The URL can be used to link to this page

Home My WebLink About2026-04-13 26-137 Ordinance26-137 As Amended 04/13/2026 CITY COUNCIL ACTION Council Meeting Date: April 13, 2026 Item No: 26-137 As Amended Responsible Dept: Police Action Requested: Ordinance Title, Ordinance Map/Lot: N/A Amending Chapter 257, Sidewalks, to Add Section 257-7 Occupying, Blocking, Obstructing, or Partially Obstructing a Sidewalk or Esplanade Summary This Ordinance would amend City Code Chapter 257, Sidewalks, to include new section 257-7 Occupying, blocking, obstructing, or partially obstructing a sidewalk or esplanade. The original proposed change to the ordinance was brought forward because the Police Department has experienced issues with individuals storing materials on the sidewalks and esplanades, especially in downtown Bangor. This has, at times, led to pedestrians stepping off the sidewalk and into the street to maneuver around a blocked portion of the sidewalk or esplanade. The goal of the ordinance change was to ensure that pedestrians are able to safely use the City's sidewalks and ensure they remain accessible. At its meeting on April 13, 2026, the City Council referred Ordinance 26-137 amending Chapter 257, Sidewalks, Section 257-4, to Require Licenses to Occupy, Block, or Obstruct a Sidewalk, Esplanade or Street to the Advisory Committee on Racial Equity, Inclusion and Human Rights on for an advisory recommendation. The Committee met twice to discuss the proposed change and any potential alternative. The proposed new section of the ordinance is meant to ensure both sidewalk accessibility and consideration for those experiencing homelessness and their personal belongings in the spirit of inclusion and equity. This amended version would create a new section of Ordinance to address those concerns, thereby leaving section 257-4 specific to licenses for construction purposes. The Committee voted 7 to 1 to recommend this amendment to City Council at its meeting on May 6, 2026. Committee Action Committee: Government Operations Committee Action: Recommended for passage Meeting Date: April 6, 2026 For: 4 Against: 1 Previous Council Actions Referred to Advisory Committee on Racial Equity, Inclusion and Human Rights on April 13, 2026. DUd 111-e� 4X - 5911�lw •CJ City Manager City Solicitor Finance Director Introduced for: Unfinished Business 26-137 As Amended 04/13/2026 CITY COUNCIL ORDINANCE Date: May 11, 2026 Assigned to Councilor: Fish ORDINANCE, Amending Chapter 257, Sidewalks, to Add Section 257-7 Occupying, Blocking, Obstructing, or Partially Obstructing a Sidewalk or Esplanade WHEREAS, this item was referred to the Advisory Committee on Racial Equity, Inclusion and Human Rights for an advisory opinion; WHEREAS, the Committee met and made a recommendation to add Section 257-7 Occupying, blocking, obstructing, or partially obstructing a sidewalk or esplanade in place of changes to Section 257-4; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 257 of the Code of the City of Bangor is amended as follows: � 257 - 7 Occupying, Blocking, Obstructing, or Partially Obstructing a Sidewalk or Esplanade As City sidewalks are intended for free, safe, and unimpeded pedestrian travel on them by members of the public, no person shall occupy, block, obstruct, or partially obstruct a City sidewalk or esplanade for the storaae of materials. A. This section does not apply to temporary lines formed on sidewalks in order to access a building or to persons, wheelchairs, and strollers occupying a sidewalk or esplanade in order to view a parade. B. Support -based engagement. The City shall prioritize support -based engagement prior to civil penalties when feasible and appropriate, including but not limited to communication, outreach, and connection to available services and resources. Such resources include, but are not limited to case management, day programs, and shelter services. This shall be the preferred practice of the City, prior to punitive enforcement action. C. Enforcement. The Police Department shall enforce this section. The first and preferred method of enforcina a violation of this section is for the Police Department to direct that materials be moved from the sidewalk or esplanade by the individual who placed the materials, if that individual can be readily_ identified. If that individual is readily identified but refuses to move the materials from the sidewalk or esplanade, that person is subject to a civil penalty of no more than $50. In the event of a second violation within any six-month period, the civil penalty shall be no more than $100. In the event the individual who placed the materials cannot be readily identified by an on -scene Police Department officer, any applicable City policy pertaining to removal of materials on public property may be followed. Additions are underlined, deletions strtrel( thr-eugr. 26-137 04/13/2026 CITY COUNCIL ACTION Council Meeting Date: April 13, 2026 Item No: 26-137 Responsible Dept: Police Action Requested: Ordinance Map/Lot: N/A Title, Ordinance Amending Chapter 257, Sidewalks, Section 257-4, to Require Licenses to Occupy, Block, or Obstruct a Sidewalk, Esplanade or Street Summary This proposed ordinance amendment would revise Chapter 257, Sidewalks, Section 257-4, to require a license to occupy, block, or obstruct a sidewalk, esplanade, or street for any purpose. Section 257-4 already requires a license to occupy, block, or obstruct a sidewalk, esplanade, or street for construction purposes, and the proposed amendment would simply remove the words "for construction purposes" so that the ordinance continues to apply for construction projects but also applies to the obstructing or blocking of sidewalks, esplanades, or streets with materials for any purpose. The Police Department has experienced issues with individuals storing materials on the sidewalks and esplanades, especially in downtown Bangor. The storage of materials on sidewalks and esplanades in the City at times leads to pedestrians stepping off the sidewalk and into the street to maneuver around a blocked portion of the sidewalk or esplanade. At other times, pedestrians attempt to walk over or through the materials blocking the way. The goal of this modest ordinance change is to ensure that pedestrians are able to safely use the City's sidewalks for walking, without having to step into the street or walk over or through materials. This ordinance amendment would also clarify that the Police Department and the Code Enforcement Division are authorized to enforce the ordinance. Violations of this ordinance are subject to civil and not criminal enforcement. Committee Action Committee: Government Operations Action: Recommend for passage Staff Comments & Approvals Staff recommends approval. qW City Manager City Solltitor Meeting Date: April 6, 2026 For: 4 Against: 1 r Finance Director Introduced for: First Reading CITY COUNCIL ORDINANCE 26-137 04/13/2026 Date: April 13, 2026 Assigned to Councilor: Fish ORDINANCE, Amending Chapter 227, Sidewalks, to Require Licenses to Occupy, Block, or Obstruct a Sidewalk, Esplanade or Street BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 257 of the Code of Ordinances of the City of Bangor is amended as follows: § 257-4. License required to occupy right-of-way feF eei9stFHetiei9 pHFpeses. E. Penalty. Any person, firm or corporation who or which shall violate any provision of this section or fail to comply with any of its requirements may, upon conviction thereof, be punished by a fine of not less than $50 for each offense. The Police Department and the Code Enforcement Division shall enforce this section. Each day of said violation or noncompliance shall constitute a separate offense. Any person, firm or corporation so convicted shall not hereafter be granted a license to occupy the right-of-way without the prior approval of the City Council. Additions are underlined; deletions are stFHek eegh. IN CITY COUNCIL APRIL 13, 2026 COrd 26-137 Council Beck requested this item be removed from Referrals. Motion made and seconded to allow the public to speak on this item. Scott Pardy, Adam Baker, Katie Coe, Jody McDonald, Mitchell Cooper, Dre McAulliffe, Joshua Fye, and Gabrielle Wiley spoke against. Trisha Quirk, Linda Deabay,Ben Treat, Lee Chick, Monique Bouchard and Betsy Lundy supported the Ordinance. Motion made and seconded to refer this time to the Advisory Committee on Racial Equity, Inclusion and Human Rights for their opinion Vote: 6—3 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Leonard, Walker Councilors Voting No: Fish, Mall, Hawes Passed to Refer �� .�" � M,�� w��-�� ' CITY CLERK IN CITY COUNCIL MAY 11, 206 COrd 26-137 Richard Chaucer, Mike Furrow, Renee Hudgens, Nichi Farnham, Lee Chick spoke in favor. Hilari Simmons questioned whether the unhoused and other citizens of the City would be treated the same. Jody McDonald and Katie Coe spoke against. Scott Pardy questioned how it would be enforced. Motion made and seconded for Passage Motion made and seconded to Amend by Substitution to strikeout "and access support- based engagement (see above)" in the second sentence in Section 257-7 (C) Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard Mallar, Walker, Hawes Councilors Voting No: None Passed to Amend Motion made and seconded for Passage as Amended Vote: 9—0 Councilors Voting Yes: Beck, Carson, Deane, Faloon, Fish, Leonard Mallar, Walker, Hawes Councilors Voting No: None Passed �� .�" � M,�� w��-�� ' CITY CLERK