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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