[HISTORY: Adopted by the City Council of
the City of Bangor as Ch. VI, Art. 12. Amendments noted where applicable.]
[Amended 9-14-1998 by Ord. No. 98-339]
This chapter shall be known and may be cited
as the "City of Bangor Parks Ordinance."
[Amended 6-11-1984 by Ord. No. 84-211; 10-12-1988 by Ord. No. 88-403; 9-14-1998 by Ord. No. 98-339; 1-10-2000 by Ord. No. 00-83]
A.
When not inconsistent with the context, words used
in the present tense include the future, words in the plural include
the singular number, and words in the singular number include the
plural number. The word "shall" is always mandatory and not merely
directory.
B.
CITY
DIRECTOR
PARK
VEHICLE
For the purpose of this chapter, the following terms,
phrases, words and their derivatives shall have the meanings given
herein:
The City of Bangor.
Shall be limited to the areas within the boundaries, as described
in the records of the City of Bangor Assessor, of the following City-owned
recreational properties and facilities:
[Amended 6-10-2013 by Ord. No. 13-181; 2-26-2018 by Ord. No. 18-106]
Name
|
Assessor's Map and Lot Numbers
| |
---|---|---|
Hayford's Park
|
22
|
36
|
Bangor Gardens Playground
|
K42
|
106
|
K42
|
24
| |
Broadway Park
|
47
|
34A
|
47
|
34B
| |
Coe Park
|
32
|
178
|
33
|
77
| |
33
|
76A
| |
33
|
76B
| |
Chapin Park
|
48
|
132A
|
Dakin Park
|
46
|
58A
|
Davenport Park
|
42
|
44
|
Fairmount Park
|
7
|
61B
|
Municipal Golf Course
|
R27
|
1
|
R27
|
4
| |
Grotto Cascade Park
|
R63
|
7
|
Hayford's Field
|
22
|
36A
|
Little City Park
|
38
|
32
|
J.J. Williams Park
|
55
|
52
|
Norumbega Mall
|
41
|
70
|
41
|
71
| |
Old Cemetery Lot Park
|
15
|
122
|
Pierce Park
|
41
|
98
|
Prentiss Woods
|
R40
|
11
|
Second Street Playground
|
35
|
168
|
Summit Park
|
31
|
1
|
Whitney Park
|
22
|
46
|
Essex Street Recreation Area (Penjajawoc Park)
|
R48
|
7
|
Municipal Dock (Lower Broad Street)
|
43
|
33
|
Stillwater Park Playground
|
51
|
205
|
Broad Street Park (Fountain Park, West Market
Square)
|
42
|
237
|
Bass Park (Paul Bunyan Area)
|
26
|
1
|
Bridge Lot Park (including the covered bridge
structure and appurtenances thereto)
|
40
|
1E
|
Kenduskeag Plaza East
|
42
|
236
|
Kenduskeag Plaza West
|
42
|
199A
|
Union Street Recreational Area
|
R15
|
15B
|
Kenduskeag Stream Park (including park easement
areas as shown on a plan entitled "Kenduskeag Stream Park, Phase I,"
dated November 3, 1975, consisting of 4 sheets on file in the office
of the City Engineer, City Hall, Bangor)
|
19
|
1
|
19
|
1A
| |
19
|
7B
| |
19
|
7A
| |
31
|
10A
| |
31
|
58
| |
31
|
75
| |
31
|
91
| |
32
|
162
| |
32
|
179
| |
32
|
180
| |
40
|
1
| |
40
|
001-B
| |
40
|
1D
| |
40
|
1E
| |
40
|
3
| |
41
|
47
| |
41
|
53
| |
41
|
54
| |
41
|
55
| |
41
|
58
| |
41
|
59
| |
41
|
60
| |
41
|
72
| |
41
|
75
| |
R34
|
12
| |
R35
|
54D
| |
R35
|
57
| |
R35
|
58
| |
Hamlin Mall (part of Norumbega Mall)
|
41
|
71
|
Brown Woods
|
R14
|
8
|
City Forest Preserve
|
R65
|
2
|
R66
|
1 to 5
| |
R67
|
5 and 6
| |
R73
|
7
|
Any wheeled conveyance, whether motor-powered, animal-drawn
or self-propelled. The term shall include but not be limited to any
trailer in tow, automobile, truck, wagon, snowmobile, motor bike,
motorcycle or trail bike of any size, kind or description. Exception
is made for baby carriages, bicycles, golf carts used at the Municipal
Golf Course, vehicles used in conjunction with harness racing at Bass
Park and vehicles used in the maintenance and operation of city parks.
Except as may be necessitated by reason of construction
or maintenance activities under the supervision and control of the
Director, no person in a park shall:
A.
Buildings and other property.
(1)
Disfiguration and removal. Willfully mark, deface,
disfigure, injure, tamper with or displace or remove any building,
bridges, tables, benches, fireplaces, railings, paving or paving material,
waterlines or other public utilities or parts or appurtenances thereof,
signs, notices or placards, whether temporary or permanent, monuments,
stakes, posts or other boundary markers or other structures or equipment,
playground equipment, facilities or park property or appurtenances
whatever, either real or personal.
(2)
Removal of natural resources. Dig or remove any sand,
soil, rock, stones, trees, shrubs or plants, timber or other wood
or materials or make any excavation by tool, equipment, blasting or
other means or agency.
(3)
Erection of structures. Construct or erect any building
or structure of whatever kind, whether permanent or temporary in character,
or run or string any public service utility into, upon or across such
lands, except on special written permit issued by the Director.
B.
Trees, shrubbery and lawns.
(1)
Injury and removal. Damage, cut, carve, transplant
or remove any tree or plant or injure the bark or pick the flowers
or seeds of any tree or plant, nor shall any person attach a rope,
wire or other contrivance to any tree or plant. A person shall not
dig in or otherwise disturb grass areas or in any other way injure
or impair the natural beauty or usefulness of any area.
(2)
Climbing trees. Climb a tree or walk, stand or sit
upon monuments, vases, fountains, railings, fences or upon any other
property not designated or customarily used for such purposes.
No person in a park shall:
A.
Pollution of waters. Throw, discharge or otherwise
place or caused to be placed in the waters of any fountain, pool,
pond, stream or other body of water in or adjacent to any park or
any tributary, stream, storm sewer or drain flowing into such waters
any substance, matter or thing, liquid or solid, which will or may
result in the pollution of said waters.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Refuse and trash. Have brought in or shall dump, deposit
or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt,
rubbish, waste, garbage or refuse or other trash. No such refuse or
trash shall be placed in any waters in or contiguous to any park or
left anywhere on the grounds thereof, but it shall be placed in the
proper receptacles where these are provided. Where receptacles are
not so provided, all such rubbish or waste shall be carried away from
the park by the person responsible for such presence and properly
disposed of elsewhere.
C.
Animal waste. Fail to immediately remove and lawfully
dispose of any feces left in any park by a dog owned by such person
or under their control. This regulation shall not apply to a dog accompanying
any handicapped person who, by reason of their handicap, is physically
unable to comply with the requirements of this subsection.
[Added 1-9-1984 by Ord. No. 84-61]
A.
B.
Obey traffic signs. No person in a park shall fail
to observe carefully all traffic signs indicating speed, direction,
caution, stopping or parking and all others posted for proper control
and to safeguard life and the property.
C.
Speed of vehicles. No person in a park shall ride
or drive a vehicle at a rate of speed exceeding the posted speed for
any park.
D.
Operation of vehicles. No person in a park shall drive
any vehicle, excepting bicycles, on or in any area except public ways
and paved park roads or parking areas or such other areas as may,
on occasion, be specifically designated as temporary parking areas
by the Director. Snowmobiles may be allowed on certain trails in City
parks where such trails serve to interconnect other snowmobile trails
not in City parks and where the Director of Parks and Recreation has
designated such trails for such purpose after finding that it is compatible
with the use of such park trails by the public for other purposes.
Excepting bicycles, only vehicles property licensed and registered
for operation on public ways and operated by persons properly licensed
under the laws of the State of Maine shall be permitted in any parking
area.
[Amended 2-9-2009 by Ord. No. 09-062]
E.
Parking.
(1)
No person in a park shall:
(a)
Designated areas. Park a vehicle in other than
an established or designated parking area, and such use shall be in
accordance with the posted directions thereat and with the instructions
of any attendant who may be present.
(b)
Night parking. Leave a vehicle standing or parked
at night within any park after 10:00 p.m. Eastern standard time or
daylight saving time, as may be then in effect.
[Amended 2-22-1993 by Ord. No. 93-139; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(2)
Exceptions. There shall be no parking between the
hours of sunset and sunrise in the Kenduskeag Stream Park, including
park easement areas as shown on a plan entitled "Kenduskeag Stream
Park, Phase I," dated November 3, 1975, consisting of four sheets
on file in the office of the City Engineer, City Hall, Bangor. Areas
of the park affected by this prohibition shall be posted with signs
which read: "No parking sunset to sunrise." The time of sunrise and
sunset shall be as reported in the Maine Farmers Almanac.
(3)
Enforcement.
(a)
The laws of the State of Maine shall, where
applicable in parks, be enforced in the manner provided by law. City
ordinances and rules and regulations of the park shall be enforced
in the manner provided therein.
(c)
The Parks and Recreation Director or their authorized representative and the Bangor Police Department are authorized to issue parking tickets for violations of this Subsection E.
(d)
Removal of unauthorized vehicles. Any vehicle found in violation of this § 231-5 may be removed and impounded in accordance with the procedures established under Chapter 291, Vehicles and Traffic, § 291-43D.
[Amended 9-13-1993 by Ord. No. 93-408; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
F.
Bicycles. No person in a park shall:
(1)
Confined to roads. Ride a bicycle on other than a
paved vehicle road or path designated for that purpose. A bicyclist
shall be permitted to wheel or push a bicycle by hand over any grassy
area or wooded trail or any paved area reserved for pedestrian use.
(2)
Operation. Ride a bicycle other than on the right-hand
side of the road paving as close as conditions permit, and bicycles
shall be kept in a single file when two or more are operating as a
group. Bicyclists shall at all times operate their machines with reasonable
regard as to the safety of others, signal all turns, pass to the right
of any vehicle they are overtaking and pass to the right of any vehicle
they may be meeting.
[Amended 9-14-1998 by Ord. No. 98-339]
(3)
Designated racks. Leave a bicycle at a place other
than a bicycle rack when such is provided and there is space available.
(4)
Immobile bicycles. Leave a bicycle lying on the ground
or paving or set against trees or in a place or position where other
persons may trip over or be injured by it.
No person in a park shall:
A.
Bathing and swimming.
(1)
Designated areas. Swim, bathe or wade in the waters
of any fountain, pond, pool, stream or other body of water in or adjacent
to any park or any tributary, stream, storm sewer or drain flowing
into such waters, except in such waters and in such places as are
specifically provided for swimming or bathing purposes and in compliance
with such regulations as are herein set forth or may hereafter be
adopted by the Director, nor shall any person frequent any waters
or places customarily designated for the purposes of swimming or bathing
or congregate thereat in such activities prohibited by the Director
upon finding such use of the water would be dangerous or otherwise
inadvisable.
(2)
Certain hours. Frequent any waters or places designated
for the purposes of swimming or bathing or congregate thereat except
between such hours of the day and on such conditions as shall be designated
by the Director for such purposes for each individual park area.
B.
Hunting and firearms. Hunt, trap or pursue wildlife
at any time. No person shall use, carry or possess firearms of any
description or air rifles, spring guns, bows and arrows, slings or
other forms of weapons potentially inimical to wildlife and dangerous
to human safety or any instrument than can be loaded with and fire
a blank cartridge or any kind of trapping device. Shooting in park
areas as defined herein is strictly forbidden.
C.
Camping. Set up tents, shacks or any other temporary
shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structures or special
vehicle that could be used for such purposes as a house trailer, camp
trailer, tent or the like. Exception from the prohibitions of this
subsection is made for camping trailers and/or vehicles parked at
Bass Park in conjunction with organized activities, including harness
racing, as may be approved by the Director.
[Amended 6-23-1987 by Ord. No. 87-209; 9-14-1998 by Ord. No. 98-339; 10-13-2004 by Ord. No. 04-292; 10-14-2009 by Ord. No. 09-293; 8-22-2016 by Ord. No. 16-315]
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 public park, as defined by § 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.
(1)
"Smoking"
defined. "Smoking" includes carrying or having in one's possession
a lighted or heated cigarette, cigar, or pipe or a lighted or heated
tobacco or plant product intended for human consumption through inhalation
whether natural or synthetic in any manner or in any form. "Smoking"
includes the use of an electronic smoking device.
(2)
Prohibition.
Smoking in a public park that has amenities specifically constructed
for use by children, including, but not limited to, playgrounds. swimming
pools, sporting fields and buildings shall be prohibited. This shall
include Hayford's Park, Bangor Garden Playground, Broadway Park, Coe
Park, Chapin Park, Fairmount Park, Hayford's Field, Little City Park,
J.J. Williams Park, Second Street Playground, Essex Street Recreation
Area (Penjajawoc Park), Stillwater Park Playground, and Union Street
Recreational Area.
C.
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.
D.
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.
Except in conjunction with supervised activities
under the general control and supervision of the Director and in particular
activities conducted at Bass Park, no person in a park shall:
A.
Vending and peddling. Expose or offer for sale any
article or thing, nor shall they station or place any stand, cart
or vehicle for the transportation, sale or display of any such article
or thing. Exception is here made as to any regularly licensed concessionaire
acting by and under the authority and regulation of the Director.
B.
Advertising. Pronounce, advertise or call to the public
attention in any way to any article or service for sale or hire.
C.
Signs. Paste, glue, tack or otherwise post any sign,
placard, advertisement or inscription whatever, nor shall any person
erect or cause to be erected any sign whatever on any city-owned lands
or highways or roads adjacent to a park. Exception from the prohibitions
of this subsection is made for the posting of such notices as may
be required by this chapter.[1]
[1]
Editor's Note: Original Sec. 8(4), Signs at
Bass Park, as amended 12-28-1988 by Ord. No. 88-457, which immediately
followed this subsection, was repealed 9-14-1998 by Ord. No. 98-339.
D.
Exceptions. In Hannibal Hamlin Mall (Tax Map 41, Lot 71) one sign erected on behalf of the University of Maine Museum of Art at its entrance not to exceed three feet in width, three feet in depth, or eight feet in height and subject to design review and approval by the Director of Parks and Recreation, Director of Community and Economic Development, and City Manager, sponsorship signs erected by the City of Bangor in accordance with Chapter 260, § 260-13F, and temporary sidewalk (sandwich board) signs and sidewalk merchandise displays in West Market Square permitted under §§ 260-9 and 260-9.1, respectively, shall not be deemed a violation of this section.
[Added 8-25-2003 by Ord. No. 03-253;
amended 12-28-2016 by Ord. No.
17-035; 4-23-2019 by Ord. No. 19-141]
A.
Hours. With the exception of Bass Park, Broad Street Park, and the Municipal Golf Course and except as provided in Subsection B below, all parks, as defined herein, shall be open to the public every day of the year from 6:00 a.m. to 10:00 p.m., Eastern standard time or Eastern daylight time, as may be then in effect by virtue of 1 M.R.S.A. § 151. Access by the public to the Municipal Golf Course, Broad Street Park, and Bass Park shall be at such hours and on such conditions as may be established by the City Council. In the event that activities are conducted at either the Municipal Golf Course or Bass Park for which there is an admission fee charged, no member of the public shall have the right to enter said park areas without payment of such admission fee. The Director shall cause notices of the opening and closing hours to be posted in each individual park for public information purposes.
[Amended 9-14-1998 by Ord. No. 98-339; 6-22-2020 by Ord. No. 20-169]
B.
Closed areas. Any section or part of any park may
be declared closed to the public by the Director at any time for any
interval of time, either temporarily or at regular stated intervals
(daily or otherwise).
C.
Entry prohibited. Except with the written permission
of the Director, no person shall enter, pass through or remain in
any park, or the closed area of any park, except during the hours
and times when such park, or portion thereof, is open to the public
as provided in this section.
[Amended 9-14-1998 by Ord. No. 98-339]
The Director and their subordinate employees
shall, in connection with their duties imposed by law, diligently
enforce the provisions of this chapter. In addition, the Code Enforcement
Officer and the members of the Bangor Police Department shall also
have the authority to enforce the provisions of this chapter.
[Amended 1-11-1999 by Ord. No. 99-47]
Any person, firm or corporation violating any
provisions of this chapter, upon conviction thereof, shall be fined
in an amount not exceeding $100. Each day such violation is committed
or permitted to continue shall constitute a separate offense and shall
be punishable as such hereunder.