[Adopted 10-2-1990 as § .08.06 of the 1990 Code]
The purpose of this chapter is to regulate businesses
in Bar Harbor which offer food and/or merchandise for sale so as to
prevent, to the extent possible, the congestion of pedestrian and/or
vehicular traffic; to keep public ways as clean as possible and free
of discarded food, merchandise, wrappings, bags, packages and other
items of litter; to protect public safety; and to improve aesthetics
and maintain the appearance of the Town.
[Amended 4-20-1993]
As used in this chapter, the following terms
shall have the meanings indicated:
A space totally enclosed by walls, a floor or slab, and a
ceiling or roof. The walls may be interrupted only by permanently
installed operable or fixed windows or doors.
Includes the wares, goods and/or commodities customarily
bought and sold, either at retail or wholesale, by merchants in the
exercise of trade or business.
Any area visible from any public street, sidewalk, way or
park that is not fully enclosed within a structure.
Any outdoor display of goods, materials, merchandise, or other stock-in-trade intended for sale, exchange or advertising purposes, but not including a sign as defined in Chapter 125, § 125-109, of this Code or otherwise lawful outdoor seating provided by a restaurant. A vending machine constitutes an outdoor display.
Includes individuals, firms, associations, partnerships,
corporations, trusts and other legal entities.
The exchange of any item of merchandise or food for any form
of money, whether at retail or wholesale, regardless of whether a
profit is made.
Anything constructed or erected, the use of which requires
location on, above or below the surface of the ground or any body
of water, or which is attached to something having a location on,
above or below the surface of the ground or any body of water.
Structures which are designed to be or are equipped with
wheels so as to be readily movable from one location to another or
structures which are constructed in any other manner as to be readily
movable from one location to another.
[Amended 4-20-1993]
A.
Food to be sold and merchandise to be sold, leased
or rented within structures.
[Amended 4-2-1998; 3-6-2007 by Ord. No. 2007-01]
(1)
Except for sales conducted at farmers' markets that comply with Chapter 125, Land Use, it shall be unlawful for any person or persons conducting or causing to be conducted any business within the Town of Bar Harbor to offer or cause to be offered for sale, either at retail or wholesale, items of food to persons without providing the following facilities with respect to the sale of said food: an area and/or means of consuming said food on the premises where sold.
(2)
The structure in or from which said items of food
are sold or merchandise is sold, leased or rented shall be so constructed
as to be permanently attached to the land on which it is located and
not of a movable or portable nature.
B.
Use of streets, sidewalks and parks for sales and
displays prohibited. It shall be unlawful for any person within the
Town of Bar Harbor to offer or cause to be offered for sale any food
or merchandise:
C.
(1)
Outdoor seating at restaurants. Be deemed to prohibit
restaurants from providing outside seating on private property so
long as such seating complies will all other codes, ordinances and
laws.
(2)
Eleemosynary, educational and philanthropic organizations. Apply to sales conducted by eleemosynary, educational and philanthropic organizations with the written permission of the Town Council of Bar Harbor, or in the case of public parks as defined by § 144-4, with the permission of the permitting authority responsible for issuing a special event permit under § 144-25, which permission shall be given by said Council or permitting authority upon a finding that:
[Amended 3-4-2003 by Ord. No. 2003-1]
(a)
The organization conducting the sale is in fact eleemosynary,
educational or philanthropic;
(b)
The sale will be of a temporary nature lasting not
more than two days;
(c)
The sale will not be conducted in such a manner and/or
place as to create congestion of the public streets, sidewalks or
other public ways; and
(d)
Said sale would not be in violation of any state statute
or other local ordinance, rule or regulation.
(3)
Vending machines. Be construed to prohibit outdoor
vending machines on private property.
[Amended 4-20-1993; 5-18-1993]
A.
No merchant, storekeeper, shopkeeper or operator of
any business, calling or pursuit shall, by himself or by another under
his direction, stand or remain in any public street, sidewalk or park,
or in any doorway or other place adjacent to a public street, sidewalk
or park, within the Town of Bar Harbor and by calls, cries, ringing
of bells, blowing of horns, or by the operation of any noisemaking,
noise-producing or noise-amplifying device, or by reaching out into
the street, sidewalk or other place adjacent to a public street or
sidewalk, attract attention to or solicit passersby to enter into
any street, shop, or place of business or commercial pursuit.
B.
Airborne advertising prohibited. No person shall by
himself, or by another under his direction, operate an aircraft for
the purposes of towing or otherwise displaying banners or signs in
a manner to attract the attention of users or inhabitants of public
or private lands within the Town of Bar Harbor.
[Added 4-20-1993]
All outdoor displays, as defined by this chapter
and occurring in the area described in Subsection A, are subject to
the requirements set forth in Subsection B:
A.
Regulated area. The requirements set forth in Subsection B shall apply to all outdoor displays on both sides of the street within the following portions of the Shoreland General Development I and Downtown Village Districts:
[Amended 6-8-2010]
(1)
Main Street from West Street south to Atlantic Avenue
and Newton Way;
(2)
Mount Desert Street from Main Street west to School
Street;
(3)
Cottage Street from Main Street west to Rodick Street;
and
(4)
West Street from the Town Pier west to the Downtown
Village District boundary between lots 3-4-10 and 3-4-11.
B.
Outdoor display regulations.
(1)
Three-foot setback. Outdoor displays shall be set
back three feet from the front property lines.
(2)
Facades and doorways. Regardless of building setback,
no merchandise or outdoor display shall be attached, hung or affixed
to any door, doorway or outdoor surface of any building facade.
(3)
Exits and exit discharges. No merchandise shall be displayed within the exit or exit discharge of any building. For purposes of this section, the terms "exit" and "exit discharge" shall have be defined as in such edition of the Code for Safety to Life in Buildings and Structures (ANSI/NFPA 101) published by the National Fire Protection Association as may be adopted by the Bar Harbor Town Council pursuant to Chapter 36 of the Bar Harbor Code or as may be required or recognized by the State of Maine.
[Amended 4-20-1993]
A.
Code Enforcement Officer. The provisions of this chapter shall be enforced by the Code Enforcement Officer pursuant to Chapter 125, Article X of this Code and 30-A M.R.S.A. § 4452, as the same may be amended, provided that neither the Code Enforcement Officer nor the Town Council shall permit a consent decree which has the effect of allowing a violation of this chapter to continue.
B.
Nuisance. In addition to any other penalty provided
by the law, the commission of acts prohibited by this chapter shall
constitute a nuisance and may be abated by the Town seeking an injunction
to prohibit further and continued violation thereof.
C.
Each day separate offense. Each day that such unlawful
act or violation continues shall be considered a separate offense.
