HomeMy WebLinkAbout2016-08-08 16-315 ORDINANCECOUNCIL ACTION
Item No. 16-315
Date: August 8, 2016
Item/Subject: Ordinance, Amending Chapter 231 of the Code of the City of Bangor —
Smoking Prohibited in Certain Public Parks
Responsible Department: Legal
Commentary:
This Ordinance will ban smoking in public parks that have amenities such as pools, playgrounds,
and athletic facilities that are intended to be used by minors.
Many of the public parks in the City of Bangor include amenities such as pools, playgrounds, and
athletic facilities that are intended to be used by minors. It is well recognized that exposure to
secondhand smoke is a health hazard. If approved, this ordinance takes appropriate measures
to prevent minors from being exposed to secondhand smoke in public park spaces that are
heavily used by minors. This item was reviewed at a Government Operations Committee.
Department Head
Manager's Comments:
City Manager
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
City Soli itor
Introduced for
Passage
X First Reading
Page _ of _
Referral
16-315
AUGUST 8, 2016
Assigned to Councilor Plourde
CITY OF BANGOR
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(TITLE.) Ordinance, Amending Chapter 231 of the Code of the City of Bangor — Smoking Prohibited
in Certain Public Parks
WHEREAS, many of the public parks of the City of Bangor include amenities such as pools,
playgrounds, and athletic facilities that are intended to be used by minors; and
WHEREAS, exposure to secondhand smoke is a health hazard; and
WHEREAS, it is in the best interest of the citizens of Bangor that minor not be exposed to secondhand
smoke in places that they tend to gather.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 231 of the Code of the City of Bangor is amended as follows:
§231-7 Alcoholic beverages; smoking;, fires; use of closed areas
A. Intoxicating beverages.
(1) Liquor defined. For purposes of this subsection, "liquor" shall mean and include any alcoholic,
spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors,
intended for human consumption which contains more than 1/2 of 1% of alcohol by volume.
(2) Prohibition. No person in a Rgblic park, as defined by section 231-2 of the Code of the City of
Bangor, shall have brought liquor, nor shall any person drink liquor at any time, in any parking area.
(3) Exceptions. At the Municipal Golf Course, Bass Park and West Market Square, concession and
license privileges may include the sale of liquor by such concessionaire or licensee under strict
regulation and control of the City Council. Sales of liquor at such locations shall be made only in
individual drinks (not in bulk), and liquor shall be served only for consumption on the immediate
premises of the concession and in such other areas as the City Council may direct. In addition, in
accordance with the applicable provisions of state law, alcohol may be served at locations throughout
the Municipal Golf Course under terms and conditions established by the Director of Parks and
Recreation.
B. Smoking
IN CITY COUNCIL
AUGUST 8, 2016
FIRST READING
,�%
CITY CLERK
IN CITY COUNCIL
AUGUST 22, 2016
COr 16-315
MOTION MADE AND SECONDED FOR PASSAGE
MOTION MADE AND SECONDED TO AMEND TO INCLUDE ALL CITY PARKS
MOTION WITHDRAWN
MOTION MADE AND SECONDED TO AMEND TO INCLUDE ALL PUBLIC PARKS
WITH THE EXCEPTION OF THE BANGOR MUNICIPAL GOLF COURSE
AMENDMENT VOTE: 4-5
COUNCILORS VOTING YES: B9LDACCI, DURGIN, GRAHAM, PLOURDE
COUNCILORS VOTING NO: NEALLEY, NICHOLS, PERRY, SPRAGUE, FAIRCLOTH
AMENDMENT FAILED
VOTE ON MAIN MOTION 8-1
COUNCILORS VOTING YES: BALDACCI, DURGIN, GRAHAM, NICHOLS, PERRY, PLOURDE, SPRAGUE, FAIRCLOTH
COUNCILORS VOTING NO: NEALLEY
PASSED
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CITY MERK
16-315
AUGUST 8, 2016
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Recreational Area.
BC. Fires. No person in a park shall build or attempt to build a fire, except at such areas and under
such regulations as may be designated by the Director. No person shall drop, throw or otherwise
scatter lighted matches, burning cigarettes or cigars, tobacco or other inflammable material within any
park area or on any highway, road or street abutting or contiguous thereto.
ED. Closed areas. No person in a park shall enter an area posted as "Closed to the Public," nor shall
any person use or let the use of any area in violation of posted notices.
Additions are underlined. Deletions are sttaek through.