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HomeMy WebLinkAbout2009-04-27 09-145 ORDINANCECOUNCIL ACTION Item No. 09 145 Date: April 27, 2009 Item/Subject: Ordinance, Amending Chapter 194, Code of the City of Bangor — Noise Responsible Department: Legal Commentary: This amendment is proposed in conjunction with the change in the Land Development Code, Chapter 165, Section 165-13, Definitions. It replaces the terms nightclub, dance hall or lounge with bar, tavern or lounge. Department Head Manager's Comments: ,Q, iU-rr,14^3 -1 ' City Manager Associated Information: Budget Approval: Legal Approval: Finance Director t J 7 City Solicitor Introduced for Passage X First Reading Page _ of _ X Referral to the Planning Board May 19, 2009 @ 7 p.m. 09 14%j%j 4 s._ Councilor Gratwick April 27, 2009 A oNO 'zCI'T'Y OF BANGOR �R4T ED, FE r- rte►. (TITLE.) Ordinance, Amending Chapter 194, Code of the City of Bangor - Noise BE IT ORDAINED BY THE CITY OF MNGOR THA TChapter 194 of the Code of the City of Bangor be amended as follows: ARTICLE III, AIIGHTG 1 B,- DANCE HALL or 9 BAR, TAVERN OR LOUNGE 19412 Prohibited Acts No bar, tavern or lounge 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 person of normal sensitivity residing in the area. (1) The characteristics and conditions which should be considered in determining whether a violation of the provisions of this section exists should include, but not be limited to the following: (a) The level of the noise; (b) The level of the ambient noise; (c) The proximity of the noise to residential units or sleeping facilities; (d) The time of day or night the noise occurs; (e) The duration of the noise; and (f) Whether the noise is recurrent, intermittent, or constant. (2) Noise exceeding the maximum of 65 dBA in any abutting structure, on abutting property 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 bar, tavern or lounge shall be responsible for the noise created by its patrons on the owners properly. § 194-13. Violations and penalties. Violation of this article may be punished by a civil penalty of not less than $50 and not more than $100, provided that any person cited for a violation of this article may waive his or her right to appear and defend the citation upon payment of a fifty -dollar minimum fine. Additions are underlined. Deletions are struek through. IN CITY COUNCIL April 27, 2009 First Reading and Referred to tbv Planning Board CLE IN CITY COUNCIL May 27, 2009 Passed Motion Made and Seconded for Passage Vote: 8-1 Councilors Voting Yes: Bronson, D'Errico, Gratwick, Hawes, Nealley, Palmer, Stone and Wheeler Councilors Voting No: Blanchette # 09-145 O R D I N A N C E (TITLE,) Amending Chanter 194, Code of the City of Bangor - Noise Assigned to Councilor