HomeMy WebLinkAbout2009-01-12 09-042 ORDINANCECOUNCIL ACTION
Item No. 09 042
Date: January 12, 2009
Item/Subject: Ordinance, Amending Chapter 194, Code of the City of Bangor - Noise
Responsible Department: Legal
Commentary:
The City has received numerous complaints from downtown residents about noise from patrons
of eating and drinking establishments. This ordinance will provide that certain eating and
drinking establishments shall not cause or allow to be caused any disturbing, excessive, or
offensive noise which causes discomfort or annoyance to any reasonable person of normal
sensitivity residing in the area.
The ordinance also provides guidance for law enforcement in determining whether there is a
violation based on such things as the level of the noise, the level of the ambient noise, the
proximity of the noise to residential units or sleeping facilities, the time of day or night the noise
occurs, the duration of the noise, and whether the noise is recurrent, intermittent, or constant.
The ordinance will hold the owner of the establishment responsible for the inappropriate
behavior of its patron. —1-
A A I n w
Associated
Budget Approval:
Legal Approval:
Introduced for
Finance Director
Passage
X First Reading
X Referral to Transportation and Infrastructure January 20, 2009 @ 5 p.m.
_ 09=-042
SAN (As Amended)
i•uLj;
i ED'"� CITY OF BANGOR
Ra,fE j
(TITLE.) Ordinance, Amending Chapter 194, Cale of the City of Bangor - Noise
WHEREAS, owners of a nightclub, dance hall, or disco have an obligation to prevent their patrons on
their property from causing noise which causes discomfit or annoyance to a reasonable
person residing in the vicinity of the nightclub, dance hall or disco.
NOW, 7HEREFURE BE 1T ORDAINED BY 7 YE CfTY OF BANGOR AS FOLLOWS:
THAT Chapter 194 of the Code of the City of Bangor be amended by adding the
following:
ARTICLE III, NIGHTCLUB DANE' HALL or DISCO
194-12 Prohibited Acts
No nightclub. dancehall or disco as defined in §165-13 hall cause or allow to be caused any disturbing,
excessive, or offensive noise which causes discomfort r anno@nce to giy reasonablen of normal
sensitivity residing in the area.
1 The characteristicsconditions which should be con5ideredin determiningwhether
violation of the provisions of this aQW0 exists1 inglude, but not be limitedll wi :
(a) The level of the noises
The ley -el of the ambient noise:
c The proximftyf the noisei n' I units or sleeping facilities;
(d) The time of day or nigFlt the noise occurs;
The duration of the nois%n
(f) Whether the noise is recurrent, intermittent or cont,
(2) Noise exceeding the maximum of 65 dBA in any abutting sUvdure, on abujung Prop-qMj or withl(I
the • r • • gr any 12!jbilc areabe prima facie evidence of • . a of cl •
(3) The owner of the nightclub, dance hgll or disco shall be respgnsible for the noise created
patrona g i the 2111111212 . .LM
•' Violations a •'
Violation of be 12uni5hed • a civil p-qnalty of • h. ! and not moreil! provided
that any pgrson cited for a violationof - or • to app -or• •- - r the citation
09 042
Assigned to Councilor Stone January 12, 2009
z' CITY OF BANGOR
of e
�R4TED.
(TITLE.) Ordinance, Amending Chapter 194, Code of the City of Bangor - Noise
BE IT ORDAINED BY ME CITY QE BANGOR AS FOLLOM'
THAT Chapter 194 of the Code of the City of Bangor be amended by adding the
following:
ARTICLE TTI. NIGHTCLUB. DANCE HALL or DISCO
194-12 Prohibited Acts
No nightclub, dance hall or disco as defined in 165-13 shall cause or allow to be caused any
disturbing excessive, or offensive noise which causes discomfort or annoyance to any reasonable
_arson of normal sensitivity residing in the area.
1 Thg chagracterisbcsand conditionswhich should be considered in determining whether
violation of the provisions of this section exists should include, but not be limited to the fallowing
a Thg lev l f the n i
(b) The level of the ambient noise,;
The proximityof the noise tp residgntial Units or slggi2ing facilitigs:
(d) The time of day or night the noise occurs;
Th ration of the n ise• and
(f) Whether the noise is recurrent, intermittent, or constant.
2 Noise exceediDg
the maximum of 65 dM in any abutting
str !tura on abutting ro
or within the public right-of-way
or any public area shall be prima facie evidence of a violation of this
section.
3 The owner
of the nightclub. dance hall or disco shall be
reswrisiblefor the noise
created by its gatrons.
194-13. Violationan
nal
" s.
Violation of this article may
be punished
by a civil penally of not less
than $50 and not more than
100 provided that any pgrson
Cited for a violation of this le mgy
waive his or her right to aQMr
and defend the citatign upgn
pMent
of a fi - oll r minim m fine.
IN CITY COUNCIL
January 12, 2009
First Reading and Referred
to T}Qnsportation and Infrastructure
CITY CLERK
IN CITY COUNCIL
January 26, 2009
Motion Made and Seconded
for Passage
Motion Made and Seconded to
Postpone to the next Council
Meetinn
Postyofied
`CITY CLERK
IN CITY COUNCIL
February 9, 2009
Motinn Made and Seconded
for Passage
Motion Made and Seconded to
Amend by Substitution
Passed
Motion Made and Seconded for
Passage as amended
Vote: 7-0
Councilors Voting Yes: Bronson,
D'Errico, Gratwick, Nealley,
Palmer, Stone and Wheeler
Councilors Voting No: None
Councilors Absent: Blanchette
and Hawes
Passed
DEPUTY CITY CLERK'
ORDINANCE
(TITLE,) Amending Chapter 194, Code of the
City Bangor - Noise
Assigned to Councilor