HomeMy WebLinkAbout1975-06-09 226 AC ORDINANCE;w
325 %
Introducer] by Councilor Soucy, June 9, 1975
_mCITY OF BANGOR
(TITLE.) PlYT1Nr MTfOp. R g tat Iag_ conduct in Public Parks
Be Nurdainsd bythe City CouneU of Gilt/ ofBatgor, afoUowa:
TMT Chapter VI..of the Ordinances of the City of Ranger be amended by
adding a raw Article 12, as follows:
ARTICLE 12
CONDUCT IN PUBLIC PARRS
Sec. 1 Title. This Ordinance Shell be known and may be cited as the
"City of Bangor ordinance Populating Conduct in
Public Parks."
Sec. 2 Definitions. For the purposes of this Ordinance, the following
teres, phrases, wards, and their derivatives eball
have the meaning given herein. linen not inconsistent with the
context, rwords used in the present tense include the future, words
in the plural umberinclude the singular number, and words in
the singular umber include the plural umber. The word "Shall"
is always mandatory and not Rarely directory.
(1) "City" is the City of Ranger.
(2) 'Director" is the Parks A Recreation Director appointed
pursuant to Chapter II, Article 22, Section 3 of the
Ordinances of the City of Bangor.
(3) For purposes of this ordinance, the fere 'park" shall
be lfeited to the areas within the boundaries, a
described in the records of the City of Saeger Assessors,
of the following City -owned recreational properties
and facilities:
Assessors'
when key & Lot Nae.
Fairmount Terrace Park 12 101
21 1
22 1
22 36
IN CITY COUNCIL
Sane 9, 1975„gtsd
Received latemeddings, amended
s per attached "June 9, 1975".
Referred to a committee to be
appointed by the Council Chairma
with the provision that the
committee hold a public hearing.
236 AC
ORDINANCE 3i
RECEIVED
4°15 JUA -5 M 2:40
CITY CLERK'S OFFICE
LILY 6F M1ANGn-R MANE
Consider next
/meting.
•:-.
,
Yy
�= f
Appointed weret
I Wm
Councilor Soucy,, Chairman
-.
Dale Theriault, a Sumandle A F,iaj,v
�
Officer (Police Dept. °HaP
ras adfname. w Par ectlu egfniesem
Guidance Director Seat.).
�(School
.
IN CITY COUNCIL
June 23, 1975
-
Consider next meeting.
TY CLE
bd
M titan m
IN CITY C19NCIL' �{Mi1wc&e.;
July 14, 1me - '
ration to in le to proposed by City Haunt, Bigney, GassandSoucy. Councilor Band no Solicitor in letter to Council amend absent. ncileapesaagn by the following yea and n
Gulf 14, 3975. Said motion to amend modified to - vote: Cand S&ae Voting year Balton, no: Ba, Gass,
permit separate vote on items (5( and p) only. looney and 56uoy. Councilors voting n Ha18a<ci,
Amended as per attached Proposed Amendments dated, - Henderson and Speirs. I Councilor grannies absent.
7/14/75 with the exception of (5) and (7) Notion BS
t0 indefinitely postpone (5( failed by thefollowing /> KTu A
Yee and no vote: Councilors voting y Baldacci,'Henderson
.CITy
and Speize. Councilors voting no: Halloo, Higney, Gass, Mooney, ,
and Soucy. Councilor Hrountaeabsent. Motion to, adopt (5) passed.. _ -
Notion to adopt (7) failed by the following yes and no votet -
Councilors voting yes: Halloo, Gass, Money and Soucy. Councilors _
voting no; Haldacci,Higney, Henden and Speirs.Councilor Rountree
absent. Notion to delete Sec. 7.1 failed by the following yes and no
vote Councilors voting yes; Baldacci, Bigney, Henderson and Spai[s
Councilors voting no; Ballon, Gam, looney and Soucy. Councilor Brounta5
absent. Received 3rd reading. ,Nation to reconsider action on (7) passed.
(7) adopted. Nation to reconsider (7) failed by the following Yes and n
vote:. Councilors voting yes; Radiated, Henderson and Speize. Councilors voting no:
L.. 2
Bangor Gardens Playground
K42
106
R42
24
Bridge lot Park
40
IS
Broadway Perk
47
34A
47
34B
Coe Park
32
178
33
77
33
76A
33
766
Chapin Park
48
132A
Dakin Park
46
58A
Davenport Park
42
44
Fairmount Park
7
61B
Municipal Golf Course
R27
1
R27
4
3
It
Grotto Ceacade Park
R63
7
Hayfords Field
22
36A
Little City Park
38
32 -
J. J. William Park
55
52
Norumbega Mali
41
70
41
71
Old Cemetery Lot Park
15
122
Pickering Square park
42
-154
Pierce Park
41
98
Prentiss Woods
R40
11
Second Street Playground
35
168
35
168`
Summit Park -
31
1
Whitney park
22
46
L.,
(4) "Vehicle" is any wheeled conveyance, whether motor
powered, a ival-drawn, or self-propelled. The term
shall include, but not be limited to, any trailer in
tow, automobile, truck, wagon, snowmobile, motor bike,
motorcycle, trail bike of a" size, kind or description.
Exception is made for baby carriages, bicycles and
vehicles used in the maintenance and operation of City
parka.
Sec. 3 Park Property. Except as my be necessitated by reason of
construction ormaintenance activities under the
supervision and control of the Director, no person in park shall:
(1) Buildings and Other Property.
(a) Disfiguration and Removal. Willfully mark, deface,
disfigure, injure,
tamper with, or displace or remove, any building,
bridges, tables, benches, fireplaces, railings,
paving or paving material, water linea or other
public utilities or parts or appurtenances thereof',
signs notices or placards whether temporary o
permanent, mcniuments, stakes,posts or other boundary
markers, or other structures or equipuent, facilities
r park property or appurtenances whatever, either
real or personal.
(b) Removal of Natural Resources. Dig orremove any sand,
soil, rock, stonee, trees,
shrubs or plants, timber or other wood or materials, or
make any excavation by tool, equipment, blasting o
other means or agency.
(c) erection of Structures. Construct or ect any building
or structure of Whatever kind,
whether permanent or temporary in character, or run or
[ring any public service utility into, upon, at
such lands, except on special written, permit issued by
the Director.
(2) Trees, Shrubbery and fawns.
(a) Injury and Removal. Dsmsge, cut, carve, transplant or
remove
any tree or plant or injure
the bark, or pick theflowers or seeds, of any tree or
plant. Nor shall a" person attach a rope, wire, or
other contrivance to any tree or plant. A person
'stall
not dig f otherwise disturb grass areas,rIn'any
other way injure or impair the natural beauty or useful-
ness of any area.
3
(b) climbing Trees. Climbing a tree or walk, stand o
sit upon monuments, vanes, fountains,
railings, fences, or upon any other property not
designated or customarily wed for such purposes.
See. 4 Sanitation. No person in a park Shall:
(L)
Pollution of Waters. Throw, discharge or otherwise place or
sed to be placed in the waters of -
any fountain, pool, pond, stream or other body of water in or
adjacent to any park or any tributary, stream, storm sewer,
r drain flowing into such waters, any Substance, mannerr
thing, Liquid or solid, which will or may result in the
pollution of said waters.
(2)
Refuse and Trash. Have brought in or shall dump, deposit or
leave any bottles, broken glass, ashes,
paper, boxes, cars. dirt, rubbish, waste, garbage o refuse,
or other trash. No such refuse or trash shall he placed in
any waters in or contiguous to any park, or left anywhere o
the grounds thereof, but stall be placed in the proper receptacles
where these are provided; where receptacles are not so provided,
all such rubbish or waste shall be carried away from the park
by the person responsible forsuchprase , and properly
disposed of elsewhere.
Sec. 5 Traffic. No person in a park shall:
(1)
State Motor Vehicle Laws Apply. Feil to Imply with all
applicable provisions of
the State Motor Vehicle Lawe with regard to equipment and
operation of vehicles together with such regulations asare
contained in this and other City of Bangor Ordinances.
(2)
Obey Traffic Signs. Fail to observe cayeful Ly all traffic
signs, indicating speed, direction,
caution, stopping, or parking, and all others posted for
proper control and to safeguard life and the property.
(3)
Speed of Vehicles. Ride or drive vehicle at a rate of
speed exceeding the posted speed for
any park area.
(4)
Ops ration of Vehicles. Drive any vehicle, excepting bicycles,
on or in any area except public ways
add paved park reads or parking areas,such other a as
may, o occasion, be specifically designated as temporary
parking areas by the Director. Excepting bicycles, only
vehicles properly licensed andregistered for operation an
public ways and operated by persons properly licensed under the
laws of the State of Maine shall be permitted in any park area.
5
(5) Parking.
(a) Designated Areas. Park a vehicle in rather than
an established or designated
parking area, and such use shall be in accordance
with the posted directions thereat and with the
instructions of any attendant who may be present.
(b) 'Night Parking. Leave a vehicle standing or. parked
at night within any park area after
10 P,N.,Eastern Standard Timm.
(6) Bim.
(a) Confined to Reads. Ride a bicycle on other than a
paved vehicle road or path designated
for that purpose. A bicyclist shall be permitted to wheel
orpush a bicycle by hand met any grassy area or wooded
trail or any paved area reserved for pedestrian use.
(b) Win. Ride a bicycle other than on the right hand
side of the read paving as close as conditions
Retain, and bicycles shall be kept in single file when
two or more
operating as a group. Bicyclists shall at
all times operate their machines with reasonable regard as to
the safety of others, signal all turns, pass to the right
of any vehicle they are overtaking, and Paas N the right
of any vehicles they may be meeting.
(c) Designated Racks. Leave a bicycle at a place other than
a bicycle rack When such is provided
and there is apace available.
(d) Iastille Bicycles. Leave a bicycle lying on the ground
r paving, at set agaiwt trees, o
any place or position where other persons may trip over,
or be injured by them.
Sec. 6 Recreational Activities. No person in a park shall:
(1) Bathing and Swi®tae.
(a) Designated Areas $ Swim, bath, or wade in the waters
of any fountain, pond, pool, stream
or other body of water in or adjacent to any park o
any tributary, stream, $corm asomr, or drain flowing
into such waters, except in such waters and in such
places as are specifically provided for swimming o
bathing purposes, and i compliance with such regulations
as re herein set forth or my hereafter be adapted by
the Director. Nor shell any person frequent any waters
or .places customarily designated for the purposes of
swimming or bathing, or congregate thereat in Such activities
prohibited by the Director upon finding such use of the
water would be dangerous or otherwise inadvisable.
(b) Certain Hours. Frequent any waters or places
designated for the purposes of
Faltering or Betting, or congregate thereat, except
Between such hours of the day and on such conditions
as well be designated by the Director for such
purposes for each individual park area.
(2) Nesting and Firearmsw punt, trap, or pursue wildlife at
any time No person shall use, rry,
or possess firearms of any description, or air rifles, spring
gundy,bbws and fl r
slides, o other forms of weapons
potentially inimical to wildlife and dangerous to human
safety or any Instrument than can be landed with and fire
blank cartridges, or any kind of trapping device. Shooting
In park areas as defined herein is strictly forbidden.
(3) Camping. No person &Bell set up tents, shacks, or any other
temporary shelter for the purpose of overnight
camping, Our.atoll any person leave in a park after closing
hours, any movable structures or special vehicle that could be
used for such purposes such as a house trailer, camp trailer,
tent or the like. .
Sec. ] Behavior. No person in park shall:
(1) Intoxicating Beverages.
(a) Prohibition. Rave brought alcoholic beverages, he
shall any person drink alcoholic beverages
at any time, in any park area.
(b) exceptions. At the municipal golf c concession
pLvileges may include the sale oalcoholic
beverages by such concessionaire under strict regulation
and control of the Director. Sales of alcoholic beverages
sbaLl be made only in individual drinks (not in buLk) and
sBeLI be srved only for consumption on the immediate
promisee of the c ssion and In such areas as the
Director my. direct.
(2) Fires. Build or attempt to build a fire, except at such areas
and under such regulations as may be designated by the
Director. No person shall drop, throw, or otherwise scatter
lighted Michas, burning cigarettes, or c£gats, tobacco or other
inflammable material, within any park area or on any highway,
read or street abutting or contiguous thereto.
(3) Closed Areas. Enter an
area posted a "Closed to the public',
[ wall any person dee, or let the use of any
area to violation of posted notices.
(4) Loitering Prohibited. Loiter, leaf, wander, stand o
main idae either alone and/ox
in consort with others in a public place within. the City
of Bangor in such eas to: (l) obstruct any
public street, public mhighway, public sidewalk or any
other public place or building: in any park by hindering or
impeding or [ending to impede the free and uninterrupted
passage of vehicles, traffic or pedestrians; (2) commit in
or upon any public street, public highway, public sidewalk
or any other public piece or building in any park any act
or thing which is an'Obstruction Or interference to the free
and uninterrupted use of property by anyone in or upon o
facing or fronting on any such public street, public highway,
public sidewalk or any other public place or building in any
park. all of which prevents the free and uninterrupted ingress,
egress, and regress therein, thereon and thereto. Men any
person causes or commirs any of the conditions enumerated
herein, a police officer any law enforcement officer shall
order that person t0 Stop causing Or committing such conditions
and to m r diapers Any per who falls refuses to
they such orders shall be guilty of a violation of this Ordinance.
Sec. 8 Merchandising, Advertising and Signe. He person in a park shall:
(1) Vending and Peddling. Expose or offer for sale any article
r thing Our shall he station or
place any stand, cart or vehicle far the transportation, sate
or display of any such article or thing. Exception is here
made as to any regularly licensed concessionaire acting by
and Order the authority and regulation of the Director.
(2) Advertising. Pronounce, advertise, call to the public attention
in any way to any article or service for sale
or hire.
(3) Signs. Paste, Plus, tack or otherwise poet any sign, placard,
advertisement, orinscription whatever, no shall any
person erect o e to be erected any Sign whatever o any
City owned lands cause
oshighways or reads adjacent to a park.
Sec. 9 Park Operating Policy.
(1) Hours. Except an provided in subsection (2) below, all parka,
s defined herein, shall be Open to the public every
day of the year from 6 A.M., Eastern Standard Time to DO P.M.,
Eastern Standard Time The Director Shall ea notices of
the opening and closing hours to be posted in each individual
park for .public information purposes.
(2) Closed Areas. Any section or part of say park may be declared
closed to the public by the Director at any time
for any interval of time, either temporarily or at regular stated
intervals (daiLy or otherwise).
Sec. 10 Enforcement.
(1) Officials. The Director and his subordinate employees
shall, In connection viththelr duties imposed
by law, diligently enforce the provisions of this Ordinance.
Io addition, the Zoning d Code Enforcement AEmimisttac LOn
Officer and the members of the Bangor Police Department shell
-
also have the authority to enforce the provisions of this
Ordinance.
y. (2) Ejectment. The Director and any of his subordinate employees,
/H`/may the Zoning 6 Code Enforcement Administration
officer and any member of the Bangor Police Department shall
have the authority to eject from any park any person acting in
ya)�� violation of this Ordinance.
ry, yy i3) Seizure of Property. The Director and any of his subordinate
W" employees, the Zoning 6 Code Enforcement
Administration Officer and any member of the Bangor Police
Department shall have the authority to seize, and confiscate
any property, thing or device in aFpapkTnor need in violation
of this Ordinance.
Sec. 11 Penalties. Any person, firm corporation violating any provision
of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereon shall be fined ina amount n exceeding
$100. Each day such violation is committed orpermitted to continue
aha Llahohhtdemeia_Hep;rates®£fenaE£and- shadlsbel.puhdshnbLe`abi.such ,
hereunder.
Sec. 12 Separabilityif any section, subsection, sentence, clause, phrase
or portion of this Ordinance is for any reason held
invalid or nstitutional by any Court of competent jurisdiction,
such provision shall be deemed a separate, distinct independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
PROPOSED AKENIXffiNfS - COUNCIL ORDINANCE No. 226 AC
(1) Sec. 2, Subsection (3) -'add the following:
Name ME Lot
Essex street Recreation Area R48 ]
Municipal Dock (Perryway) 43 33
43 34A
Stillwater Park Playground 51 205
Broad Street Park 42 237
(2) sec. 9, Add new subsection (3):
(3) Entry Prohibited. Except with the writtenpermission
of the Director, no person shall
eater, peas through, or
reaain in any park, or the
closed area of any park, except during the hours and
throw which such pack, or portion thereof, is open to
the. public as provided in this section.
,.. _BanQar, the ten�e> of Maim—the Gatawsy to Mainei North Wwds and Seashore Resorts
AOQEMT E. M11.1 -m"
ca SwooMr
cm roam, C4 af CSai. C.•NRt¢ ..
LIOIL 1.1.11111T
July 14, 1975
Bangor City Council
Bangor
Maine 04401
%e: Council Ordinance 226 AC
Gentlemen:'
PeMing on the agendet for tonight's meeting is Council Ordinance
226 AC Providing for the regulation of conduct in public parka. As
are aware, the Chairman of the Counell las appointed a Special
you
Committee to review the ordinance. The Committee met on June 19th,
and later conducted a public hearing on July Bth. As a result Of the
meetings, several amendments are being proposed for purposes of
clarification and the reclusion of additional land areas. Before
proceeding to the proposed amendments, you are reminded t the
ordinance was previously amended on Jona 9, 1975 For purposes of
refreshing your memory, a copy of the amendments adopted is enclosed.
Two major areas of concern by the committee was the inclusion
of additional provisiona relative to Bess park and the school Properties.
The enclosed proposed amendments make special provision for Mas Park,
and I believe provide the necessary flexibility. Each member of the
Council should review the recommendations carefully.if anychanes
re deemed necessary, please [ your earliest
The problemof the Swluefon of school properties became mai
complicated as preparationofthe proposed amendments took place The
Saeger City Council
duly 14, 1975
Page 3
first problem was a determination of the statue and authority of
the School Committee. As you are xWere. the c and memgemee[
of school properties is delegated under our City Charter and by
general law to the Superintending School Committee. In turn, the
School Committee delegates the administrative responsibility to the
Superintendent of Schools. Inasmuch as school properties are within the
jurisdiction of the School Committee, it seemed necessary for them to
adopt their own policies and requirements. I have forwarded a variety
of information to the Superintendent of Schools. However, to date he
has not been able to get back to me concerning their special situation.
She problem is also complicated by the fact that school. properties
am used for a variety of purposes and ate variety of hours during the
day. It was easy to develop an ordinance provision which would
insure the necessary flexibility and still close school areae during
prescribed periods.
because of the shortness in time(I have been out of town for meet
of the pest week), and the desire to get the regulations in effect in
expect to public parka. I personally recommend that n inclusion of the
e
school properties be made at this C1m. I would also recommend that
the Committee be retained for purposes of determining the school problem,
possibly working with the School Committee, and that a proposed amendment
or a new ordinance be developed and submitted at a later date. In
addition, it might also be advisable to provide for the inclusion of other
City -owned properties, i.e., the electrical station at the dam,the
sewerage treatment plants and other facilities where special regulation
enecessary. In any case, any re oomendations in respect to the control
oftheuse of school properties are not available for tonight's meeting.
I believe that the proposed amendments are self-explanatory: and that
most questions am answered in the attached notes. Again, 1f any member
of the Council has any further questions, please contact me at your earliest
convenience. -
Very truly yours.
Robert E. Millet
city solicitor
RSM: to
Enclosure
cc Gale Ther fault
City Manager
PROPOSED ARENRffNSS: COUCLIL ORDINANCE 226 AC
(1) That Sec. 2 (3) be amended by adding the following: -
Ass
Name MP S Lot Noe. -
"Pssex Street Recreation Area
genjemeck Park) R48 7"
"Rasa park 26 1"
"Bridge Lot Park (Including the
Covered Bridge Structure and
Appurtenances Thereto) 40 1B"
NOTE: By amendment adopted on lune 9, 1975, the City Council
added the Essex Street Recreation Area to the List of properties
subject o the regulations imposed by the proposed ordinance.
Me Parke 6 Recreation Department advises that the area is also
known as Tenjawock Park", and therefore the proposed amendment
is aubnitted for purposes of clarifying the application of the
regulations to the particular a It is also proposed that
Sec. 2 (3) be further amended by the inclusion of Baca park as
above proposed. in addition, there has been ame question as
to whether the covered bridge structure and appurtenances
thereto are included within the so-called Bridge Lot Park. The
purpose of the above indicated amendment is to eliminate this
question for enforcement purposes.
(2) That Sec. 2 (4) be amended in the last sentence as follows:
bicycles, golf C Wed et the. mu Cipal golf course,
vehicles used iv onjuncc Lon with hero ac log at Bass
Perk, anal......
NOTE: The definition of "vehicle", as presently proposed, includes
just about any wheeled conveyance, including golf carte and harness
Ging sulkies. The purpose of this proposed amendment is to clarify
the righttr
operate golf carts at the municipal golf c and
the use of sulkies in conjunction with activities at Mae Park.
(3) That Sec. 3 (1) (a) be amended as follows;
other structures
equipment, playground equipment,
facilities or park property or appurtenances whatever.....
s
NOTE: Representatives of the parks S Recreat tan Department
have requested that specific reference be made to playground
equipment in the proposed ordinance. Although such equipment
is probably already covered within thepurviewof the proposed
ordinance, it wee felt that it would be helpful if it was
specifically provided for in enforcement .purposes.
(4) That Sec. 6 (3) be amended by adding the following sentence:
'2xcep[lon f[cm [M pxohibittons of this subsection for
camQing Ira dere and/or veM1iclea parked at Bass ark in co 1
with Breen Iruo ac[Lvltlee nC lvtl in haxne acro be
approved by the Director,^ a
NOTE: As presently proposed. Sec. 6 (3) prohibits weeping or
temporary shelters of any m whatsoever In park a The
proposed amendment Is submitted for purposes of permitting romping
trailers and similar vehicles used by participants in activities
sponsored at Base park.
y�(s) Thet Sec. ] (I) (a) and (b) be deleted and replaced with the
following:
"(a) Liquor Defined. yor purposes of [M1is Ordinance "liquor"
shall mea and Include AT alcoholic
spirituous, v feamen[etl o other alcoholic bevera
Or sm12,
b Lut Lon of lieu antl mixed li ua d
bmsn cewumPtion, which contains Wre than I of L% of
alcohol by volume.
(b) Prohibition. Nave broueM1t liquor shall e
drink iia uor at a y time In
an rk a
(c) Exceptions. At the municipal golf c and Bae ark,
concession privileges may [Include the sale
Of 11 our by such concessionaire under strict regulation
and control of tM Director and a or the City Council. gal
Of—, at sh
eueh 42wclons ell be de 1 L d L
drinks (not in buM end dull be a wed
n [he lamed foie emiaea o the c salon find in such
other a a Rhe[Director and o[ the City Council
a
air
y Council my
set inset
NM: The purpose of these ams ndments is to clarify the prohibitimu
expressed in the existing regulations againat the possession and/or
consumption of aLcoholic beverages in public parka. After areview
of the proposal, there seemed to be s conflict between the of
terms, i.e., "intoxicating beveragesvalcoholic beverages." it
s deemed advisable to designate thebeverages being prohibited by
the "Be of the definition of liquor adopted by the State Legislators
o
4
NOSP.: A question Me arisen as to the applleaLiou of the
closing hours provisions during ceylight Savings Time. The
above amendment is proposed to eliminate this problem With
the inclusion of pass park, special exceptions Md to be
provided for to prohibit public access during periods to which
the facilities are closed Or are being need for organized
activities for which there is an admission charge. TM purpose
of these amendments is to provide the necessary flexibility.
(8) That Sec. 10 be amended by deletion of the proposed subsectiora
(2) and (3).
NOTE: Subs
ec Lion 2 as proposed, provides foratain '•ejectment^
responsibilities and powers on the part of all officials granted
enforcement powers. Considerable concern
pr
nce n has base
ofexpressed about -
the Creating; of such powers to Persons, Particularly parka 5
Recreation employees, who have
no law enforcement training. To
void any unnecessary problems,it w suggested that this provision
be deleted.lfa problem does &rise, the parks & Recreation
employees will contact the police who will exercise such powers as
are already provided by law, in particular V NRIa 1385L. -
Sciatica of subsection 3 relating to the seizure of property wa
also tion of this
subsection recommended Arecommendedh the d
nd subsection 2 havebeen oby the District
Attorney's office.
(1) That Sec. 2 (3) be awmded by adding the following:
Aeaass
Name !Me b Lot Noe.
'Essex street Racreat Lon Area
(tmeja'wo* park) Rog l" ' a
paWw
"hadas Park 26
Ai
Covered Lot Park
the
Covered Bridge Structure OW
Appurtenances SM1ettto
W 1!" - .+ti
NATO: By amendment adopted on June 9, 1975, the City Coven Ll *�
added the Essex Street Recreation Area to the list of proprioia�.j:
subject to the regulations iaposed by the proposed ordinance.
The Parke 6 Recreation Bepartment advises that the at" is glad,
known as Eenjavuck Park", and therefore the proposed &M we y
is submitted) for purposes of clarifying the application of tIL dG'
regulations to the particular area. it is also proposed opt
Sec. 2 (3) be further wended by the inclusion of Bus Pats Hy,
above proposed. In addition, there has been same question at
to whether the covered bridge structure and appurtenances
thereto are included within the so-called BridgeLot ParK� Twig;
er
purpose of the above Indicated amendment tat alim1nial
question for enfoocemegt purposes.".
(2) That See. 2 (4) be Meaded in the last aepro ce se Poll a 1
bicycles, golf carte ued at he munl[1W1 t if ccYto
vehicles used In enol undo eon wlIM1 Mrar s tt Svg t Rua Wvy4.
Park. ago.....'r ii s
S TE: The definition of "vehicle", aspresently proposed, includes
just about any wheeled conveyance, including golf carte and became
acing sulkies. The purpose of this proposed a endment is to clarify
the right to operate golf cares at the municipal golf course and
the use of sulkies in conjunction with activities at Mae ?ark.
(3) That Sec. 3 (1) (a) be amended as follows!
or other structures or equipment, playgrvuvd equtpmsv[. `
facilities or park property o appurtenances wM
NOTE: Representatives of the Parke 6 Recreation Department
have requested that specific reference be Mede to playground
equipment In the proposed ordinance. Although such equltewa gh
Is probably already covered within the
purview OE the proposed
ordinance, it we felt that it obe helpful if it wa
specifically provided for in enforcement
ment purpwea.
(d) That Sec. 6 (3) be emended by adding the following sentence:
'R_pL ton from the Orohibitt f t b d f
tempi a trailers and/or vehl,. kor
p k{ 1
w h _fie 1 ed CL Ltlee 1 lud Iyt ha
e3 d Dlr
NOTE! As presently Proposed, Sec. 6 (3) prohibits cuing o
temporary Shelters of say nature whatsoever to park areae. The
traaposed iilers andndment is similar vehicles Bused forpurposes
panic Of permitting activities yl
Sponsored at Mae Park. Y participants m ttvttiee
�y(5) That Sec. 7 (1) (a) aha (b) be deleted and replaced with the
following:
"(a) Liquor Defined.poi of this ordinance "LI u
shalt am sena inctme a 1 n 1
e vinou farina n oov 11 ha r..
bl eti n Ort.
vor nand mixed 11 u intevded fqr
h lensIowa I or if of
..I.L.1 ly volwe
(b) Prohibition. Neve bto 11 Our nor shelf
an race
drink lawr at any class In an rk
(c) Exceptions. At the municipal olf d P k,
ssion
Erivile 1 M 1
of liquor b mhtcon aefonelree']mer strict ra ulatign
and co rol o [he Dleec[O[ and s[ Che Cit Counmtl. 6a Lee
of liouo et such loutto hall 6 1 rW1 id I
lr i b Lk1 end shall lot runs tion
i®e is a mtsea or the concession and In such
other • therDl[ec[or end of tha CIC COunC tl m
a lrecc� a
NOTE: The purpose of these amendments is to start£ the expressed In the existing regulations Y prohibitions
imption Of alcoholic beveragespublict the possession and/Or
of the proposal, there seemed to be In con parks. After a. review
[¢real "a" "Intoxicatinga beveragesinflict between the use of
was deemed advisable to designateh vbe alcoholic beverages," It
the use Of the definition ofliquor
the beverages being prohibited by
quer adopted by the State Legislature
7..
in 20 IdRSA 12 (13). It is this definition which is wed by the
State Liquor Cwmleefon In its regulatory Activities. tea. ps you
will note. the definition includes beer, w cti and the en -filled
Mrtl liquors. It we also deeored leas cumbersome to inelwa the
definition in Sec. 3 (1) rather than to Sec. 2, the general
definitiow section. The other amendments provide for flexibility
and recognition of the special sttwtioo In respect to the sale of
liquor at the golf course and Base Perk. :.
(6) That Sec. 8 be awarded as follows:
''Sec. 0 Mere ndls Lw. Advertising gnsExcept in
raised activities under the conmist Lon with
vision o the Direao and in re l tconttul and s r-
ondwted at Bose Park, o °icular ac�(vl[
m pare n In a park hal
That See. 8 (3) be tended by adding the following sentence:
'face tion from the xohlb It tow of this subee<t ion is made fo[
t�tng o such nobles e L h 1
NCTE' The above suggested amendments Are submitted for purposes of
seting the special situations at Baca Park, particularly to respect
to the we of the facility for an agricultural fair and fairness raeirg:
In addition, there Was ewe question as to whether the required notices
Auld be met by virtue of the rather strict language of subsection 3.
The purpose of the amendments of subsection 3fa to ellmfeate this
apparent contradiction.
(7) That Sec. 9 (1) be amended by the deletion of the first sentence and 2
replacing it with the following:
"(I) Nours. With the eaee.w,,." ..r
in 28 gDSA 62 (13). It is this definition which is used by the
State Liquor Consolation in its regulatory activities.As you
•111 note, the definition includes beer, wine, and the eo-ullad
hard liquors. It we also deemed lees cmbereons, to in the
definition to Sec. ) (1) rather than in Sec. 2, tM1e general
definitions;section. The other amendmnts provide for general
flexibility
and recognition of the special situation In teepee[ to the tale of
Liquor at the golf course and Bess perk.
(6) That Sec. 8 be emended ae
follows:
".Sec. 8 Ma[eMndiaina,_pdvertising and Signs. Except in
aon unction with -
exvlaed ac[ivltlee under the neulcon [ol am
vie ion of tha Dfxectox end LW-v!!ticular aativl[
onducted e[ Beea P.". no person in a park eMl :
That Sec. 8 (3) be amended by adding the following sentence;
'8ptlon for
rom the oroh £ caft is f
th _EOetlna of such not le h 1
NOTE: The above Suggested amendments "I submitted for purposes of
met'" the special Situations at Bess Park, particularly in roe met
to the use of the facility for an agricultural fair and halo re eing.
In addition, there We one question as to whether [an required nmlum
told be mer by virtue of the rather strict language of subsection 9.
The purpose of the amendments of subsection 31s to eliaimee this
apparent contradiction.
(3) That See. 9 (1) be amended by the deletion of the firer sentence aM
replacing it with the following:
(i
"(1) hours. with the eacantto. ,.f a... .... __..._PrV.
NOTE: A question has arisen as to the appliratiun of the
closing hours provisions during Daylight Savings Tim. The
above emen&(ent is proposed to ellminatt thin problem. With
the. Inclusion of Yea Park, special exceptions had to M
provided for to prohibit public access during Period& in Which
the facilities are closed orare being need for organized
activities for which there is an admission charge. The putpoze
of these amendments is to provide the necessary flexibility.
(8) That Sec. 10 be amended by deletion of the proposed Subsections;
(2) and (3).
[KYLE: Subsection 2 as proposed, provides for certain "a)ecWnts
responsibilities and pavers on the part of all dfflcials granted
enforcement powers. Wnaiderable concern has been expressed about
powers to persons, particularly par" 6
the &&antieation
g of
osuch
Recamp yeen, who have n Lw enforcement training. To
void any on neeeeeary problem, it vansuggested that this provision
be deleted.if a pmble dune arise, the parka d Recreation
exployees will contact the police who will exercise such powers SO
are already provided by law, in particular 17 MRS 83851.
0eletlon of subsection 3 relating to the seizure of ptoperty we
also recamended for the nam reasons.Both the deletion of thins
subsection and subsection 2 Mve been recomended by the District
Attorney's off Sze. _
On Tuesday, July 8, 1975 at 7:50 P.M. the Special Counibtee
appointed by the Chairman of the City Council net for purposes of
holding a public hearing in respect to the proposed ordinance controlling
conduct in public parka. Persons present included Lionel Lord, a
guidance contralto at the Fifth Street Junior High School: Merle P. Goff,
City Manager; Joseph Friedman, Police Officer; Sale Th TLAult, Parke 6
Recreation Experienced; Dennis Soucy, City Councilor; George P. Rountree,
Council Chairman; Robert E. Miller, City Solicitor. In addition, Councilor
Speirs attended the meeting together with several warfare of the public.
Councilor Soucy, Chairman of the Canticles, began the meeting
with a few brief introductory mmart. He made reference to a survey
conducted by the Parks A Recreation Department in the Spring, 1975, coft-
coming problems relaclog to the public part. He stated that the Contittas
ads seeking a solution, and was Sat necessarily marrisl to the proposal
presently before the Council. After making Introductions of the sumbere
of the Covsitcee and other persons in attendance at the hearing, he
solicited matters £ram the public concerning the proposed ordinance.
The first speaker was Mounted Martin, 58 Forest Avenue. Mr.
Martin indicated that ho has owned a home adjacent t0 Chapin Park for
once 16 years and thinks changed In current ordinances are needed. He
supported the proposed ordinance in its entirety, and gave several
contests regarding individual situations which he had faced during his
period of residency bear Chapin park.
Mr. Merle adds o suggestion that the C�ittee considered as
part of its hearing. He one
that citizens living in the vicinity
Of the part be appointed to some law enforcement capacity with rather
pastricted rights and responsibilities to issues, proper conduct in the
art during the hours in which there are no organized activities. He
suggested that such persons could be solicited on a volunteer basis, and
would have to receive written guidelines for their activities.
Mr. Martin also expressed a growing con about the apparent
increase of arrogated among young people who feel they can act improperly
on public property without receiving any penalty or control. He stated
that when the uniformed police Are present there am no problems In the
Parka. However, the problems arise when the police aren't around.
The next speaker was Norman Perkins who Indicated that he was
a member of the Parke and Recreation Co®ittee. He was particularly
interested that Base Park be Included in the ordinance but that the
restrictions imposed would not unnecessarily their the activities that
re being recuntended for the future. Hobert Miller, City Solicitor,
inforasd Mr. Perkins that an eme1Wment would be proposed to take care
of the situation at Baer Park providing for basic prohibitions and
restrictions, but allowing flexibility for the unique activities that
are planned for the facility.
Mr. Merle again Addressed the Contrition and indicated that he
fait Information concerning the proposed ordinance should be distributed
to members of the public, Particularly young people. He suggested that a
pamphlet be prepared in ordinary lay language outlining the Do's and Contra
Of the new ordinance.
MMUTES
Sg8C1AL
C@MITTEE ON PARK
CONTROL PROBLEMS
On Tuesday, July 8, 1975 at 7:50 P.M. the Special Counibtee
appointed by the Chairman of the City Council net for purposes of
holding a public hearing in respect to the proposed ordinance controlling
conduct in public parka. Persons present included Lionel Lord, a
guidance contralto at the Fifth Street Junior High School: Merle P. Goff,
City Manager; Joseph Friedman, Police Officer; Sale Th TLAult, Parke 6
Recreation Experienced; Dennis Soucy, City Councilor; George P. Rountree,
Council Chairman; Robert E. Miller, City Solicitor. In addition, Councilor
Speirs attended the meeting together with several warfare of the public.
Councilor Soucy, Chairman of the Canticles, began the meeting
with a few brief introductory mmart. He made reference to a survey
conducted by the Parks A Recreation Department in the Spring, 1975, coft-
coming problems relaclog to the public part. He stated that the Contittas
ads seeking a solution, and was Sat necessarily marrisl to the proposal
presently before the Council. After making Introductions of the sumbere
of the Covsitcee and other persons in attendance at the hearing, he
solicited matters £ram the public concerning the proposed ordinance.
The first speaker was Mounted Martin, 58 Forest Avenue. Mr.
Martin indicated that ho has owned a home adjacent t0 Chapin Park for
once 16 years and thinks changed In current ordinances are needed. He
supported the proposed ordinance in its entirety, and gave several
contests regarding individual situations which he had faced during his
period of residency bear Chapin park.
Mr. Merle adds o suggestion that the C�ittee considered as
part of its hearing. He one
that citizens living in the vicinity
Of the part be appointed to some law enforcement capacity with rather
pastricted rights and responsibilities to issues, proper conduct in the
art during the hours in which there are no organized activities. He
suggested that such persons could be solicited on a volunteer basis, and
would have to receive written guidelines for their activities.
Mr. Martin also expressed a growing con about the apparent
increase of arrogated among young people who feel they can act improperly
on public property without receiving any penalty or control. He stated
that when the uniformed police Are present there am no problems In the
Parka. However, the problems arise when the police aren't around.
The next speaker was Norman Perkins who Indicated that he was
a member of the Parke and Recreation Co®ittee. He was particularly
interested that Base Park be Included in the ordinance but that the
restrictions imposed would not unnecessarily their the activities that
re being recuntended for the future. Hobert Miller, City Solicitor,
inforasd Mr. Perkins that an eme1Wment would be proposed to take care
of the situation at Baer Park providing for basic prohibitions and
restrictions, but allowing flexibility for the unique activities that
are planned for the facility.
Mr. Merle again Addressed the Contrition and indicated that he
fait Information concerning the proposed ordinance should be distributed
to members of the public, Particularly young people. He suggested that a
pamphlet be prepared in ordinary lay language outlining the Do's and Contra
Of the new ordinance.
_2_
The next speaker me Mrs. Siegal who also indicated bar support
for the proposal. She suggested that additional ordinances were needed
far improper conduct ID areae outside the parka. She also suggested
that the proposed closing of the parka at 10 P.M. was too late.
Councilor Speirs addressed the Camittee and indicated concern
about the 10 P.M. standard. fie suggested that a comment be ppared
which would adjust for the imposition Of Daylight Saving Time during
the suer marks,
The next speaker was Patricia Finnegan who suggested that the
proposed ordinance recognizes the problems presently existing in public
Seeks, but does not solve them. She also described the ordinance a
giving a false sense of security to people owning property in the vicinity
of the parka and who use them on a regular basis. She stated that the
ordinance does not speak to the problem of public vandalism, and suggested
that there am now laws on the books which will cover such situations.
She suggested that the problem is enforcement rather than the need for
new ordinances or laud.
M. Flanagan also indicated opposition to the proposed Closing
of the parka at 10 P.M. She suggested that the provision ase totally
repremive, and offered a challenge to some people who would try to stay
out after 10 P.M. to agonize local cities" and police officers. She also
suggested that the curfew would land to harassmnt to otherwise proper
Conduct within the parks beyond the clueing hours.
Councilor Smatter spoke in respome to Bass of M. Finnegan's
remarks by stating that the legislature has repealed may provisions which
serve to control conduct on public property. N stated that we o longer
have an enforceable intoxication law and that the loitering and vagrancy
laws have been struck dawn. He suggested that the problems on Main Street
[weed additional wcMs
rn by the City Council. Councilor Scenario asked M.
Finnegan if she bad
in mind awry laws presently on the books which would
same the Hare purposes. MS. Flanagan responded that she was thinking
primarily of the laws against vandalism and pollution.
Councilor Heavy suggested that the proposed ordinance would not
be a cure-all for all of the problems in the parks. Me also made knowledge
that seem Of the provisions in the proposed ordinance are somewhat
repetitive of existing provisions already on the books. However, he felt
that a comprehensive park ordinance was in order to solve the problems.
He was some tat concerned about the fact that people who seem to voice
the moat complaints hadn't attended the public hearing.
Joseph Friedman, Police Officer, mentioned briefly that moat
loitering ordinances have been declared invalid. He suggested that the
proposed ordinance did set an appropriate standard and that public parka
will be posted to remind the citizenry of the am restrictions. Ms also
mentioned that he had the ordinance reviewed by the District Attorney who
felt that it was basically enforceable.
Councilor Mrountas also mentioned that loitering on Min Street is
still a problem. He suggested that between 11 P.M. and 5;A.M. there L a
considerable problem, and has requested that additional consideration be
given to expanding me loitering provisions.
-3 -
Councilor Saucy suggested that the Council wag trying to set a
standard which would provide for appropriate control of conduct in the
public parks. The purpose of the ordimme wan to try to slininste
those activities which were considered to be repulsive, and give people
an ample opportunity to enjoy the pack facilities.
Norman Martin than again spoke concerning vandalism in the
Parke. He suggested that a lot of tax: dollars are spent every year to
maintain the parka, and succeeded the Paris and Recreation Department for
its efforts. i@ did express concern about the young people breaking
bottles in the parks. He also felt that it was time that the kids be
given a challenge which he suggested the propsed ordinance would do. He
also expressed his support of giving more teeth to the ordimme.
Dale Theriault responded to sum, of the paints that had been
raised during the meeting regarding the useand conduct of park personnel.
He suggested that his people are presently getting complaints that youngsters
re being bothered by older children, and they have had some problems in
Getting the abotructom to conform.
At that point the cosecs ended Cram the members of the public,
and Chairman Soucy solicited accounts from the table. Each member of the
Cm®futee rearrested briefly on areae of their particular concern relating
to the ordinates. After they had gone around the table, Councilor Stuart"
indicated that he felt there was a need for these use regulations became
of increased liberalism in respect to controlling activities of the public.
City Wonder Merle Goff spoke to the Co®ituee indicating that
he felt the City was
not interested in challenging warned. He felt the
ordimme should be
crnsidered as a means of protecting all of the people,
Out only those persons who use the parks but also those who own property
is the 'waedfate area. He stated that under the proposed ordinance the
parka would be closed at 10 P.M. and that anybody using than after the
appointed hour would be in violation of the ordinance. He suggested that
after soon experience with the ordinance there eight be reason to emend
it to provide for greater flexibility or for purposes of strengthening it.
He stated that in his judgment the people are very concerned about abuses
of public property and public Tights. He alsostated that the drafters of
the ordinance were not married to the proposed provisions, and would be
glad t0 m+dify it to meet the meds of the public.
The final speaker was a Mrs. Cox who stated that she had come
to the meeting became she ova carious to know what was got" to be does
in respect to the public parka She expressed concern about the lack of
supervised activity between 5:30 P.M. and 8 Y.H. when her children often
go to the public areas.
The public hearing closed at 8:20 P.M. After the public hearing
the Committee net briefly for a discussion of the points brought out by
the public. it wag agreed that the City Solicitor would prepare proposed
amendments to meet the desires of the Downtimes and have than ready for
the next Council meeting.
Respectfully submitted,
Robert E. Millet
to City Solicitor