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Home My WebLink About2025-05-12 25-156 Ordinance25-156 05/12/2025 CITY COUNCIL ACTION Council Meeting Date: May 12, 2025 Item No: 25-156 Responsible Dept: Legal Action Requested: Ordinance Title, Ordinance Map/Lot: N/A Amending the City's Disruptive Property Ordinance to Update the Definition of Disruptive Activities and Expand Its Applicability Summary This Ordinance revision would update the definition of "disruptive activities" in the City's Disruptive Property Ordinance and expand its applicability to (1) properties that are not residential, and (2) properties that do not have buildings on them. City officials have been fielding requests for help made by neighbors who live near nuisance and disruptive properties, and the proposed revisions would provide additional protection of citizens' legitimate interests in peacefully enjoying their property. The definition of "disruptive activities" would expand to include incidents where the police have been contacted and respond to a complaint(s) and visit a property, and the visit results in the arrest of an individual on the property for activities that constitute a crime or civil infraction. The definition would also expand to include intoxication on public ways within 300 feet of a property that unreasonably disturbs the community caused by situations originating on the property. This item was reviewed by the Government Operations Committee on May 5, 2025. Committee Action Committee: Government Operations Action: Staff Comments & Approvals Staff recommends approval. City Manager Introduced for: First Reading City Solicitor Meeting Date: May 5, 2025 For: Against: Finance Director Citv of Bangor, ME 25-156 05/12/2025 CITY COUNCIL ORDINANCE Date: May 12, 2025 Assigned to Councilor: Hawes ORDINANCE, Amending the City's Disruptive Property Ordinance to Update the Definition of Disruptive Activities and Expand Its Applicability WHEREAS, City officials have been fielding requests for help made by neighbors who live near nuisance and disruptive properties; and WHEREAS, staff from Executive, Legal, and Police Departments have met and recommend certain updates to the City's Disruptive Property Ordinance in order to provide recourse for persons living near disruptive properties; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT The Code of the City of Bangor is amended as follows: § 99-1. Purpose. The purpose of this chapter is to protect the health, safety, and welfare of the residents of the City of Bangor by eliminating the proliferation of properties harboring occupants who disturb the peace and tran uili of their neighborhoods. § 99-3. Scope. This chapter shall apply to the owner(s) of all residential property, as defined in § 99-4, located in the City of Bangor. § 99-4. Definitions. As used in this chapter, the following terms shall have the meanings indicated: DISRUPTIVE ACTIVITIES — Situations created, originating, or conducted Within a bHilding 8F within the boundaries of the property on which a building is located by the owner, owner's employeetsI, owner's representativejs), occupant(s), tenant(sl, or customerjs) thereof, or the visitor(sl to any such owner, occupant, tenant, or customer, which would unreasonably disturb the community, the neighborhood, or an ordinary individual of normal sensitivities at or beyond the property line, including but not limited to: A. Loud music; B. Boisterous gatherings; C. Excessive, loud or unnecessary noises audible beyond the property line; 25-156 05/12/2025 City of Bangor, ME D. Altercations occurring on the property, such as fighting, disruptive conduct, brawling or similar activities, excluding incidents involving domestic violence; E. Intoxication on public ways within 300 feet of the property: F. Situations in which the police have responded to the property, which are created by the owner(s), a tenant() or an owner or tenant's cohabitee(), guest(), or invitee(), and involve the arrest of an owners), tenant( , cohabitee(s)guest(s), invitee(), for activities which constitute either a crime or civil infraction under state or local law; or G. Other similar activities occurring within er eutside any bHilding leeated on the property. DISRUPTIVE PROPERTY — Any residential property for which the Police Chief has correctly notified the owner that the Police Department has documented and substantiated eitieF two or more disruptive events within 60 days; or three or more disruptive events within 120 days; or four or more disruptive events within 180 days; or five or more disruptive events within 360 days. OWNER — Any person, including any legal entity, having the right of legal title or the beneficial interest in a ..,...,mar property or any portion thereof, as that interest is recorded in the tax records of the City of Bangor or the Registry of Deeds of Penobscot County. RESIDENTT A 1 PROPERTY — Lot(s, plot , or parcels) of land located within the City of Bangor. of n9imed eeeupamey is i eF Rigilill § 99-5. Declaration of public nuisance. B. The owner of a residential property shall provide sufficient control, oversight, monitoring, and management of the property to prevent the same from becoming a disruptive property. § 99-6. Disruptive property prohibited. No owner of Fes,ar property shall maintain, or allow to be maintained or to exist on the owner's property, a disruptive property as defined in this chapter. Each and every day that a disruptive event shall be permitted to occur on the property after it becomes classified by the Chief of Police as a disruptive property shall constitute a separate offense. 25-156 05/12/2025 Cit of Bangor, ME § 99. Remediation process. D. At the time of this meeting, the owner, or the owner's duly authorized agent, shall provide to the City the following documentation: (1) A complete description of the property, including, but not limited to: (a) A list of all dwelling units and their postal or Emergency 911 address designation as they are located on the property; (b) Floor plans or sketches for all structures located on the property showing the location of all dwelling unit entrances and egress points, sleeping areas, and common areas; Additions are underlined, deletions are struea( threughr IN CITY COUNCIL MAY 12, 2025 COrd 25-156 First Reading ��.�` � M,�� w�� s� CITY CLERK IN CITY COUNCIL MAY 28, 2025 COrd 25-156 Motion made and seconded for Passage Vote: 7—0 Councilors Voting Yes: Beck, Deane, Fish, Fournier, Mallar, Tremble, Pelletier Councilors Voting No: None Passed ��.�` � M,�� w�� s� CITY CLERK