HomeMy WebLinkAbout2023-05-22 23-154 Ordinance23-154 May 22, 2023
CITY COUNCIL ACTION
Council Meeting Date: May 22, 2023
Item No: 23-154
Responsible Dept: Legal
Action Requested: Ordinance Map/Lot: N/A
Title, Ordinance
Revising and Updating the Ordinances of the City of Bangor
Summary
General Code Publishers has completed the meticulous process for revising and updating the City's Code of Ordinances,
and our new ordinance books have been received in the City Clerk's office. The City's Code of Ordinances has not been
comprehensively updated since 1998, and an update has been needed for several purposes, including improving internal
consistency, eliminating outdated and incorrect cross-references, confirming gender neutral language throughout,
cleaning up typographical errors and grammatical mistakes, and eliminating inconsistencies that developed as a result of
changes that have occurred within and outside of the Code of Ordinances.
This Ordinance would formally adopt the updated City Code, including incorporating the revisions made during the
course of the comprehensive legal and editorial analysis, which involved staff participation including all of the various
department heads. All substantive amendments to the existing City ordinances have been attached to the adopting
ordinance as "Schedule A."
Committee Action
Committee: Government Operations Committee
Action: First Reading and Referral
Meeting Date: June 5, 2023
For:
Against:
Staff Comments & Approvals
Staff recommends adoption. This item requires five affirmative votes for final passage. This is a roll call item.
City Manager
Introduced for: First Reading and Referral
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City Solicitor
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Finance Director
23-154 May 22, 2023
CITY COUNCIL ORDINANCE
Date: May 22, 2023
Assigned to Councilor: Yacoubagha
ORDINANCE, to Revise and Update the Ordinances of the City of Bangor
WHEREAS, General Code Publishers has completed the process for revising and updating the City's Code of
Ordinances, and
WHEREAS, the City's Code of Ordinances has not been comprehensively updated since 1998, and a
comprehensive update has been needed for several purposes including improving internal consistency,
eliminating outdated and incorrect cross-references, confirming gender neutral language throughout, cleaning
up typographical errors and grammatical mistakes, and eliminating inconsistencies that developed as a result
of changes that have occurred within and outside of the Code of Ordinances, and
WHEREAS, this Ordinance would formally adopt the updated City Code, including the revisions made during
the course of the comprehensive legal and editorial analysis in which all department heads participated, and
WHEREAS, all substantive amendments to the existing Code of Ordinances have been attached to the
adopting ordinance as "Schedule A,"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
The Ordinance Revising and Updating the Ordinances of the City of Bangor, Maine, as outlined in Schedule A,
is hereby adopted.
AN ORDINANCE TO REVISE AND CODIFY ORDINANCES OF THE CITY OF
BANGOR, MAINE
The Bangor City Council hereby adopts the revised Code of the City of Bangor as follows:
§ 1-1. Code adopted; existing ordinances continued.
Pursuant to 30-A M.R.S.A. § 3004, the ordinances of the City of Bangor of a general and
permanent nature adopted by the City Council of the City of Bangor, as revised and codified and
consisting of Chapters 1 through 302, are hereby approved, adopted, ordained and enacted as the
Code of the City of Bangor, hereinafter referred to as the "Code." The provisions of the Code,
insofar as they are substantively the same as those of the ordinances in force immediately prior to
the enactment of the Code by this ordinance, are intended as a continuation of such ordinances
and not as new enactments. This ordinance and the Code adopted hereby shall supersede and
replace the 1998 City of Bangor Code of Ordinances, as amended and supplemented.
§ 1-2. Code on file; additions and amendments.
A. The Code is on file in the office of the City Clerk and shall remain there for use and
examination by the public until final action is taken on this ordinance and thereafter while
the Code shall be in effect.
B. Additions or amendments to the Code, when adopted in such form as to indicate the
intent of the City Council to make them a part thereof, shall be deemed to be incorporated
into such Code so that reference to the "Code of the City of Bangor" shall be understood
and intended to include such additions and amendments.
§ 1-3. Notice; publication.
In the event that notice of enactment of this ordinance is required by law, the City Clerk shall
cause notice of the enactment of this ordinance to be given in the manner required by law. The
notice of passage of this ordinance and the filing of the Code in the office of the City Clerk as
provided in § 1-10 shall be deemed, held and considered to be due and legal publication of all
provisions of the Code for all purposes.
§ 1-4. Severability.
Each section of this ordinance and of the Code is an independent section, and the holding of any
section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be
deemed to affect the validity or constitutionality of any other sections or parts thereof. If any
provision of this ordinance or the Code or the application thereof to any person or circumstances
is held invalid, the remainder of this ordinance and the Code and the application of such provision
to other persons or circumstances shall not be affected thereby.
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MAY 22, 2023
Bangor, C.
§ 1-5. Repealer.
Code Adoption — 2
A. All ordinances or parts of ordinances inconsistent with the provisions contained in the
Code adopted by this ordinance are hereby repealed; provided, however, that such repeal
shall only be to the extent of such inconsistency, and any valid legislation of the City of
Bangor which is not in conflict with the provisions of the Code shall be deemed to remain
in full force and effect. In accordance with 30-A M.R.S.A § 3004, all ordinances in force
before adoption of this Code continue in force for the sole purpose of preserving vested
rights acquired under the former provisions.
B. The following portions of the 1998 Code of Ordinances have been excluded from the new
Code and are specifically repealed:
1) Chapter 82, Building Code, Residential, adopted October 23, 2006, by Ord. No.
06-342, as amended November 22, 2010, by Ord. No. 11-011.
§ 1-6. Ordinances saved from repeal.
The adoption of this Code and the repeal of ordinances provided for in § 1-5 of this ordinance
shall not affect the following ordinances, rights and obligations, which are hereby expressly saved
from repeal:
A. Any ordinance adopted subsequent to February 27, 2023.
B. Any right or liability established, accrued or incurred under any legislative provision
prior to the effective date of this ordinance or any action or proceeding brought for the
enforcement of such right or liability.
C. Any offense or act committed or done before the effective date of this ordinance in
violation of any legislative provision or any penalty, punishment or forfeiture which may
result therefrom.
D. Any prosecution, indictment, action, suit or other proceeding pending or any judgment
rendered, prior to the effective date of this ordinance, brought pursuant to any legislative
provision.
E. Any franchise, license, right, easement or privilege heretofore granted or conferred.
F. Any ordinance providing for the laying out, opening, altering, widening, relocating,
straightening, establishing of grade, changing of name, improvement, acceptance or
vacation of any right-of-way, easement, street, road, highway, park or other public place
or any portion thereof.
G. Any ordinance or resolution appropriating money or transferring funds, promising or
guaranteeing the payment of money or authorizing the issuance and delivery of any bond
or other instruments or evidence of the City's indebtedness.
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MAY 22, 2023
Bangor, C.
Code Adoption — 3
H. Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful
contract, agreement or obligation.
I. The levy or imposition of taxes, assessments or charges or the approval of the municipal
budget.
J. The dedication of property or approval of preliminary or final subdivision plats.
K. All currently effective ordinances pertaining to the rate and manner of payment of
salaries and compensation of officers and employees.
L. Any ordinance relating to or establishing a pension plan or pension fund for municipal
employees.
M. Any ordinance adopting or amending a Zoning Map.
§ 1-7. Changes in previously adopted ordinances.
A. In preparing the revision and codification of the ordinances, certain minor grammatical
and nonsubstantive changes were made in one or more of said ordinances. It is the
intention of the City Council that all such changes be adopted as part of the Code as if the
ordinances so changed had been previously formally amended to read as such.
B. The changes, amendments or revisions as set forth in Schedule A attached hereto and
made a part hereof are made herewith, to become effective upon the effective date of this
ordinance. (Chapter and section number references are to the ordinances as they have
been renumbered and appear in the Code.)
C. The following terminology is updated throughout the Code:
2) Gender -neutral language. The word "he" is amended to read "he/she" or "he or
she"; the word "his" is amended to read "his/her" or "his or her"; and the word
"him" is amended to read "him/her" or "him or her."
3) References to the Code Enforcement Office are amended to read "Code
Enforcement Division."
4) In Chapter 28, City Departments, references to Article V, Section 2(a), of the
City Charter are amended to read "Article VII, Section 2(a)."
5) In Chapter 120, Floodplain Management, the term "registered professional
engineer" is amended to read "licensed professional engineer."
6) In Chapter 165, Land Development, the term "registered professional engineer"
is amended to read "licensed professional engineer," and the term "registered
land surveyor" is amended to read "professional land surveyor."
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MAY 22, 2023
Bangor, C. Code Adoption — 4
7) In Chapter 252, Sewers and Drainage, the term "Superintendent" is amended to
read "Director."
§ 1-8. Titles and headings; editor's notes.
A. Chapter and article titles, headings and titles of sections and other divisions of the Code
are inserted in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
B. Editor's notes indicating sources of sections, giving other information or referring to the
statutes or to other parts of the Code are inserted in the Code and may be inserted in
supplements to the Code for the convenience of persons using the Code and are not part
of the legislation.
§ 1-9. Altering or tampering with Code; violations and penalties.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will
cause the laws of the City of Bangor to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to a fine of not more than $100.
§ 1-10. When effective.
This ordinance shall take effect upon adoption by the City Council of the City of Bangor.
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MAY 22, 2023
AS AMENDED
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MAY 22, 2023
City of Bangor
Code Adoption Ordinance
Schedule A
Specific Revisions at Time of Adoption of Code
Nomenclature.
Throughout the Code, singular personal pronouns are revised to plural form: "he or she" and
"he/she" are amended to read "they"; "him or her" and "him/her" are amended to read "them";
"his or her" and "his/her" are amended to read "their"; "himself or herself," "him-or herself," and
"himself/herself" are amended to read "themselves."
Chapter 9, City Council.
Article II, Meetings.
A. Section 9-20 is amended to change "Article II, Section 6" to "Article II, Section 5."
Article III, Ordinances.
B. Section 9-25 is amended as indicated:
,
� . The procedure for enactment of ordinances,orders and
resolves shall be as provided in the Article II, Section 7, of the Citv Charter.
C. Section 9-26B is amended as indicated:
The maximum penalty for violation of any ordinances of the City of Bangor shall be
$2,500;provided,however,that when it can be shown that there has been a previous
conviction of the same party within the last two years for a violation of the same
ordinance,the maximum penalty may exceed$2,500 but shall not exceed$25,000.
Chapter 14, City Elections.
Article I, Voting Districts and Precincts.
A. Section 14-1 is amended as indicated:
For purposes of all municipal elections,the City of Bangor shall'�� �'�����'��' �r*� consist
of one voting district, also known as "ward." The boundaries of such district encompass
the four districts established by virtue of'" n na� c n � ,�nn L. 2021, c. 490 (as it
Sch. A- 1
AS AMENDED
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MAY 22, 2023
mav be amended from time to time) for the election of inembers of the State of Maine
House of Representatives from the City of Bangor,
�i�te.
Article II, Registrar of Voters and Registration Appeals Board
B. Section 14-6A is amended to update the reference to the City Charter from Article V, Section
2(a),to Article VII, Section 1(a).
Chapter 23, Boards, Committees and Commissions.
Article II, Planning Board.
A. Section 23-6 is amended to change "each elected member"to "each appointed member."
B. Section 23-8 is amended as indicated:
The Planning Board shall have full power and authority to make such investigations,
maps and reports, and recommendations in connection therewith,relating to the planning
and development of the municipality as seem desirable to it;provided,however,that the
total expenditures for such purposes shall not exceed the appropriation therefor,together
with such gifts as may be placed at the disposal of the r���r��' +'��r���Plannin�Board.
C. Section 23-1 l, lead-in paragraph, is amended as indicated:
Such Comprehensive Plan shall show existing and desirable streets,highways, street
grades,bridges and tunnels,viaducts,public places,parks,parkways,playgrounds,
roadways in streets and parks, sites for public buildings and structures,use and building
zones,u�r'��r r���;��;�N�r�',;N�� waterways, routes of railroads and buses, locations
of sewers,water conduits and other public utilities and other planning features.
Article III, Commission on Cultural Development.
D. Section 23-17 is amended to change "Chairperson" to "Chair."
Article IV, Penjajawoc MarshBangor Mall Management Commission.
E. Section 23-24C is amended to change "Director of Infrastructure and Development Support"
to "City Engineer."
F. Section 23-28 is amended to change "Chairperson and a Vice-Chairperson"to "Chair and a
Vice Chair."
Article V, Downtown Parking Advisory Committee.
G. Section 23-36 is amended to change "Downtown Parking Management Area"to "Downtown
Parking Management District."
Article VI, Advisory Committee on Racial Equity, Inclusion, and Human Rights.
H. Section 23-42 is amended to change "Chairperson" to "Chair."
Chapter 28, City Departments.
Article II,Airport Department.
A. Section 28-5 is amended to change "Airport Manager"to "Airport Director."
Article VI, Executive Department.
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AS AMENDED
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MAY 22, 2023
B. Section 28-21,lead-in paragraph,is amended to change "Article V, Section 1(a) ofthe City
Charter"to "Article VII, Section 1(a), ofthe City Charter."
Article XIII, Public Health and Community Services Department.
C. Sections 28-56 and 28-58A are amended to change "Bangor Region Public Health and
Wellness Division" to "Bangor Public Health and Wellness Division."
D. Section 28-58B is amended as indicated: "There is hereby authorized and established the
position of Health Officer,�T'���� r� �;�-;�;+� ��,.,n ; ,.�,,,ao+�,o � o „�+�,o n„�.r,,.
appointed for a term of three years."
E. Former § 28-58C, Public Health Advisory Board established, is repealed.
Article XV, Records Department.
F. Section 28-67E is amended as indicated: "Each request or inquiry requiring a search of the
vital records shall be accompanied by an administrative fee e€�'�as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109,Fees, of this Code."
Article XVII, Emergency Management Agency.
G. Section 28-77A is amended to change "Director of Infrastructure and Development"to "City
Engineer."
H. Section 28-80A is amended to change "National Emergency Management System(NIMS)"to
"National Incident Management System(NIMS)."
L Section 28-82 is amended to change "Workmen's Compensation Act"to "Workers'
Compensation Act."
Chapter 33, Code of Ethics.
Article II, Standards of Conduct.
A. Section 33-9.1.
(1) Former Subsections C(2)(k),Parking Administrator, C(2)(s), Director of Public
Services, and C(2)(t), Director of Business and Economic Development, are repealed.
(2) Subsection C(2)(m)is amended to change "Purchasing Officer"to "Purchasing
Agent."
(3) Subsection C(2)(o)is amended to change "Housing Coordinator"to "Director of
Public Health and Community Services."
(4) Subsection C(2)(u)is added to read "Director of Parks and Recreation."
(5) Subsection C(2)(v)is added to read "Director of Public Works."
B. Section 33-lOC is amended as indicated: "No board or commission member shall appear on
behalf of any third=party interest before a City agency of which they are a current member."
Chapter 45, Funds.
Article I, Hersey Fund.
A. Section 45-2 is amended to change "Section 14 of Article V"to "Article VII, Section 12."
Article II, School Funds.
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AS AMENDED
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MAY 22, 2023
B. Section 45-9C is amended as indicated:
No member of the City Council shall be eligible to the office of a member of this Board,
and the election to the City Council of any member of the Trustees shall create a vacancy
in said Board,and any vacancy arising in said Board shall,for the unexpired term, be
filled�r*'��m � �'���� � �r*��"�� *'�� r;*� r�„r�;' as provided in Article VII,
Section 11, of the Citv Charter.
C. Section 45-9E is amended to change "Section 13,Article V, of the City Charter"to "Article
VII, Section 11,of the City Charter."
Chapter 54, Airport Rules.
Article III, Vehicular Operations.
A. Section 54-14C is amended as indicated:
No person shall park a vehicle within any vehicular parking and storage area except upon
the payment of such parking tariff or charge as may from time to time be prescribed by
the contracted parkin�mana�ement compan�.
Article V,Aircraft Operations.
B. Section 54-23.
(1) Subsection B is amended as indicated: "No air carrier or supplemental shall practice
aircraft landing or takeoff at the airport without permission Operations at the airport
shall be per FAA re�ulations."
(2) Subsection K is amended as indicated:
No aircraft shall be ta�ed at the airport unless a c�e�pilot certified to operate
that particular type of aircraft or a certified ^-°��'~~��'��~�� A&P mechanic or
qualified aviation maintenance technician properly qualified to taxi that
particular type of aircraft shall be attending the controls.
(3) Subsection Q is amended to change "A&E mechanic"to "A&P mechanic or qualified
aviation maintenance technician."
Article VI, Safety and Fire Prevention.
C. The following sections are amended to change "Fire Prevention Officer"to "Fire Chief':
§§ 54-29B, 54-30C and E, 54-31A, 54-32I, 54-33B and E.
D. The following sections are amended to change "National Board of Fire Underwriters"to
"American Insurance Association": §§ 54-29C, 54-30L, 54-31B, and 54-32I.
E. Section 54-30E is amended to change "premises designed for such use"to "premises
designated for such use."
F. Section 54-34D.
(1) The lead-in paragraph is amended as indicated:
Any person accused of a parking violation at the Bangor International Airport
may voluntarily waive their right to appear and defend before any court the
charge made against them for such illegal parking by paying to the municipality
the sum shown in & 291-43A ofthis
Code within 30 days following the date such alleged offense was committed.
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AS AMENDED
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MAY 22, 2023
(2) Subsection D(4)is amended as indicated:
The waiver fee for any person accused of a violation relating to�e�
��,o,-o.,�+o,- �,,,-., r,a „ „i.�o,.,,or+. „i.,+;,,r i.� +�,o � r;+�,;r .,
�
�"��~��' ���.~�� disabilit�parkin� shall be $200 ifpaid within 30 days ofthe
---a--' --------'
alle�ed offense and$400 thereafter. For any second or subsequent violation bX
the same person within a six-month period,the waiver fee shall be $500. For anX
person accused of a violation relatin�to disabilit�parkin�who ri�htfully
possessed a disabilit�plate or placard at the time of the violation but failed to
displa.�plate or placard,the waiver fee shall instead be $25 if paid within 30
days of the alle�ed offense and $50 thereafter.
G. Section 54-35 is amended to update Chapter 291, § 291-46, Subsections C and D to § 291-
43D, Impoundment.
Chapter 58, Alarm Systems.
Article I, Burglar and Emergency Alarm Systems.
A. Section 58-4B is amended to change 16 MR.S.A. § § 611 through 622 to 16 M.R.S.A. § 801
et seq.
B. Section 58-6A is amended to read as follows:
The fees pertaining to all police responses to alarms received within each calendar year,
January 1 through December 31, shall be as prescribed in the Schedule of Fees adopted
pursuant to Chapter 109, Fees, of this Code.
Article II, Fire Alarms.
C. Section 58-10A is amended to read as follows:
If any person shall willfully or maliciously give or cause to be given a false alarm of fire
by activating an alarm system,they shall be punished by a fine of not less than $100 and
shall reimburse all costs incurred by the city in responding to such false alarm. This fine
is in addition to the response fee imposed by § 58-lOB(1).
D. Section 58-lOB(1)is amended to read as follows:
Fees pertaining to all Fire Department responses to alarms where no fire emergency
exists received within each calendar year,January 1 through December 31, shall be as
prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
E. In § 58-11.2,the definition of"wooden truss" is amended to change "arranged in a single
plan" to "arranged in a single plane."
Chapter 61, Alcohol and Entertainment.
Article I, Bottle Clubs.
A. Section 61-3 is amended as indicated: "The annual license fee for a bottle club shall be �8�
as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code."
B. Section 61-10 is amended as indicated:
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AS AMENDED
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MAY 22, 2023
Ti�irp€�`'.�vir�ii�a€�'�ic-ccgc=v z��€�-�'Ji^�ar�i-�'v€�3€�'iii=���ii�cci�"c�r"cr��'. A bOttle CIUb
mav not allow a minor not emploved bv the bottle club or not accompanied bv the
minor's parent, �uardian or custodian, as defined in 22 M.R.S.A. § 4002,to remain on the
bottle club premises, except on occasions when liquor is prohibited on the bottle club
premises. A bottle club ma.�ploy minors only if an employee of le�al drinkin�a�e or
older is present in a supervisory capacit�
Article II, Special Amusement Permits.
C. Section 61-18 is amended to read as follows:
The permit fee for a special amusement permit shall be as prescribed in the Schedule of
Fees adopted pursuant to Chapter 109, Fees, of this Code,plus the cost of advertising for
a public hearing under § 61-19 below.
Article III, B.Y.O.B. Function Permits; Off-Premises Catering Licenses.
D. Section 61-27 is amended as indicated: "The license fee shall be �as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109,Fees, of this Code."
E. Section 61-28 is amended to change "off-catering function" and "off-catering license"to "off-
premises catering function" and "off-premises catering license," respectively, and to add the
following sentence to the end thereo£ "The fee for an off-premises catering license shall be
as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code."
Article IV, Alcohol Server Training Requirements.
F. Section 61-29 is amended to change "State Bureau of Liquor Enforcement"to "Division of
Liquor Licensing and Enforcement."
Chapter 65, Animals.
Article I,Animal Control.
A. Section 65-SA(2)is amended as indicated:
Notwithstanding the provisions of Subsection A(1)of this section, sled dogs covered by a
valid �'��' �'��„��;*; �� , r��r � tic ,c „�+�,;� r,,,ao kennel license issued under § 65-
15 of this chapter may be confined in an open-air enclosure ...
B. Section 65-SD is added to read: "This section does not apply to dogs engaged in herding
livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners
of danger to the livestock."
C. Section 65-6A is amended as indicated:
It shall be the duty of such owner or keeper,upon receiving notice of the character
aforesaid,to immediately place such dog under confinement for a period of at least�-410
days,,,-+„ ,aoi;.o ,.i, ,a,,,.+„+i,o r;+� n r;,,..,i ci,oi+o,-. The r�;,-o,.+,,,-„�n„i.i;,,uo.,i+i, .,r,a
�x'�'�3 Ban�or Animal Control Officer shall be notified immediately by the person in
charge of the death of any dog while under confinement.
Article IV, Kennels.
D. Section 65-14C is amended to change "improved"to "approved" at the end of the first
sentence.
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AS AMENDED
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MAY 22, 2023
E. Section 65-15B is amended to change "Treasury Department"to "Treasury Division of the
Records Department" and to change "Sewer Department"to "Water Quality Management
Department."
F. Section 65-16E(1) is amended to change "State Animal Welfare Department"to "State
Animal Welfare Program."
G. Section 65-17B is amended to change "permit"to "license."
Chapter 71, Bangor Center Revitalization Area.
Article II,Administration and Enforcement.
A. Section 71-12.
(1) Subsection B, lead-in paragraph, is amended as indicated:
Notwithstanding §§ 71-8 and 71-9 above,minor alterations or revisions to work
€e�which the Design Committee has approved may be permitted by the Code
Enforcement Officer, Planning Officer,and Design Committee Chair without
referral to the Design Committee subj ect to the following conditions:
(2) Subsection B(1)is amended as indicated:
Submission of an application to the Staff Coordinator, setting forth the proposed
revision in sufficient detail to permit adequate review of the same. The format
and number of copies of the application submitted shall be as set by the Staff
Coordinator.-; and
(3) Subsection B(2)is amended as indicated:
�€�e�r Determination bv the Code Enforcement Officer, Planning Officer and
Chair of the Design Committee (or,in their absence,the Vice Chair or,in both
their absences,the senior member ofthe Committee in time of service)thatthe
proposed change constitutes a minor alteration or revision and does not require
Committee approval.
B. Section 71-13E is amended as indicated:
If the Code Enforcement Officer, or their designee, or the Planning Officer, or their
designee, determines that the proposed alteration is either not minor in scope,or not
appropriate, or both,the application shall not be approved.
Article III, Property Rehabilitation Standards.
C. Section 71-22, lead-in paragraph, is amended to change "§ 231-8, Public Parks,"to "§ 231-8
of Chapter 231, Public Parks."
Chapter 76, Blasting.
Section 76-7 is amended to read as follows: "The applicant for a blasting permit shall pay to the
City a permit fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of
this Code."
Chapter 81, Building Code.
Article I,Adoption of Standards.
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A. Section 81-1 is amended to change "is hereby adopt" to "is hereby adopted."
Article II, Emergency Service Systems.
B. Section 81-3G(5)(a)is amended to change "mute(s) of access"to "route(s) of access."
Chapter 85, Business Licenses.
A. Section 85-3B is amended to change "sufficient to appraise the applicant"to "sufficient to
apprise the applicant."
B. Section 85-4B is amended to read as follows: "The fees to be charged for such licenses and
permits shall be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees,
of this Code."
C. Section 85-4C is amended as indicated:
The above fees shall be increased annually on July 1 of each year'����rr�r��r �°O4 by a
percentage equal to the percentage increase in the Federal Consumer Price Index-Urban
(CPI-U)for the immediately preceding calendar year. Fees shall be rounded up to the
next highest$1.
D. Section 85-SB is amended as indicated:
A license or permit application shall not be denied under Subsection A(3) above where
the applicant is a business with respect to which collection actions have been stayed or
the underlying debt has been discharged by order of the United States Bankruptcy Court
or where the underlying debt is the subject of an authorized, current workout agreement
executed by the applicant and the City Finance Director or City�Tax Collector
or Citv Clerk.Workout agreements for this purpose must provide for payment in full of
the underlying debt and all interest and other charges accruing thereon within 18 months
or less from the agreement date. On request,the City�'�r�r�� T'�r��+�r Tax Collector
shall certify the existence and current status of any such workout agreement to the
applicant and to the City Clerk. Except in bankruptcy cases,any license or permit issued
on the basis of a workout agreement shall be revoked by the City Clerk upon certification
by the City�'�r�r�� T';r��+�r Tax Collector that the license or permit holder has failed to
meet its obligations under the workout agreement concerned.
Chapter 95, Cultural Development.
A. Section 95-4 is amended to change "Business and Economic Development Officer"to
"Director of Community and Economic Development," and to change "Planning,and Public
Services"to "Public Health and Community Services."
Chapter 99, Disruptive Property.
In § 99-4,the definition of"disruptive activities," Subsection D is amended as indicated:
"Altercations occurring on the property, such as fighting, disruptive conduct,brawling or similar
activities,excludin�incidents involvin�domestic violence;"
Chapter 102, Electrical Code.
Section 102-3.
A. Subsection D is amended to change "City of Bangor Electrical Division" to "City of Bangor
Electrical Inspector."
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B. Subsections D and E are amended to change "Fire and Public Services Departments" to "Fire
Department."
Chapter 113, Firearms and Fireworks.
Section 113-3B is amended to change "valid huntering license"to "valid hunting license."
Chapter 116, Fire Prevention.
Section 116-4D is amended as indicated: "Outdoor burning is allowed only if winds are not
greater than 10 miles per hour and the c+�+o ��ro�+T';�,;�;�r Maine Forest Service has classified
the fire danger at a Class One or Class Two."
Chapter 120, Floodplain Management.
A. Section 120-4A is amended as indicated:
The Code Enforcement Division shall collect a nonrefundable application fee e€�5�
made payable to the City of Bangor as prescribed in the Schedule of Fees adopted
pursuant to Chapter 109, Fees, of this Code, and a copy of a receipt for the same shall
accompany the application.
B. Section 120-9F is amended to change "Chairperson"to "Chair."
Chapter 124, Food Establishments.
A. Section 124-2A is amended to read as follows:
In accordance with 30-A M.R.S.A. § 3003,the State of Maine Food Code 2013, adopted
by the State of Maine Department of Health and Human Services and the Maine
Department of Agriculture, Conservation and Forestry,in accordance with 22 M.R.S.A.
§ 2491 et seq., is hereby adopted and incorporated in its entirety as if fully set forth
herein.
B. Section 124-3.
(1) The lead-in paragraph is amended to change "State of Maine Food Code 2001"to
"State of Maine Food Code 2013."
(2) Subsection A is amended to change "Section 1-201.10(B)(70"to "Section 1-
201.10(B)(93)."
(3) Subsection B is amended, in the entry for 8-302.21 under"8-302 Issuance of
licenses,"to change "Department of Human Services (Division of Health
Engineering)"to "Department of Health and Human Services."
Chapter 127, Fuel Gas.
A. Section 127-1 is amended to remove "in accordance with 32 M.R.S.A. § 14801 et seq." from
the end thereof.
B. Section 127-2 is amended to update the following:
(1) NFPA 30 to the 2008 edition.
(2) NFPA 52 to the 2010 edition.
(3) NFPA 54 to the 2012 edition.
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(4) NFPA 58 to the 2011 edition.
(5) NFPA 59 to the 2012 edition.
(6) NFPA 59A to the 2009 edition.
(7) The references to NFPA 501, 2003 edition and NFP SOlA, 2003 edition are deleted.
C. Section 127-6 is amended to change "Propane and Natural Gas Board"to "Fuel Board."
Chapter 128, Furnaces, Fuel Storage Tanks and Solid Fuel Stoves.
Article I, Furnaces and Fuel Storage Tanks.
A. Section 128-1 is amended to update 32 M.R.S.A. § 2311 et seq.to 32 M.R.S.A. § 18101 et
seq.
B. Section 128-2 is amended as indicated:
The fee for such permit shall be ���e�e�r��e� '4���Ek�^�'��
�B as prescribed in the Schedule of Fees adopted pursuant to Chapter 109,Fees,of this
Code and shall cover the cost of the inspection hereinafter required.
C. Section 128-5 is amended to update "Oil and Solid Fuel Board" to "Fuel Board."
Article II, Solid Fuel Stoves.
D. Section 128-10 is amended as indicated:
The application for a solid fuel stove permit shall be submitted in such form as the
Division may prescribe and shall be accompanied by a fee e€��as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109,Fees, of this Code for each solid fuel
stove installed.
Chapter 134, General Assistance Program.
A. Section 134-1H is amended to change "submitted to the Commission for comment and filing"
to "submitted to the Commissioner for comment and filing."
B. In § 134-2,the definition of"just cause," Subsection H is amended to change "Bureau of
Employment Security" to "Department of Labor."
C. Section 134-4C(3)is amended to change "changes in statutes"to "changes in status."
D. Section 134-26G(4) is amended to change "authorizes the social security" to "authorizes the
Social Security Administration," and to revise the last sentence as indicated:
Any general assistance applicant who has applied or who may be applying for SSI e�who
refuses to sign such an authorization will be found ineligible for general assistance until
they provides the required signature.
E. Section 134-29E is amended as indicated:
All appeals under these guidelines shall be heard by the fair hearing authority,who shall
consist of the Assistant City Manager,the Finance Director, and the ��
r,,,,.,,.,,r;+� r,o.o�„�,,.or+r,;,-o,.+,,,-Community and Economic Development Director.
The r;*� "'��r���r�r�'*'��Housing Rehabilitation Specialist shall serve as the€r�s�
�alternate members of the fair hearing authority�ee��. A maj ority of the
members of said��fair hearing authorit�sha11 constitute a quorum for the
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MAY 22, 2023
transaction of business,but a smaller number may adjourn a meeting from one time to
another.
Chapter 140, Harbor and Waterways.
Article I, Harbor Rules and Regulations.
Section 140-5 is amended in the lead-in paragraph to change "Director of Public Services"to
"Director of Parks and Recreation."
Chapter 148, Historic Preservation.
Section 148-4B is amended as indicated:
Written notice of the public hearin�on the proposal shall be given to the applicant,
owners of all property abutting or to be included within the proposed designation and all
other persons found by the Commission to have a special interest in the proposal.
Chapter 165, Land Development.
A. The title of Part 1 is revised from "Legal Provisions, Organizations and Administration"to
"Purpose,Applicability,Administration and Enforcement."
B. Section 165-8.
(1) Subsection A(2)(c)is added to read "Solar Array Overlay Zone."
(2) Subsection B is amended,in part, as indicated:
For the purposes of this chapter,the boundaries of all districts in the City of
Bangor are hereby established as shown on the Zoning Map of the City of
Bangor, dated October 28, 1991, as amended, consisting originally of 146 pages
of tax maps...
C. Sections 165-9B(1) and 165-112C(6) are amended to change "Planning Director"to
"Planning Officer."
D. Section 165-9E is amended to change "occupancy permit"to "certificate of occupancy."
E. Sections 165-1OB(2), 165-32A(1)(c), 165-70.2E,and 165-108.2C(2) are amended to
change "Planning Office" to "Planning Division."
F. Section 165-11.
(1) Subsections B and C(1) are amended as indicated: "�e The Board of A�peals shall
hear and decide upon appeal requests for variance..."
(2) Subsection D(1)is amended as indicated:
For the purpose of this subsection, a disability has the same meaning as a
physical or mental�disabilitv under � , 5 MR.S.A. § 4553-
A and the term "structures necessary for access to or egress from the dwelling" is
defined to include railing,wall or roof systems necessary for the safety or
effectiveness ofthe structure.
(3) Subsection E is amended to correct"43 U.S.C. § 3601 et seq."to "42 U.S.C. § 3601
et seq."
G. Section 165-13.
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MAY 22, 2023
(1) The definition of"accessory use or structure" is amended to read: "See 'structure,
accessory'and 'use, accessory."'
(2) The definition of"group home" is amended as indicated: "See 'community living
€ae��arran_e� ment."'
(3) The definition of"manufactured housing," Subsection B(5), is amended to change
"BOCA Basic/National Building Code" to "Maine Uniform Building and Energy
Code."
(4) The definitions of"medical marijuana caregiver store" and "medical marijuana
cultivation facility," Subsection B, are amended to delete the reference to "registered
primary caregiver."
H. Section 165-16A is amended as indicated: "All such expansions of a nonconforming use are
subj ect to review and approval by the Planning Board under Article XVI to ensure the
expansion of the nonconforming use does not increase any adverse impact on adjacent
properties."
L Section 165-22G is amended to change "major street"to "major arterial street."
J. Section 165-27B(3)is amendedto change § 260-SIto § 260-15.
K Section 165-29.1.
(1) Subsection F is amended to change "American Wind Energy Association"to
"American Clean Power Association."
(2) Subsection G is amended to change "International Building Code" to "Maine
Uniform Building and Energy Code."
L. Section 165-31D(2)is amended to change "General Commercial Service District"to
"General Commercial and Service District."
M. Section 165-31.1B is amended to change "the district in which they lay" to "the district in
which they lie."
N. Section 165-312.
(1) Subsection B(4)is amended to change "Subsection 2"to "Subsection B(2)."
(2) Subsection B(11)is amended to change "other lands and regulations"to "other laws
and regulations."
O. Section 165-32.
(1) Subsection A(1)(c)is amended to change "Code Office"to "Code Enforcement
Division" and to change the cross reference from § 165-113A to § 165-113B.
(2) Subsection A(1)(e)is amended to change "a vote not to renew"to "a vote not to
approve."
P. Section 165-331C is amended to change "March 2003 Edition"to "October 2016, as may
be amended."
Q. Section 165-47D is amended to change "Soil and Water Conservation Commission" to
"Department of Agriculture, Conservation and Forestry."
R. Section 165-49A is amended to change "Resource Protect District"to "Resource Protection
District."
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MAY 22, 2023
S. Sections 165-55 and 165-56B are amended to change "State Planning Office" to "State
Department of Agriculture, Conservation and Forestry."
T. Section 165-56A is amended to change the references to the Board of Environmental
Protection and "Board" to the Commissioner of the Department of Environmental
Protection and "Commissioner," respectively.
U. Section 165-57.
(1) The definition of"coastal wetland"is amended to change "National Ocean Service"
to "National Oceanic and Atmospheric Administration."
(2) The definition of"marina" is amended to change "boat and tackle shops" to "bait and
tackle shops."
(3) The definition of"outlet stream" is amended as indicated:
Any perennial or intermittent stream, as shown on the most recent edition of the
seven_and=one=half-minute series^r����r m�r��+� ��r;�� or,if not available, a
fifteen-minute series topographic map produced by the United States Geological
Survey,that flows from a freshwater wetland.
(4) The definition of"recreational vehicle"is amended to update "State Division of
Motor Vehicles" to "State Bureau of Motor Vehicles."
V. Section 165-59C is amended,in part, as indicated:
Heights of cellular telecommunication towers and radio and television
broadcast towers shall be regulated exclusively by the provisions of the zoning district
where they are located...
W. Section 165-74C is amended to delete the entry for"ISD" in the table following the
subsection.
X. Section 165-78C is amended as indicated: "All off-street loading spaces shall be on the
same or adjacent lot�T'���'� �� '���r�with the principal buildin_ o� r lot served."
Y. Section 165-80B is amended as indicated: "The minimum lot area for any construction
requiring on-site waste disposal facilities and not served by a municipal sewer system shall
be subject to the requirements of 12 M.R.S.A. § 4807 et seq., as amended."
Z. Section 165-80.1C(5),regarding security fencing around a cellulartower and equipment
compound, is redesignated as Subsection D,and former Subsections D through I are
redesignated as Subsections E through J.
AA. Section 165-802F(2) is amended to change "Code Enforcement"to "Code Enforcement
Officer."
BB. Section 165-81A is amended as indicated: "The purpose ofthis section is to ensure
appropriate outdoor lighting by addressing the issues of safety, efficiency,the environment
and aesthetics."
CC. Section 165-86.1C is amended as indicated:
Manufacture, sale,distribution or trafficking in marijuana,narcotic drugs or scheduled
drugs, except marijuana manufactured, sold,distributed, or trafficked pursuant to�
. . . . ., . . . . ., . . . .
��e�. 28-B M.R.S.A. § 101 et seq., or 22 M.R.S.A. § 2421 et seq., and which is
also in compliance with the marijuana re�ulations ofthe Ban o._ r�C�itv ordinances.
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MAY 22, 2023
Marijuana manufacture, sa1e,distribution, or traffickin�that is not in compliance with
said laws and re�ulations is in violation of 17-A M.R.S.A. § 1101 et sec�
DD. Section 165-90D(5)(e)[7] is amended as indicated:
The restoration of the exterior of the building or any accessory buildings to meet the
requirements of the minimum property maintenance standards of � '
Chapter 223,Propertv Maintenance,Article I, ofthe Citv Code.
EE. Section 165-103.1D(1) is amended to read as follows:
(1) Any of the above uses with outdoor storage,provided the storage area shall be:
(a) Limited to 5%of the building gross floor area,but not to exceed 2,000 square
feet total.
(b) Screened from adjacent properties and the public street with a minimum C-2
buffer.
FF. Section 165-111.
(1) Subsection A(2)is amended to change § 165-80(3)(B)to § 165-802B.
(2) Subsection C(1)(c)[1] is amended to change "Zoning Board of Appeals"to "Board of
Appeals."
GG. Section 165-112.
(1) Subsection B(1)(c)[l l] is amended to change "Article I, § 165-1OF"to "Chapter 234,
Public Property, § 234-4."
(2) Subsection C(2)is amended as indicated: "A preapplication meeting is for review of
basic submission requirements for a projects applicable permitss and permitting
standards."
HH. Section 165-113G(2) is amended to change "temporary occupancy permit"to "temporary
certificate of occupancy."
IL Section 165-114.
(1) Subsection F(6)is amended to change "Maine Deparrtment of Conservation"to
"Maine Department of Agriculture, Conservation and Forestry."
(2) Subsection J(2)is amended to delete the reference to Chapter 374 of the Department
of Environmental Protection regulations.
JJ. Section 165-115F is amended to change "Institute of Traffic Engineers" to "Institute of
Transportation Engineers."
KK Section 165-118B is amended to change "occupancy permits"to "certificates of
occupancy."
LL. In § 165-119, Subsections F(2) and(4) and G are amended to change "construction permit"
to "land development permit."
MM. Sections 165-123A(1) and 165-140A are amended to change "Department of Human
Services"to "Department of Health and Human Services."
NN. Section 165-126F(6)is amended to change "subdivision part"to "subdivision plat."
00. Section 165-127.
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MAY 22, 2023
(1) Subsection B is amended to delete the reference to Chapter 374 of the Department of
Environmental Protection regulations.
(2) Subsection H is amended to change "Board of Environmental Protection" to
"Commissioner of the Department of Environmental Protection."
PP. Section 165-128A(3)(c)is amended as indicated: "The relation of the proposed subdivision
e€to the existing street system."
QQ. Section 165-135D(1) is amended as indicated: "There are €etr�five different types of buffer
yards which may be required under Article XIV, Buffer Yards A, B, C�a�D and E, as
defined by the illustrations which follow."
Chapter 170, Life Safety Code.
Section 170-1, lead-in paragraph,is amended to change "Life Safety Code, 2009 Edition" to "Life
Safety Code, 2018 Edition."
Chapter 194, Noise.
Article II, Vehicle Noise.
A. The table in § 194-9A is amended to update statutory references as follows:
(1) Airmobile: 12 M.R.S.A. § 13001, Subsection 2
(2) All terrain vehicle: 12 MR.S.A. § 13001, Subsection 3
(3) Snowmobile: 12 M.R.S.A. § 13001, Subsection 25
B. Section 194-10.
(1) Subsection A is amended to change "Airport Zone"to "Airport Development
District."
(2) Subsection D is amended to change 42 U.S.C. § 4916(2)to 42 U.S.C. § 4916(c)(2).
(3) Subsection G is amended as indicated:
Farming operations conducted in conformity with generally accepted agricultural
practices as . . . . , ,
provided in the Maine A�riculture Protection Act, 7 MR.S.A. § 151 et sec�.
Chapter 195, Non-Discrimination.
Article I, Non-discrimination Based on Sexual Orientation.
In § 195-2,the defined term "real estate broker and salesman" is changed to "real estate broker
and sales agent," and the definition is amended to read as follows:
"Real estate broker" and "real estate sales agent" have the same meanings as in 32
M.R.S.A. §§ 13198 and 13200, respectively,but include all persons meeting those
definitions,whether they are licensed or required to be licensed.
Chapter 197, Non-Stormwater Discharges.
Section 197-SB(1)is amended to change CFR 352005(20)to 40 CFR 35.2005(20).
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MAY 22, 2023
Chapter 202, Parades, Public Assemblies and Pickets.
Article I, Parades and Public Assemblies.
Section 202-13D is amended to change "Department of Public Services"to "Department of
Public Works."
Chapter 215, Police Regulations.
A. Section 215-9 is amended to change $50 to $100.
B. Section 215-1 lis amended as indicated: "... those areas which may from time to time be
designated by the City Council,by Council order, or bv the Director of Parks and Recreation
for snowmobile use."
Chapter 219, Precious Metals.
Section 219-2.
A. The lead-in paragraph is amended as indicated:
Every person, firm or corporation engaged in business as a dealer in old gold, silver and
precious metals in the City of Bangor shall make a written daily record, in duplicate, of
each transaction whereby any old gold, silver or precious metals are purchased or
otherwise acquired by such licensee. c..�,� ~ �~,a �,��„ ,a;��,���+,��~ ��+,��,;��~���
,
, ,
' . Such record sha11 contain the information required b�
state statute described in 30-A MR.S.A. § 3972(2), and anv amendments thereto,as well
as a description of each article sufficientiv accurate and complete to identifv it and the
consideration paid therefor. Before recordin�the information required bv this section and
30-A M.R.S.A. § 3972(2), a dealer shall require reasonable proof of the seller's identitv in
the form of a�overnment-issued identification card such as a motor vehicle operator's
license or military identification card. The records required under this section must be
kept for a period of one vear and maintained in order bv date of purchase. Upon request
bv a law enforcement officer or prosecutin�attorneY,a dealer shall promptl.�
available for inspection at the dealer's principal place of business the records required
underthis section and 30-A M.R.S.A. § 3972(2).
B. Subsection B is amended as indicated:
Every licensee hereunder shall retain possession of all articles of ek�gold, silver and
precious metals purchased or otherwise acquired for#�e a period of�r��-���'���� 15
days after the date of acquisition bv the dealer, except that a dealer who determines that
the precious metals are not listed in an electronic database desi�ned to catalo s._ t�olen
property may sell or alter the precious metal five business days after the date of filing the
record thereof in the office of the Chief of Police pursuant to Subsection A, during which
period said articles sha11 be subj ect to identification, inspection and valuation by the
Chief of Police or any officer of the Police Department and such persons as shall assist
said officers. Such licensee shall produce and identify any such article upon request of
the Chief of Police or any officer of the Police Department.
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MAY 22, 2023
Chapter 223, Property Maintenance.
Article I, General Provisions.
A. Section 223-2.
(1) Subsection F is amended to change "BOCA Property Maintenance Code/1996"to
"International Property Maintenance Code 2003."
(2) Subsection I is amended,in the te�t for Section PM-112.8,to change "in accordance
with Section PM-112.8"to "in accordance with Section PM-112.7."
Article II, Vacant Buildings.
B. Section 223-9.
(1) Subsection B is amended to change "the maintenance safety requirements of this
subsection" to "the maintenance standards of§ 223-11 of this article."
(2) Subsection D(4)is amended to change "Code Enforcement Department"to "Code
Enforcement Division."
(3) Subsection E is amended as indicated:
A fee e€�9 as prescribed in the Schedule of Fees adopted pursuant to Chapter
109, Fees, of this Code or the cost of all materials, stafftime, and other expenses
of the City related to administering and enforcing this article,whichever is
greater, shall be charged for a vacant building registration permit or interim
permit.
C. Section 223-10A is amended as indicated:
The Code Enforcement Division may bring on the inspection such other government
officials as it deems prudent to ensure compliance with standards and the safety of the
building �r�+,�� r�,a� �r�r��,..�r+T';-,;�;�r including but not limited to police and fire
officials.
Chapter 228, Public Morals.
Article I, General Provisions.
A. In § 228-2,the definition of"knowingly" is repealed.
Article II, Prohibiting Certain Commercial Displays of Nudity and Sexual Conduct.
B. In § 228-5,the definition of"licensed movie theater" is amended to change "currently
processing"to "currently possessing."
C. Section 228-7C is added to read: "Nude entertainment in a commercial establishment
authorized under Article IV of this chapter shall not constitute a violation of this article."
Article IV, Regulating Commercial Displays of Nudity.
D. Section 228-14D(2) is amended to change "Urban Industrial District" to "Urban Industry
District."
E. Section 228-15A(2)is amended as indicated:
Any record or information so obtained, and any subsequent information developed
therefrom, is declared to be "intelligence and investigative record information" under 16
Sch. A- 17
AS AMENDED
23-154
MAY 22, 2023
M.R.S.A. � ti� �, c„i.^o^+;^r 4 § g03, Subsection 7,the r,-;,,.;r.,i u;�+,,,-. no,.,,,-,a
Tr���*;�r c*��,*� Intelli�ence and Investi�ative Record Information Act,which, if
publicly disclosed,would endanger the life or safety of the individuals named therein.
Chapter 231, Public Parks.
A. Section 231-4A is amended to change "manner"to "matter."
B. Section 231-5.
(1) Subsection E(1)(b)is amended as indicated:
Leave a vehicle standing or parked at night within any park after 10:00 p.m. Eastern
standard time or dayli�ht savin�time, as may be then in effect.
(2) Subsection E(3)(d)is amended to change the cross reference from § 291-45C and D
to § 291-43D.
Chapter 234, Public Property.
Former § 234-4, Shadetrees, is repealed.
Chapter 247, Secondhand Dealers.
A. Section 247-2B is amended as indicated:
The annual fee for a secondhand dealer's license shall be as � prescribed
in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code;provided,
however,that in the case of a sale of secondhand articles at a single location and with
more than one participant,the sponsor of such sale shall obtain one license as required by
this chapter. In addition,each participant in said sale shall obtain a nontransferable permit
at a fee^�Q� „�r+�'�'�as set in the Schedule of Fees to be issued by the City Clerk for a
duration of not more than three consecutive days.
B. Section 247-5 is amended as indicated:
Any person who shall in any manner violate any of the provisions of this chapter or
violate any conditions of any license or permit granted under the provisions hereof shall,
on conviction thereof,be punished by a fine of not less than $50 and not more than$100.
Each day on which such violation continues shall constitute a separate offense.
Chapter 252, Sewers and Drains.
A. Section 252-1A is amended to change "public owned treatment works"to "publicly owned
treatment works."
B. Section 252-3B, definition of"pretreatment program coordinator," is amended to change
"Superintendent"to "Director of Water Quality Management."
C. Section 252-7I is amended to change "Engineering Office"to "Engineering Department."
D. Section 252-9.
(1) Subsection C(3)(b)is amended to correct 38 M.R.S.A. § 359 to 38 MR.S.A. § 349.
(2) Subsection F(1)(c)[3] is amended as indicated: "The industrial user must also be in
compliance with § 252-23C regarding the prohibition of bypass."
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MAY 22, 2023
E. Section 252-16.
(1) Subsections A and D are amended to change "State of Maine Plumbing Code, Part II,
Subsurface Wastewater Disposal Regulations"to "10-144 CMR Ch. 241, Maine
Subsurface Waste Water Disposal Rules."
(2) Subsection B is amended to change "Maine Department of Human Services, Division
of Health Engineering"to "Maine Department of Health and Human Services."
(3) Subsection D is amended to change "Department of Human Services"to "Department
of Health and Human Services."
F. Section 252-25L(2) is amended to change "Sewer Treatment Supervisor"to "Director of
Water Quality Management."
G. In § 252-26, Subsections B(1) and D(1) are amended to change "Engineering Division"to
"Engineering Department."
Chapter 257, Sidewalks.
A. Section 257-2E is amended to change "Director of Operations and Maintenance"to "Public
Works Director."
B. Section 257-3 is amended as indicated:
Any person who willfully,wittingly or carelessly injures, defaces or makes any alteration
in any sidewalk or sets any post,tree or tree alteration in any sidewalk or sets any post,
tree or tree alteration in any part of the streets of the City without the consent of the City
Council, � , ,
shall forfeit and pay a sum not
less than$50 for each and every day that'�� �r�'�� �'��" ��r��'��+the violation
continues.
C. In § 257-4, Subsections A and E are amended to change "permit"to "license."
D. Section 257-6.
(1) Subsection F(3)(a)[2] is amended to change "Downtown Coordinator"to "Chief
Code Enforcement Officer" and to change "Economic and Community Development
Officer"to "Director of Community and Economic Development."
(2) Subsection H(3)is amended as indicated: "Failure to follow such rules may result in
a permit not being granted or an existing�ermit bein�suspended or revoked."
(3) Subsection I(2)is amended to change "appraise the applicant"to "apprise the
applicant."
Chapter 260, Signs.
Article II, On-Premises Signs.
A. Section 260-6A is amended as indicated: "No more than 20%of any window may be covered
by window signs, except as provided in Chapter 71 of this Code for window si�ns in the
Ban�or Center Revitalization Area."
B. Section 260-9G is amended as indicated:
Any sign confiscated pursuant to this authority shall be returned upon payment to the
City of a fee e�$��as prescribed in the Schedule of Fees adopted pursuant to Chapter
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MAY 22, 2023
109, Fees, of this Code,provided that all other provisions of this section are complied
with prior to return of the sign.
Article III, Off-Premises Signs.
C. Section 260-11C(4)is amended as indicated:
The bottom of the sign face must stand at least six feet from the normal ground elevation
where, in the opinion of the City Engineer,the view from a stopped car at the intersection
of a driveway or road would be obstructed or the si�n would constitute a traffic hazard.
Chapter 265, Solid Waste.
A. Section 265-1C,the definition of"unacceptable solid waste" is amended as follows:
(1) In the lead-in paragraph,to change "Items under this section"to "The following
items."
(2) In Subsection(5), as indicated: "Dead animals or portions thereof�."
B. Section 265-1G is amended as indicated:
It shall be the responsibility of the commercial hauler to ensure that the City of Bangor is
given credit by the Coastal Facility for all acceptable waste collected within the City of
Bangor and delivered to the Coastal Facility by��said hauler.
C. Section 265-SA(6)is amended as indicated: "No person shall deposit any unacceptable yard
debris as defined herein�e at the Public Works Department."
Chapter 268, Stormwater.
Article I, Maintenance.
A. Section 268-3, definition of"enforcement authority" is amended to change "Water Quality
Department" to "Water Quality Management Department."
Article II, Stormwater Utility.
B. Sections 268-11F and 268-13A are amended to change "City's Engineering, Public Works,
Sewer, and other divisions"to "City's Engineering,Water Quality Management, and Public
Works Departments."
C. In § 268-13, Subsections A and C are amended to change "Director of Public Services"to
"City Engineer."
D. Section 268-18B(3) is amended as indicated: "A rate payer may appeal the decision of the
T';r��+�r�r'�;� �'��;�r�� City Manager ortheir designee to the Infrastructure Committee of
the City Council within 30 days of the date of the decision."
Chapter 271, Streets.
Article I, Official Map.
A. Section 271-9D(5) is amended to change 23 M.R.S.A. § 3026 to 23 M.R.S.A. § 3026-A.
Article V, Street Numbers.
B. Section 271-21 is amended to change "The number of Main Street"to "The numbering of
Main Street."
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C. Section 271-26 is amended to change "at least 1 '/2 inches in height"to "at least three inches
in height."
Article VII, Street Openings and Utility Connections.
D. Section 271-32C(1)is amended to read as follows: "The amount to be paid for a street
opening/utility connection permit will be based upon the Schedule of Fees adopted pursuant
to Chapter 109,Fees, of this Code."
E. Section 271-36B(1)is amended as indicated:
Any person, firm or corporation who or which shall dig or make an excavation in any
portion of the public way or make connection to a public sewer or storm drain without
first obtaining a permit shall be required to pay an after the fact permit fee e�$4��as
prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
Chapter 274, Synthetic Drugs.
Section 274-2, definition of"synthetic chemical or synthetic chemical compound," is amended as
indicated:
Any chemical or chemical compound whose molecular makeup is similar to those
substances listed as ��N+r�„��' �..'��+�N��� Schedule W dru�s in 17-A M.R.S.A. �-�&�
,
c..'��';-,;�;�r ,� ^ � 1102, Subdivision 1P
, , , ,
, , , or to those substances listed in 17-
A M.R.S.A. § 1102, ���'��'�������r ^�' Subdivision 4G and whose intended use,when
introduced into the human body, is to mimic or simulate the effects of a controlled
substance.
Chapter 278, Taxicabs and Livery Vehicles.
A. Section 278-7A is amended as indicated:
If a person has not previously held a City of Bangor ta�cab or livery driver's license or if
a person is renewing an e�sting license after the 15th of the month in which such license
shall expire,the nonrefundable new/late licensing fee shall be as set forth in Chapter 109
of this Code. Any person renewing an e�sting taxicab or livery driver's license between
the first and 15th of the month in which such license shall expire sha11 be charged a
nonrefundable renewal fee as set forth in Chapter 109 ofthis Code. ^" +������'� �r'���n�
�
B. Section 278-8B is amended to change "identity light"to "identifying light" in the third
sentence.
Chapter 284, Trees.
Article III, Public Tree Program.
Section 284-17A is amended to change "inure to the benefit of the town"to "inure to the benefit
of the City."
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Chapter 291, Vehicles and Traffic.
Article I, General Provisions.
A. Section 291-1A, definition of"holidays," is amended to read as follows:
Thanksgiving Day;New Year's Day, January 1; Martin Luther King, Jr., Day,the third
Monday in January;Washington's Birthday,the third Monday in February; Patriots Day,
the third Monday in April;Memorial Day,the last Monday in May,but if the federal
government designates May 30 as the date for observance of Memorial Day,the 30th of
May; Juneteenth, June 19;the Fourth of July; Labor Day,the first Monday of September;
Indigenous Peoples Day,the second Monday in October;Veterans Day,November 11;
and Christmas Day.
B. Section 291-2 is amended as indicated:
Except where another penaltv is prescribed,whoever violates any provision of this
chapter shall forfeit and pay a sum not less than�$25 nor more than�$500,and each
day on which such violations continue shall constitute a separate offense.
Article II, Vehicle Turning and Traffic Movement.
C. Section 291-31 is amended as indicated:
On those streets and„��*��r� ���*r��*� �'���r;'���' �r�' � ��;���"��'��T,in areas desi_n� ated
with posted si�ns,no horse trailer,livestock trailer or other towed or trailer vehicle shall
be allowed to pass over said streets and areas at any time of the day or night.
Article III, Parking.
D. Section 291-42.
(1) Subsection A is amended to change "Eastern daylighttime"to "Eastern daylight
saving time."
(2) Subsection B(1)(a)is amended to change "Downtown Public Management District"
to "Downtown Parking Management District."
Article VIII, Cruising.
E. Section 291-68A is amended as indicated:
Any publicly owned vehicle of any C�municipal,county, state or federal�=
governmental unit,while the vehicle is being operated for the official purposes of the
governmental unit;"
Chapter 295, Victualers.
Section 295-1 is amended to change "Fire Prevention Office"to "City Fire Inspectors."
Chapter 302, Yard Sales.
A. Section 302-2A is amended as indicated:
A permit may be obtained by submitting a completed application to the Code
Enforcement Officer upon forms provided for such purposes,together with a fee as s€�
, , , � , prescribed
in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
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B. Section 302-6 is amended as indicated:
Any person, firm or corporation conducting any sale regulated under this chapter without
obtaining a permit as required bv § 302-2 or who or
which shall violate any of the terms of this chapter shall,upon conviction,be fined not
less than$25 nor more#�than $100. Each day of violation shall constitute a separate
offense for purposes of prosecution of violations of this chapter.
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City of Bangor
Code Adoption Ordinance
Schedule A
Specific Revisions at Time of Adoption of Code
Chapter 9, City Council.
Article II, Meetings.
A. Section 9-20 is amended to change "Article II, Section 6" to "Article II, Section 5."
Article III, Ordinances.
B. Section 9-25 is amended as indicated:
NE) or-dina-nee and ne appr- lve shall be passed tm6l it has been read en twe
sepafate days, eyieept whet. —I—ement E)f a reading en twe sepafate days has bee
dispensed with by a twe t..*.ds , -1, of the member-s E)f the City Catmeil. The yeas an
nays shall be taken upen the passage E)f all or-dinanees and entered E)fi the fee0r-d Of the
pr-eeeedings E)f the City Couneil by the Cler-k. The yeas and nays shall be taken en the
passage F.,,,., order -or- r-eselve w;L,on e lledf - bya-fly member- f the City CE),,,l,.;1
Every or-dinanee shall r-equir-e en final Passage the affiffflatiVe VE)te Of a MajOr-ity Of the
umber-s E)fthe City ratm ;'. The procedure for enactment of ordinances, orders and
resolves shall be as provided in the Article II, Section 7, of the City Charter.
C. Section 9-26B is amended as indicated:
The maximum penalty for violation of any ordinances of the City of Bangor shall be
$2,500; provided, however, that when it can be shown that there has been a previous
conviction of the same party within the last two years for a violation of the same
ordinance, the maximum penalty may exceed $2,500 but shall not exceed $25,000.
Chapter 14, City Elections.
Article I, Voting Districts and Precincts.
A. Section 14-1 is amended as indicated:
For purposes of all municipal elections, the City of Bangor shall be ,a;vide,a into consist
of one voting district, also known as "ward." The boundaries of such district encompass
the four districts established by virtue of 21 n r r v c n § 1204 L. 2021, c. 490 (as it
may be amended from time to time) for the election of members of the State of Maine
House of Representatives from the City of Bangor, as ,t may be amended fte time t
time.
Article II, Registrar of Voters and Registration Appeals Board
B. Section 14-6A is amended to update the reference to the City Charter from Article V, Section
2(a), to Article VII, Section I(a).
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Chapter 23, Boards, Committees and Commissions.
Article II, Planning Board.
A. Section 23-6 is amended to change "each elected member" to "each appointed member."
B. Section 23-8 is amended as indicated:
The Planning Board shall have full power and authority to make such investigations,
maps and reports, and recommendations in connection therewith, relating to the planning
and development of the municipality as seem desirable to it; provided, however, that the
total expenditures for such purposes shall not exceed the appropriation therefor, together
with such gifts as may be placed at the disposal of the Catmeil thereof Planning Board.
C. Section 23-11, lead-in paragraph, is amended as indicated:
Such Comprehensive Plan shall show existing and desirable streets, highways, street
grades, bridges and tunnels, viaducts, public places, parks, parkways, playgrounds,
roadways in streets and parks, sites for public buildings and structures, use and building
zones, 14 -ba - C mmissione-s'';ros waterways, routes of railroads and buses, locations
of sewers, water conduits and other public utilities and other planning features.
Article III, Commission on Cultural Development.
D. Section 23-17 is amended to change "Chairperson" to "Chair."
Article IV, Penjajawoc Marsh/Bangor Mall Management Commission.
E. Section 23-24C is amended to change "Director of Infrastructure and Development Support"
to "City Engineer."
F. Section 23-28 is amended to change "Chairperson and a Vice -Chairperson" to "Chair and a
Vice Chair."
Article V, Downtown Parking Advisory Committee.
G. Section 23-36 is amended to change "Downtown Parking Management Area" to "Downtown
Parking Management District."
Article VI, Advisory Committee on Racial Equity, Inclusion, and Human Rights.
H. Section 23-42 is amended to change "Chairperson" to "Chair."
Chapter 28, City Departments.
Article II, Airport Department.
A. Section 28-5 is amended to change "Airport Manager" to "Airport Director."
Article VI, Executive Department.
B. Section 28-21, lead-in paragraph, is amended to change "Article V, Section 1(a) of the City
Charter" to "Article VII, Section 1(a), of the City Charter."
Article XIII, Public Health and Community Services Department.
C. Sections 28-56 and 28-58A are amended to change "Bangor Region Public Health and
Wellness Division" to "Bangor Public Health and Wellness Division."
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D. Section 28-58B is amended as indicated: "There is hereby authorized and established the
position of Health Officer, whose r-espensibility shall i,.hide the sapefvisian E) f the Publ e
Heath, rr,fsi Di ilia appointed for a term of three."
E. Former § 28-58C, Public Health Advisory Board established, is repealed.
Article XV, Records Department.
F. Section 28-67E is amended as indicated: "Each request or inquiry requiring a search of the
vital records shall be accompanied by an administrative fee ef--P as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code."
Article XVII, Emergency Management Agency.
G. Section 28-77A is amended to change "Director of Infrastructure and Development" to "City
Engineer."
H. Section 28-80A is amended to change "National Emergency Management System (NIMS)" to
"National Incident Management System (NIMS)."
I. Section 28-82 is amended to change "Workmen's Compensation Act" to "Workers'
Compensation Act."
Chapter 33, Code of Ethics.
Article II, Standards of Conduct.
A. Section 33-9.1.
(1) Former Subsections C(2)(k), Parking Administrator, C(2)(s), Director of Public
Services, and C(2)(t), Director of Business and Economic Development, are repealed.
(2) Subsection C(2)(m) is amended to change "Purchasing Officer" to "Purchasing
Agent."
(3) Subsection C(2)(o) is amended to change "Housing Coordinator" to "Director of
Public Health and Community Services."
(4) Subsection C(2)(u) is added to read "Director of Parks and Recreation."
(5) Subsection C(2)(v) is added to read "Director of Public Works."
B. Section 33-IOC is amended as indicated: "No board or commission member shall appear on
behalf of any third -party interest before a City agency of which he or she is a current
member."
Chapter 45, Funds.
Article I, Hersey Fund.
A. Section 45-2 is amended to change "Section 14 of Article V" to "Article VII, Section 12."
Article II, School Funds.
B. Section 45-9C is amended as indicated:
No member of the City Council shall be eligible to the office of a member of this Board,
and the election to the City Council of any member of the Trustees shall create a vacancy
in said Board, and any vacancy arising in said Board shall, for the unexpired term, be
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filled i the manner- above presented by the City Couneil as provided in Article VII,
Section 11, of the City Charter.
C. Section 45-9E is amended to change "Section 13, Article V, of the City Charter" to "Article
VII, Section 11, of the City Charter."
Chapter 54, Airport Rules.
Article III, Vehicular Operations.
A. Section 54-14C is amended as indicated:
No person shall park a vehicle within any vehicular parking and storage area except upon
the payment of such parking tariff or charge as may from time to time be prescribed by
the e rf. aet E)f the P. , ki ^ „t ,,,-;f., contracted parking management company.
Article V, Aircraft Operations.
B. Section 54-23.
(1) Subsection B is amended as indicated: "No air carrier or supplemental shall practice
aircraft landing or takeoff at the airport without permission Operations at the airport
shall be per FAA regulations."
(2) Subsection K is amended as indicated:
No aircraft shall be taxied at the airport unless a eer-fified pilot certified to operate
that particular type of aircraft or a certified ^ E meek.,„, . A&P mechanic or
qualified aviation maintenance technician properly qualified to taxi that
particular type of aircraft shall be attending the controls.
(3) Subsection Q is amended to change "A&E mechanic" to "A&P mechanic or qualified
aviation maintenance technician."
Article VI, Safety and Fire Prevention.
C. The following sections are amended to change "Fire Prevention Officer" to "Fire Chief':
§§ 54-29B, 54-30C and E, 54-31A, 54-32I, 54-33B and E.
D. The following sections are amended to change "National Board of Fire Underwriters" to
"American Insurance Association": §§ 54-29C, 54-30L, 54-3113, and 54-32I.
E. Section 54-30E is amended to change "premises designed for such use" to "premises
designated for such use."
F. Section 54-34D.
(1) The lead-in paragraph is amended as indicated:
Any person accused of a parking violation at the Bangor International Airport
may voluntarily waive his or her right to appear and defend before any court the
charge made against him or her for such illegal parking by paying to the
municipality the sum shown in Subseetiors rv,) t -,,,,g (5) fthis see r
291-43A of this Code within 30 days following the date such alleged offense
was committed.
(2) Subsection D(4) is amended as indicated:
The waiver fee for any person accused of a violation relating to h
pafking shall be $100 if paid within 30 days E)f the alleged eff-ense and $200
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thereafter-. For- any seeandor- subsequent violation by the same per-sonwithin
soi tb, period, the waiver- fee shall be $250 if paid within 30 days aft o
allege'' eff n disability parking shall be $200 if paid within 30 days of the
alleged offense and $400 thereafter. For any second or subsequent violation by
the same person within a six-month period, the waiver fee shall be $500. For any
person accused of a violation relating to disability parkin who ho rihg tfully
possessed a disability plate or placard at the time of the violation but failed to
display said plate or placard, the waiver fee shall instead be $25 if paid within 30
days of the alleged offense and $50 thereafter.
G. Section 54-35 is amended to update Chapter 291, § 291-46, Subsections C and D to § 291-
43D, Impoundment.
Chapter 58, Alarm Systems.
Article I, Burglar and Emergency Alarm Systems.
A. Section 58-413 is amended to change 16 M.R.S.A. § § 611 through 622 to 16 M.R.S.A. § 801
et seq.
B. Section 58-6A is amended to read as follows:
The fees pertaining to all police responses to alarms received within each calendar year,
January 1 through December 31, shall be as prescribed in the Schedule of Fees adopted
pursuant to Chapter 109, Fees, of this Code.
Article II, Fire Alarms.
C. Section 58-10A is amended to read as follows:
If any person shall willfully or maliciously give or cause to be given a false alarm of fire
by activating an alarm system, he or she shall be punished by a fine of not less than $100
and shall reimburse all costs incurred by the city in responding to such false alarm. This
fine is in addition to the response fee imposed by § 58-1013(1).
D. Section 58-1013(1) is amended to read as follows:
Fees pertaining to all Fire Department responses to alarms where no fire emergency
exists received within each calendar year, January 1 through December 31, shall be as
prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
E. In § 58-11.2, the definition of "wooden truss" is amended to change "arranged in a single
plan" to "arranged in a single plane."
Chapter 61, Alcohol and Entertainment.
Article I, Bottle Clubs.
A. Section 61-3 is amended as indicated: "The annual license fee for a bottle club shall be $2-00
as prescribed in the Schedule of Fees adopted pursuant to Chanter 109. Fees. of this Code."
B. Section 61-10 is amended as indicated:
N per-sen rde- the age f20 yeafs shall be per-mit4ed ; any beale el„b. A bottle club
may not allow a minor not employed by the bottle club or not accompanied by the
minor's parent, guardian or custodian, as defined in 22 M.R.S.A. § 4002, to remain on the
bottle club premises, except on occasions when liquor is prohibited on the bottle club
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remises. A bottle club may emnlov minors onlv if an emnlovee of leval drinking age or
older is present in a supervisory capacit3L
Article II, Special Amusement Permits.
C. Section 61-18 is amended to read as follows:
The permit fee for a special amusement permit shall be as prescribed in the Schedule of
Fees adopted pursuant to Chapter 109, Fees, of this Code, plus the cost of advertising for
a public hearing under § 61-19 below.
Article III, B.Y.O.B. Function Permits; Off -Premises Catering Licenses.
D. Section 61-27 is amended as indicated: "The license fee shall be $2-5 as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code."
E. Section 61-28 is amended to change "off -catering function" and "off -catering license" to "off -
premises catering function" and "off -premises catering license," respectively, and to add the
following sentence to the end thereof. "The fee for an off -premises catering license shall be
as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code."
Article IV, Alcohol Server Training Requirements.
F. Section 61-29 is amended to change "State Bureau of Liquor Enforcement" to "Division of
Liquor Licensing and Enforcement."
Chapter 65, Animals.
Article I, Animal Control.
A. Section 65-5A(2) is amended as indicated:
Notwithstanding the provisions of Subsection A(1) of this section, sled dogs covered by a
valid sled den r mit issued t rdor § 65 15 fthis Code kennel license issued under § 65-
15 of this chapter may be confined in an open-air enclosure ...
B. Section 65-51) is added to read: "This section does not apply to dogs engaged in herding
livestock or to agricultural guard dogs engaged in protecting livestock or warning the owners
of danger to the livestock."
C. Section 65-6A is amended as indicated:
It shall be the duty of such owner or keeper, upon receiving notice of the character
aforesaid, to immediately place such dog under confinement for a period of at least 4-4 10
days t deliver- stteh deg t the City Animal Shelte The D -eeta - f Publiie Health a a
«'e'�s Bangor Animal Control Officer shall be notified immediately by the person in
charge of the death of any dog while under confinement.
Article IV, Kennels.
D. Section 65-14C is amended to change "improved" to "approved" at the end of the first
sentence.
E. Section 65-15B is amended to change "Treasury Department" to "Treasury Division of the
Records Department" and to change "Sewer Department" to "Water Quality Management
Department."
F. Section 65-16E(1) is amended to change "State Animal Welfare Department" to "State
Animal Welfare Program."
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G. Section 65-17B is amended to change "permit" to "license."
Chapter 71, Bangor Center Revitalization Area.
Article II, Administration and Enforcement.
A. Section 71-12.
(1) Subsection B, lead-in paragraph, is amended as indicated:
Notwithstanding §§ 71-8 and 71-9 above, minor alterations or revisions to work
fer which the Design Committee has approved may be permitted by the Code
Enforcement Officer, Planning Officer, and Design Committee Chair without
referral to the Design Committee subject to the following conditions:
(2) Subsection B(1) is amended as indicated:
Submission of an application to the Staff Coordinator, setting forth the proposed
revision in sufficient detail to permit adequate review of the same. The format
and number of copies of the application submitted shall be as set by the Staff
Coordinator.-; and
(3) Subsection 13(2) is amended as indicated:
ion,, Determination by the Code Enforcement Officer, Planning Officer and
Chair of the Design Committee (or, in his or her absence, the Vice Chair or, in
both their absences, the senior member of the Committee in time of service) that
the proposed change constitutes a minor alteration or revision and does not
require Committee approval.
B. Section 71-13E is amended as indicated:
If the Code Enforcement Officer, or thi& his/her designee, or the Planning Officer, or
his/her designee, determines that the proposed alteration is either not minor in
scope, or not appropriate, or both, the application shall not be approved.
Article III, Property Rehabilitation Standards.
C. Section 71-22, lead-in paragraph, is amended to change "§ 231-8, Public Parks," to "§ 231-8
of Chapter 231, Public Parks."
Chapter 76, Blasting.
Section 76-7 is amended to read as follows: "The applicant for a blasting permit shall pay to the
City a permit fee as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of
this Code."
Chapter 81, Building Code.
Article I, Adoption of Standards.
A. Section 81-1 is amended to change "is hereby adopt" to "is hereby adopted."
Article II, Emergency Service Systems.
B. Section 81-3G(5)(a) is amended to change "mute(s) of access" to "route(s) of access."
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Chapter 85, Business Licenses.
A. Section 85-313 is amended to change "sufficient to appraise the applicant" to "sufficient to
apprise the applicant."
B. Section 85-413 is amended to read as follows: "The fees to be charged for such licenses and
permits shall be as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees,
of this Code."
C. Section 854C is amended as indicated:
The above fees shall be increased annually on July 1 of each year beginning i by a
percentage equal to the percentage increase in the Federal Consumer Price Index - Urban
(CPI-U) for the immediately preceding calendar year. Fees shall be rounded up to the
next highest $1.
D. Section 85-513 is amended as indicated:
A license or permit application shall not be denied under Subsection A(3) above where
the applicant is a business with respect to which collection actions have been stayed or
the underlying debt has been discharged by order of the United States Bankruptcy Court
or where the underlying debt is the subject of an authorized, current workout agreement
executed by the applicant and the City Finance Director or City Tax Collector
or City Clerk. Workout agreements for this purpose must provide for payment in full of
the underlying debt and all interest and other charges accruing thereon within 18 months
or less from the agreement date. On request, the City Fin ree D -e f Tax Collector
shall certify the existence and current status of any such workout agreement to the
applicant and to the City Clerk. Except in bankruptcy cases, any license or permit issued
on the basis of a workout agreement shall be revoked by the City Clerk upon certification
by the City Fina ee D -e f Tax Collector that the license or permit holder has failed to
meet its obligations under the workout agreement concerned.
Chapter 95, Cultural Development.
A. Section 95-4 is amended to change "Business and Economic Development Officer" to
"Director of Community and Economic Development," and to change "Planning, and Public
Services" to "Public Health and Community Services."
Chapter 99, Disruptive Property.
In § 99-4, the definition of "disruptive activities," Subsection D is amended as indicated:
"Altercations occurring on the property, such as fighting, disruptive conduct, brawling or similar
activities, excluding incidents involving domestic violence;"
Chapter 102, Electrical Code.
Section 102-3.
A. Subsection D is amended to change "City of Bangor Electrical Division" to "City of Bangor
Electrical Inspector."
B. Subsections D and E are amended to change "Fire and Public Services Departments" to "Fire
Department."
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Chapter 113, Firearms and Fireworks.
Section 113-313 is amended to change 'valid huntering license" to 'valid hunting license."
Chapter 116, Fire Prevention.
Section 116-41) is amended as indicated: "Outdoor burning is allowed only if winds are not
greater than 10 miles per hour and the State Forest r iyisia Maine Forest Service has classified
the fire danger at a Class One or Class Two."
Chapter 120, Floodplain Management.
A. Section 1204A is amended as indicated:
The Code Enforcement Division shall collect a nonrefundable application fee ef50
made payable to the City of Bangor as prescribed in the Schedule of Fees adopted
pursuant to Chapter 109, Fees, of this Code, and a copy of a receipt for the same shall
accompany the application.
B. Section 120-9F is amended to change "Chairperson" to "Chair."
Chapter 124, Food Establishments.
A. Section 124-2A is amended to read as follows:
In accordance with 30-A M.R.S.A. § 3003, the State of Maine Food Code 2013, adopted
by the State of Maine Department of Health and Human Services and the Maine
Department of Agriculture, Conservation and Forestry, in accordance with 22 M.R.S.A.
§ 2491 et seq., is hereby adopted and incorporated in its entirety as if fully set forth
herein.
B. Section 124-3.
(1) The lead-in paragraph is amended to change "State of Maine Food Code 2001" to
"State of Maine Food Code 2013."
(2) Subsection A is amended to change "Section 1-201.10(B)(70" to "Section 1-
201.10(B)(93)."
(3) Subsection B is amended, in the entry for 8-302.21 under "8-302 Issuance of
licenses," to change "Department of Human Services (Division of Health
Engineering)" to "Department of Health and Human Services."
Chapter 127, Fuel Gas.
A. Section 127-1 is amended to remove "in accordance with 32 M.R.S.A. § 14801 et seq." from
the end thereof.
B. Section 127-2 is amended to update the following:
(1) NFPA 30 to the 2008 edition.
(2) NFPA 52 to the 2010 edition.
(3) NFPA 54 to the 2012 edition.
(4) NFPA 58 to the 2011 edition.
(5) NFPA 59 to the 2012 edition.
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MAY 22, 2023
(6) NFPA 59A to the 2009 edition.
(7) The references to NFPA 501, 2003 edition and NFP 501A, 2003 edition are deleted.
C. Section 127-6 is amended to change "Propane and Natural Gas Board" to "Fuel Board."
Chapter 128, Furnaces, Fuel Storage Tanks and Solid Fuel Stoves.
Article I, Furnaces and Fuel Storage Tanks.
A. Section 128-1 is amended to update 32 M.R.S.A. § 2311 et seq. to 32 M.R.S.A. § 18101 et
seq.
B. Section 128-2 is amended as indicated:
The fee for such permit shall be established tnAer- Chapter- '�eehafli^a' �-
2D as prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this
Code and shall cover the cost of the inspection hereinafter required.
C. Section 128-5 is amended to update "Oil and Solid Fuel Board" to "Fuel Board."
Article II, Solid Fuel Stoves.
D. Section 128-10 is amended as indicated:
The application for a solid fuel stove permit shall be submitted in such form as the
Division may prescribe and shall be accompanied by a fee of-$5 as prescribed in the
Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code for each solid fuel
stove installed.
Chapter 134, General Assistance Program.
A. Section 134-IH is amended to change "submitted to the Commission for comment and filing"
to "submitted to the Commissioner for comment and filing."
B. In § 134-2, the definition of "just cause," Subsection H is amended to change 'Bureau of
Employment Security" to "Department of Labor."
C. Section 134-4C(3) is amended to change "changes in statutes" to "changes in status."
D. Section 134-26G(4) is amended to change "authorizes the social security" to "authorizes the
Social Security Administration," and to revise the last sentence as indicated:
Any general assistance applicant who has applied or who may be applying for SSI er who
refuses to sign such an authorization will be found ineligible for general assistance until
he/she provides the required signature.
E. Section 134-29E is amended as indicated:
All appeals under these guidelines shall be heard by the fair hearing authority, who shall
consist of the Assistant City Manager, the Finance Director, and the n
Community Development Di-eeta,- Community and Economic Development Director.
The City Manager and the Housing Rehabilitation Specialist shall serve as the first an
seem alternate members of the fair hearing authority, ly. A majority of the
members of said eemm iee fair hearing authoritX shall constitute a quorum for the
transaction of business, but a smaller number may adjourn a meeting from one time to
another.
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Chapter 140, Harbor and Waterways.
Article I, Harbor Rules and Regulations.
Section 140-5 is amended in the lead-in paragraph to change "Director of Public Services" to
"Director of Parks and Recreation."
Chapter 148, Historic Preservation.
Section 1484B is amended as indicated:
Written notice of the public hearingon n the proposal shall be given to the applicant,
owners of all property abutting or to be included within the proposed designation and all
other persons found by the Commission to have a special interest in the proposal.
Chapter 165, Land Development.
A. The title of Part 1 is revised from "Legal Provisions, Organizations and Administration" to
"Purpose, Applicability, Administration and Enforcement."
B. Section 165-8.
(1) Subsection A(2)(c) is added to read "Solar Array Overlay Zone."
(2) Subsection B is amended, in part, as indicated:
For the purposes of this chapter, the boundaries of all districts in the City of
Bangor are hereby established as shown on the Zoning Map of the City of
Bangor, dated October 28, 1991, as amended, consisting originally of 146 pages
of tax maps...
C. Sections 165-9B(l) and 165-112C(6) are amended to change "Planning Director" to
"Planning Officer."
D. Section 165-9E is amended to change "occupancy permit" to "certificate of occupancy."
E. Sections 165-1OB(2), 165-32A(l)(c), 165-70.2E, and 165-108.2C(2) are amended to
change "Planning Office" to "Planning Division."
F. Section 165-11.
(1) Subsections B and C(l) are amended as indicated: "To The Board of Appeals shall
hear and decide upon appeal requests for variance..."
(2) Subsection D(l) is amended as indicated:
For the purpose of this subsection, a disability has the same meaning as a
physical or mental''., disability under Title 5 § 4553 5 M.R.S.A. § 4553-
A, and the term "structures necessary for access to or egress from the dwelling" is
defined to include railing, wall or roof systems necessary for the safety or
effectiveness of the structure.
(3) Subsection E is amended to correct "43 U.S.C. § 3601 et seq." to "42 U.S.C. § 3601
et seq."
G. Section 165-13.
(1) The definition of "accessory use or structure" is amended to read: "See 'structure,
accessory' and'use, accessory."'
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(2) The definition of "group home" is amended as indicated: "See'community living
€aeility arran eg ment."'
(3) The definition of "manufactured housing," Subsection B(5), is amended to change
"BOCA Basic/National Building Code" to "Maine Uniform Building and Energy
Code."
(4) The definitions of "medical marijuana caregiver store" and "medical marijuana
cultivation facility," Subsection B, are amended to delete the reference to "registered
primary caregiver."
H. Section 165-16A is amended as indicated: "All such expansions of a nonconforming use are
subject to review and approval by the Planning Board under Article XVI to ensure the
expansion of the nonconforming use does not increase any adverse impact on adjacent
properties."
I. Section 165-22G is amended to change "major street" to "major arterial street."
Section 165-27B(3) is amended to change § 260-5I to § 260-15.
K. Section 165-29.1.
(1) Subsection F is amended to change "American Wind Energy Association" to
"American Clean Power Association."
(2) Subsection G is amended to change "International Building Code" to "Maine
Uniform Building and Energy Code."
L. Section 165-31D(2) is amended to change "General Commercial Service District" to
"General Commercial and Service District."
M. Section 165-31.1B is amended to change "the district in which they lay" to "the district in
which they lie."
N. Section 165-31.2.
(1) Subsection B(4) is amended to change "Subsection 2" to "Subsection B(2)."
(2) Subsection B(11) is amended to change "other lands and regulations" to "other laws
and regulations."
O. Section 165-32.
(1) Subsection A(1)(c) is amended to change "Code Office" to "Code Enforcement
Division" and to change the cross reference from § 165-113A to § 165-113B.
(2) Subsection A(1)(e) is amended to change "a vote not to renew" to "a vote not to
approve."
P. Section 165-33.1C is amended to change "March 2003 Edition" to "October 2016, as may
be amended."
Q. Section 165-47D is amended to change "Soil and Water Conservation Commission" to
"Department of Agriculture, Conservation and Forestry."
R. Section 165-49A is amended to change "Resource Protect District" to "Resource Protection
District."
S. Sections 165-55 and 165-56B are amended to change "State Planning Office" to "State
Department of Agriculture, Conservation and Forestry."
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T. Section 165-56A is amended to change the references to the Board of Environmental
Protection and "Board" to the Commissioner of the Department of Environmental
Protection and "Commissioner," respectively.
U. Section 165-57.
(1) The definition of "coastal wetland" is amended to change "National Ocean Service"
to "National Oceanic and Atmospheric Administration."
(2) The definition of "marina" is amended to change "boat and tackle shops" to "bait and
tackle shops."
(3) The definition of "outlet stream" is amended as indicated:
Any perennial or intermittent stream, as shown on the most recent edition of the
seven -and -one -half -minute series ^r fifteen mitrdte series or, if not available, a
fifteen -minute series topographic map produced by the United States Geological
Survey, that flows from a freshwater wetland.
(4) The definition of "recreational vehicle" is amended to update "State Division of
Motor Vehicles" to "State Bureau of Motor Vehicles."
V. Section 165-59C is amended, in part, as indicated:
The o,,ulatio E)f hHeights of cellular telecommunication towers and radio and television
broadcast towers shall be regulated exclusively by the provisions of the zoning district
where they are located...
W. Section 165-74C is amended to delete the entry for "ISD" in the table following the
subsection.
X. Section 165-78C is amended as indicated: "All off-street loading spaces shall be on the
same or adjacent lot whieh ;s being with the principal buildingor r lot served."
Y. Section 165-80B is amended as indicated: "The minimum lot area for any construction
requiring on -site waste disposal facilities and not served by a municipal sewer system shall
be subject to the requirements of 12 M.R.S.A. § 4807 et seq., as amended."
Z. Section 165-80.1C(5), regarding security fencing around a cellular tower and equipment
compound, is redesignated as Subsection D, and former Subsections D through I are
redesignated as Subsections E through J.
AA. Section 165-80.2F(2) is amended to change "Code Enforcement" to "Code Enforcement
Officer."
BB. Section 165-81A is amended as indicated: "The purpose of this section is to ensure
appropriate outdoor lighting by addressing the issues of safety, efficiency, the environment
and aesthetics."
CC. Section 165-86.1C is amended as indicated:
Manufacture, sale, distribution or trafficking in marijuana, narcotic drugs or scheduled
drugs, except marijuana manufactured, sold, distributed, or trafficked pursuant to -7
M.R.S.A. §24 1 et seq., or
-o. M.R.S.A. § 2421 eseq � in via atio •, f 17 A M.R.S.A.
28-B M.R.S.A. § 101 et seq., or 22 M.R.S.A. § 2421 et seq., and which is
also in compliance with the marijuana regulations of the Bangor City ordinances.
Marijuana manufacture, sale, distribution, or trafficking that is not in compliance with
said laws and regulations is in violation of 17-A M.R.S.A. 6 1101 et sea.
DD. Section 165-90D(5)(e)[7] is amended as indicated:
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The restoration of the exterior of the building or any accessory buildings to meet the
requirements of the minimum property maintenance standards of the C ty's BO n
Building ing CE) Chapter 223, Property Maintenance, Article I, of the Cites.
EE. Section 165-103.11)(1) is amended to read as follows:
(1) Any of the above uses with outdoor storage, provided the storage area shall be:
(a) Limited to 5% of the building gross floor area, but not to exceed 2,000 square
feet total.
(b) Screened from adjacent properties and the public street with a minimum C-2
buffer.
FF. Section 165-111.
(1) Subsection A(2) is amended to change § 165-80(3)(B) to § 165-80.213.
(2) Subsection C(1)(c)[1] is amended to change "Zoning Board of Appeals" to "Board of
Appeals."
GG. Section 165-112.
(1) Subsection B(I)(c)[I I] is amended to change "Article I, § 165-1OF" to "Chapter 234,
Public Property, § 234-4."
(2) Subsection C(2) is amended as indicated: "A preapplication meeting is for review of
basic submission requirements for a project, applicable permits, and permitting
standards."
HH. Section 165-113G(2) is amended to change "temporary occupancy permit" to "temporary
certificate of occupancy."
IL Section 165-114.
(1) Subsection F(6) is amended to change "Maine Deparrtment of Conservation" to
"Maine Department of Agriculture, Conservation and Forestry."
(2) Subsection J(2) is amended to delete the reference to Chapter 374 of the Department
of Environmental Protection regulations.
JJ. Section 165-115F is amended to change "Institute of Traffic Engineers" to "Institute of
Transportation Engineers."
KK. Section 165-118B is amended to change "occupancy permits" to "certificates of
occupancy."
LL. In § 165-119, Subsections F(2) and (4) and G are amended to change "construction permit"
to "land development permit."
MM. Sections 165-123A(1) and 165-140A are amended to change "Department of Human
Services" to "Department of Health and Human Services."
NN. Section 165-126F(6) is amended to change "subdivision part" to "subdivision plat."
00. Section 165-127.
(1) Subsection B is amended to delete the reference to Chapter 374 of the Department of
Environmental Protection regulations.
(2) Subsection H is amended to change "Board of Environmental Protection" to
"Commissioner of the Department of Environmental Protection."
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PP. Section 165-128A(3)(c) is amended as indicated: "The relation of the proposed subdivision
of to the existing street system."
QQ. Section 165-1351)(1) is amended as indicated: "There are fear five different types of buffer
yards which may be required under Article XIV, Buffer Yards A, B, C, and D and E, as
defined by the illustrations which follow."
Chapter 170, Life Safety Code.
Section 170-1, lead-in paragraph, is amended to change "Life Safety Code, 2009 Edition" to "Life
Safety Code, 2018 Edition."
Chapter 194, Noise.
Article II, Vehicle Noise.
A. The table in § 194-9A is amended to update statutory references as follows:
(1) Airmobile: 12 M.R.S.A. § 13001, Subsection 2
(2) All -terrain vehicle: 12 M.R.S.A. § 13001, Subsection 3
(3) Snowmobile: 12 M.R.S.A. § 13001, Subsection 25
B. Section 194-10.
(1) Subsection A is amended to change "Airport Zone" to "Airport Development
District."
(2) Subsection D is amended to change 42 U.S.C. § 4916(2) to 42 U.S.C. § 4916(c)(2).
(3) Subsection G is amended as indicated:
Farming operations conducted in conformity with generally accepted agricultural
practices as defined under- 17 M.R.S. . § 222S,, Subseetion 2, as amended
provided in the Maine Agriculture Protection Act, 7 M.R.S.A. § 151 et seq.
Chapter 195, Non -Discrimination.
Article I, Non-discrimination Based on Sexual Orientation.
In § 195-2, the defined term "real estate broker and salesman" is changed to "real estate broker
and sales agent," and the definition is amended to read as follows:
"Real estate broker" and "real estate sales agent" have the same meanings as in 32
M.R.S.A. §§ 13198 and 13200, respectively, but include all persons meeting those
definitions, whether they are licensed or required to be licensed.
Chapter 197, Non-Stormwater Discharges.
Section 197-513(l) is amended to change CFR 35.2005(20) to 40 CFR 35.2005(20).
Chapter 202, Parades, Public Assemblies and Pickets.
Article I, Parades and Public Assemblies.
Section 202-13D is amended to change "Department of Public Services" to "Department of
Public Works."
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Chapter 215, Police Regulations.
A. Section 215-9 is amended to change $50 to $100.
B. Section 215-1lis amended as indicated: "... those areas which may from time to time be
designated by the City Council, by Council order, or by the Director of Parks and Recreation
for snowmobile use."
Chapter 219, Precious Metals.
Section 219-2.
A. The lead-in paragraph is amended as indicated:
Every person, firm or corporation engaged in business as a dealer in old gold, silver and
precious metals in the City of Bangor shall make a written daily record, in duplicate, of
each transaction whereby any old gold, silver or precious metals are purchased or
otherwise acquired by such licensee. Stte , r and shall disc' se the name f the lieensee,
eamplete to identify it and the eansider-ation paid ther-efor- and shall be signed by
licenseeor- by the l eensee's agent Such record shall contain the information required bX
state statute described in 30-A M.R.S.A. § 3972(2), and any amendments thereto, as well
as a description of each article sufficiently accurate and complete to identify it and the
consideration paid therefor. Before recording the information required by this section and
30-A M.R.S.A. § 3972(2), a dealer shall require reasonable proof of the seller's identity in
the form of a government -issued identification card such as a motor vehicle operator's
license or military identification card. The records required under this section must be
kept for a period of one year and maintained in order by date of purchase. Upon request
by a law enforcement officer or prosecuting attorney, a dealer shall promptly
available for inspection at the dealer's principal place of business the records required
under this section and 30-A M.R.S.A. § 3972(2).
B. Subsection B is amended as indicated:
Every licensee hereunder shall retain possession of all articles of eM gold, silver and
precious metals purchased or otherwise acquired for the a period of ^re week ftem 15
days after the date of acquisition by the dealer, except that a dealer who determines that
the precious metals are not listed in an electronic database designed to catalogstole
tolen
property may sell or alter the precious metal five business days after the date of filing the
record thereof in the office of the Chief of Police pursuant to Subsection A, during which
period said articles shall be subject to identification, inspection and valuation by the
Chief of Police or any officer of the Police Department and such persons as shall assist
said officers. Such licensee shall produce and identify any such article upon request of
the Chief of Police or any officer of the Police Department.
Chapter 223, Property Maintenance.
Article I, General Provisions.
A. Section 223-2.
(1) Subsection F is amended to change "BOCA Property Maintenance Code/1996" to
"International Property Maintenance Code 2003."
(2) Subsection I is amended, in the text for Section PM-112.8, to change "in accordance
with Section PM-112.8" to "in accordance with Section PM-112.7."
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MAY 22, 2023
Article II, Vacant Buildings.
B. Section 223-9.
(1) Subsection B is amended to change "the maintenance safety requirements of this
subsection" to "the maintenance standards of § 223-11 of this article."
(2) Subsection D(4) is amended to change "Code Enforcement Department" to "Code
Enforcement Division."
(3) Subsection E is amended as indicated:
A fee e0 as prescribed in the Schedule of Fees adopted pursuant to Chapter
109, Fees, of this Code or the cost of all materials, staff time, and other expenses
of the City related to administering and enforcing this article, whichever is
greater, shall be charged for a vacant building registration permit or interim
permit.
C. Section 223-10A is amended as indicated:
The Code Enforcement Division may bring on the inspection such other government
officials as it deems prudent to ensure compliance with standards and the safety of the
building and the Code En f eemert r iyisia including but not limited to police and fire
officials.
Chapter 228, Public Morals.
Article I, General Provisions.
A. In § 228-2, the definition of "knowingly" is repealed.
Article II, Prohibiting Certain Commercial Displays of Nudity and Sexual Conduct.
B. In § 228-5, the definition of "licensed movie theater" is amended to change "currently
processing" to "currently possessing."
C. Section 228-7C is added to read: "Nude entertainment in a commercial establishment
authorized under Article IV of this chapter shall not constitute a violation of this article."
Article IV, Regulating Commercial Displays of Nudity.
D. Section 228-141)(2) is amended to change "Urban Industrial District" to "Urban Industry
District."
E. Section 228-15A(2) is amended as indicated:
Any record or information so obtained, and any subsequent information developed
therefrom, is declared to be "intelligence and investigative record information" under 16
M.R.S.A. § 611, Subsection 4 § 803, Subsection 7, the C -imin ,' Histafy Reea -,a
inf w.atior Stat e Intelligence and Investigative Record Information Act, which, if
publicly disclosed, would endanger the life or safety of the individuals named therein.
Chapter 231, Public Parks.
A. Section 2314A is amended to change "manner" to "matter."
B. Section 231-5.
(1) Subsection E(l)(b) is amended as indicated:
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MAY 22, 2023
Leave a vehicle standing or parked at night within any park after 10:00 p.m. Eastern
standard time or daylight saving time, as may be then in effect.
(2) Subsection E(3)(d) is amended to change the cross reference from § 291-45C and D
to § 291-43D.
Chapter 234, Public Property.
Former § 234-4, Shadetrees, is repealed.
Chapter 247, Secondhand Dealers.
A. Section 247-213 is amended as indicated:
The annual fee for a secondhand dealer's license shall be as pr-avided i § Qc ^ prescribed
in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code; provided,
however, that in the case of a sale of secondhand articles at a single location and with
more than one participant, the sponsor of such sale shall obtain one license as required by
this chapter. In addition, each participant in said sale shall obtain a nontransferable permit
at a fee ^f $5 per- table- as set in the Schedule of Fees to be issued by the City Clerk for a
duration of not more than three consecutive days.
B. Section 247-5 is amended as indicated:
Any person who shall in any manner violate any of the provisions of this chapter or
violate any conditions of any license or permit granted under the provisions hereof shall,
on conviction thereof, be punished by a fine of not less than $50 and not more than $100.
Each day on which such violation continues shall constitute a separate offense.
Chapter 252, Sewers and Drains.
A. Section 252-1A is amended to change "public owned treatment works" to "publicly owned
treatment works."
B. Section 252-313, definition of "pretreatment program coordinator," is amended to change
"Superintendent" to "Director of Water Quality Management."
C. Section 252-7I is amended to change "Engineering Office" to "Engineering Department."
D. Section 252-9.
(1) Subsection C(3)(b) is amended to correct 38 M.R.S.A. § 359 to 38 M.R.S.A. § 349.
(2) Subsection F(l)(c)[3] is amended as indicated: "The industrial user must also be in
compliance with § 252-23C regarding the prohibition of bypass."
E. Section 252-16.
(1) Subsections A and D are amended to change "State of Maine Plumbing Code, Part II,
Subsurface Wastewater Disposal Regulations" to "10-144 CMR Ch. 241, Maine
Subsurface Waste Water Disposal Rules."
(2) Subsection B is amended to change "Maine Department of Human Services, Division
of Health Engineering" to "Maine Department of Health and Human Services."
(3) Subsection D is amended to change "Department of Human Services" to "Department
of Health and Human Services."
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F. Section 252-25L(2) is amended to change "Sewer Treatment Supervisor" to "Director of
Water Quality Management."
G. In § 252-26, Subsections B(1) and D(1) are amended to change 'Engineering Division" to
"Engineering Department."
Chapter 257, Sidewalks.
A. Section 257-2E is amended to change "Director of Operations and Maintenance" to "Public
Works Director."
B. Section 257-3 is amended as indicated:
Any person who willfully, wittingly or carelessly injures, defaces or makes any alteration
in any sidewalk or sets any post, tree or tree alteration in any sidewalk or sets any post,
tree or tree alteration in any part of the streets of the City without the consent of the City
Council, r duly .,,aha -ize by itany tenantof rt
negleeting t eamply with the r f this eha-P or shall forfeit and pay a sum not
less than $50 for each and every day that he or she shall re lee the violation
continues.
C. In § 257-4, Subsections A and E are amended to change "permit" to "license."
D. Section 257-6.
(1) Subsection F(3)(a)[2] is amended to change "Downtown Coordinator" to "Chief
Code Enforcement Officer" and to change 'Economic and Community Development
Officer" to "Director of Community and Economic Development."
(2) Subsection H(3) is amended as indicated: "Failure to follow such rules may result in
a permit not being granted or an existing permit being suspended or revoked."
(3) Subsection I(2) is amended to change "appraise the applicant" to "apprise the
applicant."
Chapter 260, Signs.
Article II, On -Premises Signs.
A. Section 260-6A is amended as indicated: "No more than 20% of any window may be covered
by window signs, except as provided in Chapter 71 of this Code for window signs in the
Bangor Center Revitalization Area."
Article III, Off -Premises Signs.
B. Section 260-11C(4) is amended as indicated:
The bottom of the sign face must stand at least six feet from the normal ground elevation
where, in the opinion of the City Engineer, the view from a stopped car at the intersection
of a driveway or road would be obstructed or the sign would constitute a traffic hazard.
Chapter 265, Solid Waste.
A. Section 265-1, the definition of "unacceptable solid waste" is amended as follows:
(1) In the lead-in paragraph, to change "Items under this section" to "The following
items."
(2) In Subsection (5), as indicated: "Dead animals or portions thereof Or- ether."
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MAY 22, 2023
B. Section 265-5A(6) is amended as indicated: "No person shall deposit any unacceptable yard
debris as defined herein to at the Public Works Department."
Chapter 268, Stormwater.
Article I, Maintenance.
A. Section 268-3, definition of "enforcement authority" is amended to change "Water Quality
Department" to "Water Quality Management Department."
Article II, Stormwater Utility.
B. Sections 268-1IF and 268-13A are amended to change "City's Engineering, Public Works,
Sewer, and other divisions" to "City's Engineering, Water Quality Management, and Public
Works Departments."
C. In § 268-13, Subsections A and C are amended to change "Director of Public Services" to
"City Engineer."
D. Section 268-18B(3) is amended as indicated: "A rate payer may appeal the decision of the
D -eeta - or- his designee City Manager or his or her designee to the Infrastructure Committee
of the City Council within 30 days of the date of the decision."
Chapter 271, Streets.
Article I, Official Map.
A. Section 271-91)(5) is amended to change 23 M.R.S.A. § 3026 to 23 M.R.S.A. § 3026-A.
Article V, Street Numbers.
B. Section 271-21 is amended to change "The number of Main Street" to "The numbering of
Main Street."
C. Section 271-26 is amended to change "at least 1 '/z inches in height" to "at least three inches
in height."
Article VII, Street Openings and Utility Connections.
D. Section 271-32C(l) is amended to read as follows: "The amount to be paid for a street
opening/utility connection permit will be based upon the Schedule of Fees adopted pursuant
to Chapter 109, Fees, of this Code."
E. Section 271-36B(l) is amended as indicated:
Any person, firm or corporation who or which shall dig or make an excavation in any
portion of the public way or make connection to a public sewer or storm drain without
first obtaining a permit shall be required to pay an after the fact permit fee Of $420 as
prescribed in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
Chapter 274, Synthetic Drugs.
Section 274-2, definition of "synthetic chemical or synthetic chemical compound," is amended as
indicated:
Any chemical or chemical compound whose molecular makeup is similar to those
substances listed as eantfalled substances Schedule W drugs in 17-A M.R.S.A. §
Subdivision 1 ti A § 1102, Subdivision IP (inell-ud ing I lw�e�S!stefs, edlefs, salts, zrr i
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MAY 22, 2023
salts eff isemer-s, ester-s and ethers € stteh substanees}, or to those substances listed in 17-
A M.R.S.A. § 1102, Subdivision 4F Subdivision 4G, and whose intended use, when
introduced into the human body, is to mimic or simulate the effects of a controlled
substance.
Chapter 278, Taxicabs and Livery Vehicles.
A. Section 278-7A is amended as indicated:
If a person has not previously held a City of Bangor taxicab or livery driver's license or if
a person is renewing an existing license after the 15th of the month in which such license
shall expire, the nonrefundable new/late licensing fee shall be as set forth in Chapter 109
of this Code. Any person renewing an existing taxicab or livery driver's license between
the first and 15th of the month in which such license shall expire shall be charged a
nonrefundable renewal fee as set forth in Chapter 109 of this Code. All tayii ab or -
driver's o, ,
was issued exeept that any lieense renewed within thf ee menths fallowing the
E)f the lieense will expire the fallowing yeaf en the last day E)f the inefith in Whi
expired lieense was issued. Any lieense renewed mar-e than thf ee IRE)fiths after- i
f; *11 be tfeated as a first time l;eenso
B. Section 278-813 is amended to change "identity light" to "identifying light" in the third
sentence.
Chapter 284, Trees.
Article III, Public Tree Program.
Section 284-17A is amended to change "inure to the benefit of the town" to "inure to the benefit
of the City."
Chapter 291, Vehicles and Traffic.
Article I, General Provisions.
A. Section 291-1A, definition of "holidays," is amended to read as follows:
Thanksgiving Day; New Year's Day, January 1; Martin Luther King, Jr., Day, the third
Monday in January; Washington's Birthday, the third Monday in February; Patriots Day,
the third Monday in April; Memorial Day, the last Monday in May, but if the federal
government designates May 30 as the date for observance of Memorial Day, the 30th of
May; Juneteenth, June 19; the Fourth of July; Labor Day, the first Monday of September;
Indigenous Peoples Day, the second Monday in October; Veterans Day, November 11;
and Christmas Day.
B. Section 291-2 is amended as indicated:
Except where another penalty is prescribed, whoever violates any provision of this
chapter shall forfeit and pay a sum not less than 4 $25 nor more than W $500, and each
day on which such violations continue shall constitute a separate offense.
Article II, Vehicle Turning and Traffic Movement.
C. Section 291-31 is amended as indicated:
Sch.A-21
23-154
MAY 22, 2023
On those streets and pelf ens f streets deser-ibed and speeified beloin areas designated
with posted signs, no horse trailer, livestock trailer or other towed or trailer vehicle shall
be allowed to pass over said streets and areas at any time of the day or night.
Article III, Parking.
D. Section 291-42.
(1) Subsection A is amended to change 'Eastern daylight time" to 'Eastern daylight
saving time."
(2) Subsection B(1)(a) is amended to change "Downtown Public Management District"
to "Downtown Parking Management District."
Article VIII, Cruising.
E. Section 291-68A is amended as indicated:
Any publicly owned vehicle of any C4y municipal, county, state or federally
governmental unit, while the vehicle is being operated for the official purposes of the
governmental unit;"
Chapter 295, Victualers.
Section 295-1 is amended to change "Fire Prevention Office" to "City Fire Inspectors."
Chapter 302, Yard Sales.
A. Section 302-2A is amended as indicated:
A permit may be obtained by submitting a completed application to the Code
Enforcement Officer upon forms provided for such purposes, together with a fee as set
for-th in Chapter- 109,Tees, Arfiele T Code En f reement Pef ;f Code prescribed
in the Schedule of Fees adopted pursuant to Chapter 109, Fees, of this Code.
B. Section 302-6 is amended as indicated:
Any person, firm or corporation conducting any sale regulated under this chapter without
being p -epe -ly lieense then-e f r obtaining a permit as required by § 302-2 or who or
which shall violate any of the terms of this chapter shall, upon conviction, be fined not
less than $25 nor more then than $100. Each day of violation shall constitute a separate
offense for purposes of prosecution of violations of this chapter.
Sch. A - 22
IN CITY COUNCIL
MAY 22, 2023
COrd 23-154
First Reading and Referral to Government Operations Committee Meeting of June 5, 2023
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CITY CLERK
IN CITY COUNCIL
JUNE 12, 2023
COrd 23-154
Motion made and seconded for Passage
Motion made and seconded to Amend by Substitution
Vote: 9 —0
Councilors Voting Yes: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Amendment Passed
Motion made and seconded for Passage as Amended
Vote: 9 —0
Councilors Voting Yes: Davitt, Hawes, Leonard, Pelletier, Schaefer, Sprague, Tremble, Yacoubagha, Fournier
Councilors Voting No: None
Passed as Amended
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CITY CLERK