chief shall
order.
3.4 Assistance at Firesit shall be the duty of the Police Chief, and
ice 9n sucM1 ofElcen an alarm for fire,DepartEortment as
hwlth
may be asst ed for such duty, o
report to the place where the fire may be and use their best
exertions to preserve the public pe ce andse t nevemmoval theft
all sus -
the destruction of property, and to
second persons.
3.5 M hl Re [ Cit Manaoer. The Police Chief shall make a
report to the City Manager before
the first Council meeting of each month, as to the business of his
office during the preceding month.
3.6 Other Duties. by theform Citysuch
Manager or any applicableutias may statecor'bed
local laws and ordinances.
Sec. 4 Uniforms Provided. The uniformed members of the Police Department will
be provided with uniforms A the expense of the City
government. Such uniforms are to be supplied according to need as
established by the Police Chief and approved by the City Manager within
the available appropriation.
*Sec. 5 Allotment for Plain Clothesmen. Menbers Of required the
ewear plairtment who
n clothes shall
receive annually, a payment of anamountto be determined in the annual
budget Not more than
In any fiscal year. TThis clothing not dallowance shall nt shall be tbeppaid e for ato civilian
ch n
employees of the department.
**Sec. 6 Quail I 1 for Police Officer. topon thethe
Police Departnment not alreadyt of any nt
having a domicile within the City of Bangor, such applicant shall within
x (6) months thereafter establish his domicile and remain within a lineal
ion in the
ty of
ngor as
dIstance of the map dated Sept tuber Central2, 1975atentitled "Fire men aBand Polfcemenn on a
Residency Limitations", on file In the office of the City Clerk and made
a part thereof.
*Amended May 27, 1968
**Amended November 9. 1981 - C.O. 81-385
CHAPTER II
ARTICLE 8 - FIRE DEP.ARTtf
Sec: 1 Fire Department Created. In accordance with Article G, Section 2 (a)
or the City Charter, there is hereby established
a Fire Department. -
Sec. 2 Functions of the Fire Department. It shall be the function of thin
departmnq
2.1 Extinguish Fires. To provide for the extinguishment of fires, the
saving of life and property from fire, and the
performance of various miscellaneous services to the public of an
emergency nature.
2.2 Inspections.. To provide for the inspection of potential fire
hazards, as often as may be necessary, but not less
than twice a year in outlying and four tfines a year in closely built
portions of the City, all buildings, promises and public thorough-
fares, and order the tamest orremedy of any daageroas fire con-
ditions in asuch building or structure and each order shall
be complied with by the owner or occupant of such building or.
structure, and to inspect any violations of the provisions or
intent of the laws of the state, or any ordinance of the City
affecting the fire hazard.
2.3 Compel Assistance at Fires. To compel and require the assistance
of all persons present at spy are in
extinguishing the are and removing farnit:re, goods and merchandise
from any building on fire or in danger thereof; and to help in the
protection of said property, to guard and secure the same, and i
pulling dawn or demolishing any house or building, or suppressing
tumults and disorder.
2.4 Care of Equipment. To be responsible for the mainterance and care
of all property and equipment used by the depart-
ment
2.5 Keep Records. To be responsible far keeping a record of all fires
and the number of buildings and the value of property
destroyed or damaged by Fire with the names of the owners, if kmrm;
such records shall be cede available to the City Manager and included
in the annual report. ,
2.6 Preserve Peace. To be responsible, in cooperation with the Police
Department, to preserve the public peace, prevent
theft and destruction of property, and to rause the ramval of all
suspected persons at the scene of a fire.
Sec. 3 Fire Chief. There is hereby authorized and established the position of
Fire Chief. Phis position shall be included in the Personnel
Classification and Compensation Plan for the City of Bangor. The Fire
Chief shall supervise the entire operation of the Fire Deertment. Me
Fire Chief shall be appointed by the City Manager on the basis of merit
and fitness alone, subject to the confirmation of the City Council.
-CnS_
3.1 Rules and Regulations. The Fire Chief shall provide rules and
regulations far the government and efficiency
of the department and submit such rules and regulations to the City
Manager and Said rules and regulations shall take effect when approved
by the City Manager.
3.2 Fire Inspector. The Fire Chief shall be Fire Warden and Fir lnapec-
tor and i5 hereby authorized and required to perform
all the duties of fire inspector under and by virtue of the provisions
of the Revised Statutes of Maine, as amended, and all acts additional
thereto and amendatory thereof.
3.3 Shut Off Electric Current. The Fire Chief Shall have authority, i
case of fire, to order the current shut
off from such wires as he knows or believes to be dangerous to life
or property, and no person or corporation shall refuse to shut off
such current when so directed by the Fire Chief.
3.4 Monthly Report to City Manager. The Fire Chief shall make a report
to the City Manager, before the
first Council meeting of each month, as to the business of his
office during the preceding month.
3.5 Other Coffee. To perform such other duties as may be prescribed by
the City Manager Sr any applicable state or local
laws and ordinances.
Sec. 4 Use of Fire Buildings. The buildings occupied by the Fire Department
shall be for the exclusive use of the departhennt.
4.1 Gambling. No gambling mr the use of intoxicating liquors Shall be
allowed or permitted in buildings occupied by the
Fire Department.
Sec. 5 Uniform. The uniformed members of the Fire Department will be provided
with uniforms at the expense of the City government. Such
manures are to supplied according to the need established by the Fire
Chief and approved by the City Manager within the appropriation available.
5.1 Additional Clothing. The City shall furnish caps, badges, uniform
buttons, rubber coats, rubber boots, and
helmets for the officers and members of the Fire Department, and said
articles shall remainthe property of the City.
Sec 6 Assistance to Other Cities. The city Manager, Fire Wei, or official in
charge of the Fire Department for the time
being, may permit the fire fighting equipment to be sent to the assistance
of other cities and towns in cases of fire emergency' but such apparatus
shall not be taken out of the City for any other purpose. The Chief of the
Fire Department shall, promptly after such service, render a report to the
City Manager of the time and the number of pieces of apparatus and the
number of men involved; and the City Manager Shall arrange with the City
Treasurer to promptly render bills for such services and collect the moneys
due the City. No bill shall be rendered to any community with which the
City maintains a reciprocal arrangement for fighting fires.
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Sec. 7 Tampering with Alarm System. No person shall tamper with the City fire
alarm, police signal, tapper circuits o
any part of the fire alarm system. No person except the Fire Chief
and his assistants, the City Electrician and his assistants shall have
a release key to the fire alarm boxes.
Sec. N Demolish Buildings. Whenever it shall be determined by the Fire Chief
or officer in command at any fire to pull down or
demolish any building which may be on fire, or which it may be deemed
donesry to remove to prevent the spread of fire, the same may be
by ehis nyder.
Sec. 9 Exposed Fires Prohibited. No person, shall kindle, maintain o assist
in maintaining any bonfire or other exposed
fire within the City, excepting under written permission from the Fire
Chief, when such burning may he done in metallic receptacles approved
IV him, or under proper safeguards as be may direct as to time and
Bather conditions, and on condition that such permission and obliga-
tion on the part of such person or persons to keep a sufficient con-
trol ofsaid fire, and to be responsible far all damages therefrom,
and that all embers shall be extinguished and the hot ashes removed
or wet down at the close of said fire.
Sec. 10 Fire Alarms. If any person shall wilfully or maliciously give or cause
to be given a false alarm of fire by ringing an alarm bell
r by pulling in an alarm at any box of the fire alarm system or shall
wilfully or maliciously break, destroy or tamper with in any way the
apparatus comprising the fire alarm system, he shall be punished by a
fine of not less than fifty dollars nor more than one hundred dollars,
r by imprisonment in the county jail for a period not exceeding
ninety days, or by both fine and imprisonment.
Sec.11 Penalty. Whoever violates the provisions of the preceding section= fnr
which punishment is not provided for shall be punished by a
fine not less than twenty dollars ($20.00), nor more than one hundred
dollars ($100.00) for each offense. gacN day shall constitute a
separate offense.
Sec.12 Burning of Paint from Buildings. No person shall use a gasoline blow-
torch or other open Flame device for
purposes of removing paint from any building or structure located in the
City of Bangor.
Sec. 13 qualifications for Firefighter. Upon the appointment of any
applicant to the Fire Department
not alrealy having a domicile within the City of Bangor, such
applicant shall within sin (6) months thereafter establish his
domicile and remain within a lineal distance of the central Fire
Station in the City of Bangor as shown M a map dated September
22, 1975, entitled "Firemen and Policemen Residency Limitations",
on file in the office of the City Clerk and made a part hereof.
Sec. 14 Code Etnforcmment Division. It shall be the function of the
Cade Enforcement Division to administer
and enforce all oniinances and State statutes coming within its
jurisdiction, including, but nM limited to, the BOCK Basic
National Building Cade, BSA Basic Property Maintenance Cale,
State Plumbing Regulations, BOLA Basic Mechanical Cade, National
Electrical Code, Zoning Ordinances, Bangor Center Revitalization
Area Ordinance, One aM Two Family Dwelling Com, aM Historic
Preservation OMinance.
14.1 Director of Code Enforcement. no Director shall
supervise the entire
oparatiM of the Cale Enforcement Division. The Director
of Cade Enforceneot shall be appointed by the Fire Chief,
subject to confirmation by the City Manager.
14.1.1 Other Enfox lent Officials. 'It folloring officials
shall be, employed in
the Code Enforce ant Division, and their activities
shall pe under the direct supervision aM control
of the Director. All said officials shall be
appointed by the Director on the basis of fitness aM
merit alone, subject to confirmation by the City
Manager:
(a) Building Inspector(s)
(b) Plunbing Inspector(s)
(c) Electrical Inspector(s)
(d) Housing Irepector(s)
(e) Sanitarian(s)
(f) Code Enforcement Officer(s)
14.2 Duties. the Code crforcarent Division shall perform all
such duties as may he required by law on the part
Of its various gyred enforcement officials.
�B-
CHAPTER II
ARTICLE 9 - PUBLIC SERVICES CEPARIMENf
Sec. 1 Public Services DMartment. This Impartment shall consist of the
Engineering Division, Operations 5
Maintenance Division, Parks 6 Recreation Division, and Treatment
Plant Division. The Division shall be under the general supervision
ani control of the Public Services Director.
Sec. 2 Public Services Director. Tha "lie Services D1rseter shall ne
appointed by the City Manager, subject
to confirmation by the City Council.
Sen. 3 pgineerieg Division. It shall he the function of the Ogineering
Division:
(a) Make Surveys. To make surveys, including levels, prepare plans
and profiles, smite specificatio sand perform other
related engineering work in connection with streets, sewers and other
public structures.
(b) Construction of Public Structures. To make quantity and cost call -
mates, inspect and approve the
construction of public structures, and perform all other related
engineering work for the City not specifically herein enumerated.
ic) Record New Streets. To record new streets as laid out in the City
Road Book and establish the lines and grades
for building new streets and for regrading old streets.
(d) Erection of Monuments. To superintend the erection of monuments
at the intersection of streets, and preserve
and reset all street monuments disturbed or liable to be disturbed
in grading or building streets.
(e) Maintain Records. To maintain and safely keep all engineering
records, instruments, plans, profiles, records
of surveys and all other property and papers relatinsl to engineer-
ing work of every description belonging to the City of Bangor, and
SM11 deliver same to his successor in office.
(f7 Services for other Deparments. To perform all engineering seices
for the Public Works Deparment and
far such other departmenffiof the City as may from time to time
require such service.
M
3.1 City Engineer. the City DWineer shall te appointed by the
City Manager, subject W confiimatim by the
City Council.
Sec. 4 operations 6 Maintenance Division. It shall W the funccim Of
the operations s Maintenance
Division W perform construction and maintenance of City buildings
and facilities; to provide municipal garbage and refuse disposal;
to operate and maintain municipal highways, municipal gravel pits,
cemeteries and sanitation facilities; and W be responsible for
and oversee the operation and maintenance of the City's harbors
and wfazves. ibr purposes of performing such function, the
operations S Maintenance Division shall be organized in sxh
sections as tlw_ City Manager may deer advisable from time to time.
4.1 Motor Fool Section. It shall be the duty and function of
tno MP[or 1W1 Section W maintain and
care for all City -owned vehicles.
4.1.1 Motor ibol Director. Me IbWr Pool Director shall
be appointed by the Public
Services Director, subject W confirmation by tie
City Manager.
4.CA
Employee Qualifications. Effective January 1, 1976, no person shall be
qualified for bire or appointment to positions of
employment except for Clerk Typists, Clerk Stenographers, Am�oo�Q.t� Clerks,
Cost Accountants and Custodial Workers in the Motor Pool n:w ft', whether
on a temporary or permanent status, unless he shall within six (6) months of
his date of hire establish a permanent domicile within a lineal distance of
the Motor Pool Caress (Building No. 285), Bangor International Airport, as
sham on a map dated October 15, 1995, entitled Residency Requirements, o
file in the office of the City Clerk and made a Part hereof. The period for
establishing a domicile hereunder may be extended for an additional period
not exceeding six (6) months by the department head with approval of the
City Manager. All qualifying persons so hired or appointed shall continue to
maintain their domicile within said lineal distance for the entire period of
their employment with the City of Bangor. The requirements of this section
shall not apply to those person hhee for appointed to such positions of
employment i the Motor Pool prior to January 1, 1976, and who,
n that date, maintain a permanent domicile beyond said lineal distance.
The requirements of this ordinance shall ,,�p���� aaddition to all other qualifica-
tions for employment by the Motor Pool Bk'r'bwr"et as may be imp sed by
statute, ordinance or regulation of any duly Constituted governmental authority.
4.1.3 Bos operation. (Reserved)
-70-
4.2 $e Yr Section. (HeseN2A)
4.3 electrical Sectim. (Reserved)
4.4 Buildie s arc] Gro Sectim. (Resezved7
4.5 HigMay Sectlm. (Reserved)
4.6 Cemeteries section. (Reserved)
4.7 sanitatim Section. IReserveal
4.8 Fn 1"l Maltficatims.
-71-
Sec. 5 Parks s Recreation Division. It shall as the function Of the
Parks s Recreation Division to
plan, operate and maintain all public parks and public places;
to organize municipal recreation progress; to supervise playgrounds✓
and swimming pools and other recreational facilities;,tto oversee
e �i
the operation of the Municipal Golf coursami waterfront areas.
5.1 Parks 6 Recreation Director. There shall be a Parks 6
Recreation Director appointed
by the City Manager, subject to confirmation by the City -
Council. The Parks s Recreation Director shall supervise
the entire operation of the Parks c Recreation Division.
S Z
AParks and Recreation Advisory Committee Created. In accord-
ance with
Article V, Section 2 (a) of the City Charter, there is hereby
authorized and established a Parks and Recreation Advisory
Committee to consist of seven persons who shall be appointed
by the City Council. The City Planner and a member of the
City Council, appointed annually by the Chairman of the Council,
shall serve as ex -officio members of the Advisory Committee.
••3 1 Method of Appointment and Term of Office. Of those first
appointed to
the Committee, two shall be appointed to serve until
January 1, 1968, two members to serve until January 1, 1969,
and three members to serve until January 1, 1970. There-
after members shall be appointed -annually to serve terms
of three years or until a successor is duly appointed.
Any vacancy created on committee shall be filled by appoint-
ment by the City Council for the remainder of the term.
®.l Council Membership At the time the first committee members
are appointed and annually thereafter,
at the organization meeting following each municipal elec-
tion, the Council shall appoint one of its members to
serve ex -officio as a member of the Parks and Recreation
/ Committee.
j.3 Functions Of the Parks and Recreation Advisor Committee.
It shal bathe funetiona o£ this Committee to hold regular
meetings and t0 advise the Parks and Recreation Director
with respect to the policy and administration and all
.phases of the recreational program of the Parks and
Recreation Department.
Sec. 6 Treatment Plant Division. It shall be the function of the Treatment
Plant Division to plan, operate and
maintain all seuege treatment facilities owned andoperatedby the
'City of Bangor.
-72-
CMAPIES II
A ICbe 10 - DEVEU3Pl n IEPARIDffi4I
sec. 1 Development �parcment. The Development Department Stall consist
of the Err k Development Division and
the oommnity Development Division, and shall be under the general
supervision and control of tte Development Director.
use. 2 Developrent Director. Tera shall be a Covelopnent Director
appointed by the City moajer, subject to
confirmation by the City Council.
Sec. 3 Economic Dsvelcpment Division. Tie Division shall:
(1) P to Develoment. Promote commercial and industrial
develcpnent in tte City.
(2) Maintain Files. establish and maintain information of
interest and assistance to existing and
potential industrial and Mwmercial firms.
(3) Assist City Industry. %sist existing industry in the
City in any expansion or
redevelopment program.
(4) Contact New Firms. Contact and interest fimm from
outside the city in locating i
the, city.
(5) K p City Manager, Council and Caunittee Informed. Keep
-
the
City manager, tie City Council and the Economic Davelopnent
Advisory C ittee fully informed as to the status of
existing and potential commercial ant industrial development -
n the City.
3.1 Director of Economic Development. T s Director shall bs
appointed by ttn City
Manager, subject to confirmation by tie City Council.
-73-
3.2 Economic De4elooment Advisory Commission. There is hereby authorized and
established an Economic Devel-
opment Advisory Commission to co.mist of 18 persons who shall be appointed
by the City Council. Mention; of the Commission shall be drawn from Profess -
ideal and occupational fields which serve to provide expertise a:d background
in offering support advice add information to the city's economic development
program These fields would include but would not be limited to business,
professional, industrial, education, vocational and labor training, banking
and finance, transportation, real estate, promotional, utilities.
3.2.1 Purpose and Duties Of the Commission. The Commission shall act in an
advisory capacity to the City
Council and City Manager on natters relating to the economic development
of the c m onity, and to the region as it may affect economic develop-
ment of the community.
It shall serve and be utilized as a resource group of public and private
members for special projects relating to economic development Nat
require initiation of research; mobilization of volunteers, expertise
and interest from the private sector; and reports of findings to the
City Council.
It shall serve as a base of private citizen support and advice for
development programs, ismines and needs, including airport development
and grown, community development projects relating to ec omrC devel-
opment, and general economic development, o matters and issues requir-
ing private sector liaison and assistance. n
It shall s acatalyst for better coordination of municipal navel-
' opment, a well aeserving as a vehicle when appropriate for liaison
with other commodities and regional and state development re
It shall provide advisory assistance in long-range planning for economic
developmentcommunity. of the c mity. and for marketing approaches and use of the
educational and technical resources tMt are neared for economic level-
Opnant.
3.2.2 Membership and Appointments, Membership of the Commission shall always
include certain fixed representations
which shall be three members of the City Council, the City Manager, a
representative of aninstitution of higher education, and on represen-
tative
n-
tative from each of the boards of directors of the following organiza-
tions, theTarget Development Corporation, the Bangor Center Development
Corporation. these fixed representatives
shall be appointed annually. The other ten matters of the commission
shall be appointed for terms of three years each except that in the first
year, staggered terms shall be set consisting of four members for one
year ach, three for two years each and three for three years each.All
Mariana shall serve until the successors are appointed.
-04.
3.2.3 Ex-Officio Members. Ex-Officio members of the Commission shall be
appointed by the City Council with no fixed terms except that member-
ship may b, changed or deleted by the City Council from time to time
where c s
circumstances deem it necessary. Ex-officio members shall be
u
non-voting and shall participate in meetings and discussions
of the Commission relating only to their program fields and organi-
zational representation. Me'role of the ex-officio members is to
provide information to the Commission relative to their positions for
purposes of assisting in the communication of information and coordi-
natioof local or regional programs. -officio sanders shall be the
Bangor Economic Development Director, the Bangor Director of Planning
and Community Development, the Bangor Airport Manager, tee Bangor Air-
port Director of Sales and Marketing, theBargor City Engineer.
Executive representatives of other agencies or organizations relating
t0 or representing resources for economicmy development y be invited to
participate in Commission meetings free time to time for purposes of
oordination, communication and development of programs. projects and
services of common interest to the City.
3.2.4 Executive Services. The Bangor Director of Economic Development
shall Serve as execetive director to the Commission and shall be respon-
sible for providing managerial and clerical services includin
Mg prepare-
tion of ageas, notices, meeting minutes andCOm®iss ion reports
municipal and regional administrative liaison; information, recommends-
tions and guidance relating to economic development programs and matters.
3.2.5 Organization and Meetings. The Commission shall organize itself
-
to c rry Out its functions including the election of a chairman and
ether officers it deems necessary. It shall conduct its meetings
i
accepted order, act on a prepared agenda of business and projects
generated within the Commission and that may be requested by the City
Council, City Manager and Economic Development Director. It shall
appoint from its members and others it deem necessary project sub
committees from time to floe. It shall set meetings which shall be
held no less than quarterly for the full commission. It shall keep a
cord of its meetings and prepare reports as
necessary, includingan
annual report of its activities for Submission to the City Council.
3.2.6 Compensation and Contracts. The Commission's meters shall be
voluntary and serve without compensation. Me Commission shall not
expend funds or contract a aagent for the city for any purchases
of gross Serviceswithout the expressed written request and
the authority of the Bangor City Council.
-75-
Sec. 4 Coaranaty Development and Planning division. This Division shall
consist of the
Community Development Section and the planning section, and shall
be under the general supervision and control of the Director of
Planning s Community Developamont.
4.1 Director of Planning a Orenburg Develcnrmnt. the Director
email De
appointed by the Development Director, subject to confirmation
by the City Manager. the Director, on behalf of the Division,
shall:
(a) Smpervise and direct all 'employees of the Division.
(b) exercise all the powers add perform all the duties
conferred on and imposed by law an the City of Bangor
for purposes of its Community bevel pment Progran.
(c) Advise the City Manager, City Council and Planning
Board on all matters affecting the physical growth
and development of the City when requested or
required to do so and to provide necessary staff
service to the Planning Burd.
(d) Provide information to the public on community
development programs and problems.
(e) integrate and coordinate all individual projects
and programs relating to the planning and development
Of the City.
(f) Before the first Council meeting of each month,
the Director shall make a report to the City Manager
as to the business of his Division during the
preceding month. - -
4.2 Community Developnent Section. This Section's primary
function shall be to assist
in the development of the City, including the developrent Of
decent housing, suitable living environments, anal the
axpansion of decent opportunities, principally for persons
of loo and moderate income living in the City. Consistent
win this primary objective, the activities of this section
shall be directed teasel the followixg specific Objectives:
(a) elimination of Slums. The elimination of slums
and blight and the pre-
vention of blighting influences and the deterior-
ation of property in neighborhoods and community
facilities of importance to the welfare of the
personits, and principally of importance to
ns of low and moderate income living in the
city.
-76-
(b) Elimination of Detrimental Conditions. The elimina-
tion of
conditions which are detrimental to health, safety
and public welfare, through code enforcement,
demolition, interim rehabilitation assistance, and
related activities.
(c) Conservation of Decent Housing. The conservation
and expansion of
the City's bousing inventory to provide a decent
home and a suitable living a m
zent for all
persons, but principally those of low and moderate
(d) Expansion of Community Services. The expansion and
improvement of
the quantity and quality of community services,
principally for persons of low and moderate income,
which are essential for sound community development
in the City.
(e) Better Utilization of Land and Resources. A more
rational
utilization of ]and and other natural resources in
the better arrangement of residential, commercial,
industrial, recreational and other needed activity
centers.
(£)Reduction of Isolated Income Crouse. The reduction
Of isolated
Income groups within the community and the geo-
graphical area and the promotion of an increase in
the diversity and vitality of the City's neighbor-
hoods through spatial deconcentration of housing
opportunities for persona of lower income and
reorganization of deteriorating neighborhoods to
attract persons of higher income.
(91. Restoration of Special Properties. The restoration
groper r and preservation
of ties et special value for historic, architec-
tur 1 aesthetic reasons.
(Mother Functions. The performance of all other related
functions as may be required by the City
Council or by the Housing andCommunity Development Act'
Of 1974, Public Law 93-383, as may be amended.
-77-
4.3 Planning Section. This Section's functions shall be to
promote am to coordinate rational land
use in the City in accordance with the City's Comprehensive
Plan and all applicable law am ordinances. The section
shall:
(a) Undertake research studies and prepare and
commend a comprehensive plan, including the
development of more detailed plans and programs
based on the comprehensive plan for area renewal,
conservation, rehabilitation or redevelopment
Ib) Review and submit written comments- to the aDirector,
the City Manager, and the City Council upas all
proposals to amend the Zoning Ordinance, the Sub-
division Ordinance, the Official Map and such other
ordinances as the City Council or the City Manager
may refer to the Division. From time to time it
shall make recommendations for the updating and
revision of ordinances relating to planning i
the City of Bangor.
(c) Maintain the Official Map and keep it up to date.
(d) Prepare and recommend, and assist other departments
of the City in, the planning and development of
specific projects intended to complement the com-
prehensive plan.
Sec. 5 City Planning Board Created. There is hereby established a City Planning
Board for the City of Bangor which shall
consist of five members and two associate members who shall be appointed
by the City Council. the City Planning Board shall, after the effective
date of this ordinance, act as a Planning Board under the provisions of
the Revised Statutes of Maine, as amended.
5.1 Qualifications. All members of the City Planning Board
shall be residents of the City of Bangor,
shall not be salaried officials of the City, and shall
serve without compensation.
5.2 Terms of Office. The term of each elected member shell
be for five years or until his successor
has been appointed and has qualified, except that the
respective textus of members first elected shall be on
two, three, four, and five years. Any vacancy shall be
filled in the same manner for the unexpired term.
5.3 election of Cbairman. The City Planning Board shall
annually elect one of its members
as Chairman.
-78-
5.4 Powers, The City Planning Board shall have full power
and authority to make such investigations, maps
and reports, and r endations i ection therewith,
relating to the planning and development of the munici-
pality,
-
pality, a m desirable to it, provided, however,
the total expenditures for such purposes shall not exceed
the appropriation therefore together with such gifts as
may be placed at the disposal of the Council thereof.
The City Planning Board shall also select one of its
members to serve as a regular member of the Sign Review
Committee, established by Chapter VI, Article S.
5.5 Department Cooperation. Each officer and department of
the City is hereby directed to
give all reasonable aid, cooperation and information to
the City Planning Board, or to the authorized assistants
of the Planning Board, when so requested.
Sec. 6 Master Plan. It shall be the duty of the City Planning Board to make and
adopt a master plan of the City and to perfect it from time
to time Such master plan shall show existing and desirable streets, high-
ways, street grades, bridges and tunnels, viaducts, public places, parks,
parkways, playgrounds, roadways in streets and parka, sites for public
buildings and structures, use and building zones, harbor commissioners'
ssioners'
lines, waterways, routes of railroads and buses,, locations ofsewers, water
conduits and other public utilities and other planning features. Such
master plan shall be established, added to and changed from time to time
by a majority vote of the entire membership of the City Planning Board.
It shall be a public record, but its purpose and effect shall be solely to
aid the City Planning .Board in the performance of its duties.
6.1 Changes in Master Plan. Whenever the City Planning
Board shall have adopted a
master plan or env part thereof, then and thenceforth
no streets, park or other public way, ground, place or
space, no public building or sturctere shall be co
structed o authorized in the City, and no chaes
rns
hall
be made in
the zoning map of the City of Bangor until
and unless the location and extent thereof and the
suggested change of the zoning map shall have been
submitted to the City planning Board and until the
City Planning Board shall have made its report on any
such matter submitted to it.
6.2 Failure of Board to Act. The failure of the City
P1an,ung Board to act, within
thirty (70) days from and after the date of submission
to it of such proposition as aforesaid, shall be deemed
to be its approval of aro such matter unless a longer
period is granted by the Municipal Officers.
Sec. ] (RESEMD)
-79-
Sec. 8 Plat Approval. After the Adopting of the Official Map, the Municipal
officers shall, before approving any plat showing streets
or highways, refer such plat to the City Planning Board for its report
and recommendation thereon, and the Municipal Officers shall not take
any action either approving or disapproving the plat until they have
received the report of the City Planning Board together with its recom-
mendations thereon.
8.1 Public H� Before making such report or
recommen-
dations,
a specified in ChapterII
Article 12, Section 8 of this ordinance, the City Planning
Board shall hold a public hearing, which hearing shall
be advertised in a daily newspaper of general circulation
n the City of Bangor at least ten (30) days before the
date of such hearing, the cost of said advertising to -be
paid by the owner or developer. Me City Planning Board
n its report may thereupon approve, modify, or disapprove
such plan.
8.2 Disapproval of Plats. If the City Planning Board refuses
to approve any such plat submitted
to it for its recommendation and report, the reasons for
said refusal shall be stated upon the records of the City
Planning Board. After receiving the report of the City
Planning Board, the Municipal Officers shall take action
as they deem proper.
8.3 Callers of Board to Act. If the City Planning Board does
not make its 'report, with its
recommendations thereon, within forty-five (45) days from
the date when said plat was referred to it, the City
Planning Board shall be deemed to have approved said plat
and the Municipal Officers shall take such action thereon
as they deem proper.
8.4 Conditions Precedent to Approval. As a condition precedent
to its recommendation
of approval of any plat, the City Planning Board my pre-
scribe requirements of the extent to which and the manner
in which streets shall be graded and improved and water
sewer and other utility wins, pipes, connections or
other facilities shall be installed.
8.5 Plat Approval Requirements. In recommending the
approval of such plat, the
City Planning Board shall require that the streets and
highways shall have proper grades, be of sufficient width
and suitably located to accommodate the prospective
traffic and to afford adequate light, air and access, in-
cluding access to fire -fighting equipment, to buildings
and to be coordinated so as to Compose aeent system,
and that the land shown o such plat shall be of such
character that it can be used for building purposes with-
out danger to health and also, in proper cases, that the
apace for park or playground or other recreation purposes
of reasonable size is provided, and in determining concern -
Ing the streets, highways and parks the City Planning Board
shall take into consideration prospective character of the
development, whether of residence, business or industry.
8.6 Plat Requirements Containing Proposed Streets. No plat
which
includes a proposed street or way shall be approved by
the Municipal Officers except under the following
conditions:
(1) The developer orowner has completed the
work of grading and improving the proposed
street or way in the manner and to the same
extent as that required of the developer or
caner by Chapter VI, Article 4, Section 3 of
the Street Acceptance Ordinance of the City
of Bangor; o
(2) The owner has signed an agreement to do the
ark prescribed in subsection (1) above and
has further agreed that if the work is not
completed by the owner within a specified time
then the City of Bangor will have the right
and obligation to complete the work. Such an
agreement shall be accompanied by bond to be
furnished by the owner,
n theamount of the
work, as determined by the City Engineer, and
approved by the City Manager; or
(3) The Municipal Officers have agreed to waive
part or all of the requirements of subsections
(1) and (2) above whenever the general public
interest so requires.
8.7 Addition of Plat to Official Map. Whenever such plat
shall be -approved by
the Municipal Officers, it shall be added to the Official
Nap as an amendment hereto. -
�a
CHAPTER II
ARTICIE 11 - BASS PARK DEPARIWENT
Sec. 1 Pass Park Deperfaent. It shall he the function of this Department
W operate ani maintain the Pass Park
facilities..
1.1 izeal Restrictions. Its use of the Pass Park
facilities Stull he limited to
Chose activities which are authorized under Chapt. 90,
Sec. 1, P&SL 1951 establishing the Bangor Recreation
Center and the requirements of the Will and Codicils
of the late .Joseph P. Pass.
Sec. 2 Bass Park Director. IDs Bass Park Director shalt supervise the
entire operation of'Una Bass Park facility.
The fees Park Director shall he appointed by the City Manager,
subject W confirmation by the City Council.
Sec. 3. Pass Park Camtittee Created. Ibere is hereby authorized and
established a committee to be known
as the Base Park Committee to consist of three (3) marchers of the
City Council annually appointed by the Council Chairman.
3.1 Functions of the Committee. It shall be the function of
this Committee co hold regular
meetings and tr. advise and supervise the Pass Park Director
in respect to the Policy and adainistration of all phases of
the day-to-day operation of the Bass Park facilities. Ibe
cwuittee shall he authorized to approve the execution of
contracts, leases, and other agreements in the name of the
City of Bangor relating to the operaticn of the facilities
for terns not to exceed thirty (30) consecutive days. All
other contracts, leases, and other agreements for longer
terms shall but ba executed until approved by a majority
vote of the City Council.
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