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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since 1998, and an update has been needed for several purposes, including improving internal consistency, eliminating outdated and incorrect cross-references, confirming gender neutral language throughout, cleaning up typographical errors and grammatical mistakes, and eliminating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 i� City Solicitor r i i 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and a comprehensive update has been needed for several purposes including improving internal consistency, eliminating outdated and incorrect cross-references, confirming gender neutral language throughout, cleaning up typographical errors and grammatical mistakes, and eliminating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. 23-154 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. 23-154 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." 23-154 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. 23-154 MAY 22, 2023 AS AMENDED 23-154 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 23-154 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. Sch. A-2 AS AMENDED 23-154 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. Sch. A-3 AS AMENDED 23-154 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. Sch. A-4 AS AMENDED 23-154 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: Sch. A-5 AS AMENDED 23-154 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. Sch. A-6 AS AMENDED 23-154 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. Sch. A-7 AS AMENDED 23-154 MAY 22, 2023 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." Sch. A-8 AS AMENDED 23-154 MAY 22, 2023 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. Sch. A-9 AS AMENDED 23-154 MAY 22, 2023 (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 Sch. A- 10 AS AMENDED 23-154 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. Sch. A- 11 AS AMENDED 23-154 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." Sch. A- 12 AS AMENDED 23-154 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. Sch. A- 13 AS AMENDED 23-154 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. Sch. A- 14 AS AMENDED 23-154 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). Sch. A- 15 AS AMENDED 23-154 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. Sch. A- 16 AS AMENDED 23-154 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." Sch. A- 18 AS AMENDED 23-154 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 Sch. A- 19 AS AMENDED 23-154 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." Sch. A-20 AS AMENDED 23-154 MAY 22, 2023 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." Sch. A-21 AS AMENDED 23-154 MAY 22, 2023 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. Sch. A-22 AS AMENDED 23-154 MAY 22, 2023 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. Sch. A-23 23-154 MAY 22, 2023 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). Sch. A - 1 23-154 MAY 22, 2023 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." Sch. A - 2 23-154 MAY 22, 2023 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 Sch. A - 3 23-154 MAY 22, 2023 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 Sch. A - 4 23-154 MAY 22, 2023 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 Sch. A - 5 23-154 MAY 22, 2023 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." Sch. A - 6 23-154 MAY 22, 2023 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." Sch. A - 7 23-154 MAY 22, 2023 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." Sch. A - 8 23-154 MAY 22, 2023 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. Sch. A - 9 23-154 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. Sch. A - 10 23-154 MAY 22, 2023 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."' Sch. A - 11 23-154 MAY 22, 2023 (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." Sch. A - 12 23-154 MAY 22, 2023 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: Sch. A - 13 23-154 MAY 22, 2023 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." Sch. A - 14 23-154 MAY 22, 2023 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." Sch. A - 15 23-154 MAY 22, 2023 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." Sch. A - 16 23-154 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: Sch. A - 17 23-154 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." Sch. A - 18 23-154 MAY 22, 2023 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." Sch. A - 19 23-154 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 Sch. A - 20 23-154 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 �����:,w�,��° '" .�� ��°,„�,��"���,°��*°.������ �� 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 ���.�` � M,�� �������w������ � �s� CITY CLERK