[HISTORY: Adopted by the City Council of
the City of Bangor as Ch. VI, Art. 9, Secs. 1, 2 and 4. Amendments
noted where applicable.]
[Amended 4-13-1964]
A.
The City Council or any person authorized by it shall
have the power to make alterations in the sidewalks within the City
as the public convenience shall require.
B.
Installation of curbs. The City Engineer is authorized
to lay down edge or curb stones for sidewalks on all streets that
are or shall be graded, provided that the owners of land on said streets
will complete the sidewalks to the acceptance of the City Engineer.
[Amended 4-13-1964; 1-27-1992 by Ord. No. 92-60; 9-14-1998 by Ord. No. 98-339; 12-26-2001 by Ord. No.
02-37; 8-27-2018 by Ord. No. 18-316]
A.
Applicability. This section shall apply to any owner, tenant, firm,
corporation, and/or other occupant of any property located on the
streets in the Downtown Parking Management District.
B.
Snow removal. The owner, tenant, firm, corporation, and/or other occupant having control or management of any property bordering upon any street or square designated in Subsection A shall remove all snow and ice from any adjacent sidewalk and any adjacent alley, including private alleys, within six hours after the end of a precipitation event, except that if the precipitation ends after 6:00 p.m., then the snow and ice shall be removed before 1:00 p.m. on the following day. Additionally, the owner, tenant, firm, corporation, and/or other occupant shall have a continuing duty to keep said sidewalks and alleys free and clear of snow and ice and shall maintain adequate accessibility to said sidewalks and alleys from the street.
C.
Ice control. Whenever any ice forms upon a sidewalk or private alley, the owner, tenant, firm, corporation, and/or other occupant having control or management of any property bordering upon any street or square designated in Subsection A shall cause such ice on said adjacent sidewalks or alleys to be removed or to be covered or strewed with sand or other substances in such manner as to allow safe and easy travel on such sidewalk or in such alley.
D.
Prevention of rooftop snow slides. The owner, tenant, firm, corporation, and/or other occupant having control or management of any property bordering upon any street designated in Subsection A shall install roof railings or other protection satisfactory to the Code Enforcement Officer to prevent the slide of snow and ice from the roofs into the street or sidewalk.
E.
Clearing by City. If any owner, tenant, firm, corporation, and/or other occupant having control or management of a property bordering upon any street designated in Subsection A fails to cause the removal of snow within the time provided in this section or fails to remove or control ice forming upon the sidewalk in front of such property, the City Manager may direct the City's Public Works Director to cause the removal or control of such snow or ice, and the owner, tenant, firm, corporation, and/or other occupant shall be jointly and severally liable to repay the City of Bangor all reasonable charges therefor.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
F.
Violations and penalties. In addition to Subsection E, any owner, tenant, firm, corporation, and/or other occupant who violates any provision of this section shall be subject to a civil fine, upon conviction, of not less than $100 per offense. For this purpose, each day on which a violation shall occur or continue shall constitute a separate offense.
[Amended 1-27-1992 by Ord. No. 92-60; 9-14-1998 by Ord. No. 98-339; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person who willfully, wittingly or carelessly
injures, defaces or makes any alteration in any sidewalk or sets any
post, tree or tree alteration in any sidewalk or sets any post, tree
or tree alteration in any part of the streets of the City without
the consent of the City Council shall forfeit and pay a sum not less
than $50 for each and every day that the violation continues.
[Amended 4-14-1986 by Ord. No. 86-132; 9-9-2019 by Ord. No.
19-328]
No person shall occupy, block, obstruct or otherwise
use any portion of a City sidewalk, esplanade or street for the storage
of materials or the erection of staging, ladders, scaffolding or other
building equipment, including machinery and vehicles, without first
obtaining a license from the Code Enforcement Officer covering the
period of said occupancy.
A.
Licensee to assume risk. Any person who acquires a
license for the use of a portion of the sidewalk or street as outlined
above shall so occupy said sidewalk or street at their own risk and
shall be responsible for any property damage or bodily injury caused
by their operations.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Pedestrian safety to be assured. All operations within
a right-of-way shall be conducted in such a manner as to ensure the
safe passage of pedestrians around the occupied area. Suitable precautions
shall be taken, as may be directed by the Code Enforcement Officer,
to protect the public from possible falling objects, and a suitable
walkway shall be provided around the area occupied. A pedestrian walkway
at least five feet in width shall be maintained at all times and,
where such walkway is located within a street, it shall consist of
a solid wood platform raised at least four inches above the roadway
surface. A suitable handrail shall be provided along both sides of
the walkway, and the traffic side of the walkway shall be marked with
signs, flags or lights as may be required. The temporary walkway shall
be maintained free of snow or ice at all times.
C.
Use of metered parking spaces. When the sidewalk occupancy
involves the use of metered parking spaces, the licensee shall notify
the Chief of Police, who shall remove or cover the meter heads. Said
metered parking spaces shall not be used by the licensee or any other
person for the parking of personal vehicles.
D.
Notice of violation. The licensee shall correct any
violation of their use of the right-of-way within 24 hours after notice
from the Code Enforcement Officer or their agent. Failure to make
such corrections within that time will result in the revoking of said
license, and the licensee shall be required to vacate the right-of-way
immediately. If, because of the extent of their operation, it is impractical
or impossible for the licensee to immediately vacate the right-of-way,
then said corrections will be made by the City and the cost will be
billed to the licensee.
E.
Penalty. Any person, firm or corporation who or which
shall violate any provision of this section or fail to comply with
any of its requirements may, upon conviction thereof, be punished
by a fine of not less than $50 for each offense. Each day of said
violation or noncompliance shall constitute a separate offense. Any
person, firm or corporation so convicted shall not hereafter be granted
a license to occupy the right-of-way without the prior approval of
the City Council.
[Amended 9-14-1998 by Ord. No. 98-339; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
[Added 6-10-2013 by Ord. No. 13-182]
A.
Intent. It is the intent of this section to impose reasonable limitations
on solicitation in order to protect the safety of the general public
against unreasonable solicitation while respecting the constitutional
right of free speech.
B.
DONATION
SOLICITATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A gift of money or other item of value.
Any request made in person seeking an immediate donation
of money or other item of value.
C.
Unreasonable solicitation. It is unlawful for a person to engage
in unreasonable solicitation. "Unreasonable solicitation" means to
do one or more of the following while engaging in solicitation or
immediately thereafter:
D.
Penalties. Any person who engages in unreasonable solicitation, as
defined herein, shall be guilty of a violation of this section and,
upon conviction, shall be punished by a fine of not less than $25
nor more than $150 for each offense. The City may also seek and the
court may order injunctive relief designed to prevent any further
violations of this section.
[Added 9-9-2019 by Ord.
No. 19-328]
A.
The purpose of this section is to facilitate installation of communications
networks and other utilities, while protecting the City's investments
in its rights-of-way and the aesthetics thereof.
B.
Permit required. No person may occupy, block, obstruct, or otherwise
use any portion of a City sidewalk, esplanade or street for utility
purposes without first obtaining a right-of-way permit from the City
Engineer as set forth herein.
C.
Scope. This section applies to any use of a right-of-way for a utility,
with the exception of the following:
(2)
Utilities located on a pole, for those portions of the use that are
located on a pole placed pursuant to a City-issued pole permit.
(3)
Utilities and other uses with an easement for the area in question,
to the extent their occupancy and activities meet the terms of the
easement.
(4)
Cable television companies permitted under a franchise agreement
with the City, in accordance with 30-A M.R.S.A. §§ 3008
and 4362.
(6)
State-maintained highways outside of the urban compact area.
(7)
Uses of the City of Bangor and their agents.
D.
Application.
(1)
The applicant shall submit an application in a form as required by
the City Engineer, together with any plans, specifications, and attachments
as the City Engineer may require.
(2)
The applicant must meet all relevant requirements of 35-A M.R.S.A.
§ 2503. The applicant may choose to give written notice
by publication in accordance with § 2503(2).
(3)
The applicant must also submit a fee as set by the City Council in
the City's Schedule of Fees.
E.
Review. All administrative powers and authority vested in the City
Council to grant or deny the permit required hereunder shall be delegated
to the City Engineer.
(1)
Once the application is deemed complete by the City Engineer and the fee paid, the City Engineer shall inquire of such departments and divisions as they may deem appropriate as to whether a permit may be granted consistent with the laws and ordinances enforced by such departments and the criteria set forth in subsection F. The departments and divisions consulted shall include, but are not limited to, the following:
(2)
The City Engineer shall make a decision on the application within
60 days of the application being deemed complete or the application
is deemed granted.
F.
Criteria.
(1)
Travel. The utility may not interfere with pedestrian or vehicular
travel over the right-of-way. The utility must leave an adequate unobstructed
travel aisle for the use of the sidewalk for pedestrian traffic.
(2)
Durability. The utility must be installed in durable and secure manner,
and any base or fixture to which the utility is attached must be sufficiently
durable, all to the satisfaction of the City Engineer.
(3)
Location.
(a)
In areas of the City where electrical utilities have been put
underground such that there are decorative streetlight poles and no
other utility poles, utilities must meet the following requirements:
[1]
The utility must be placed underground. Underground work must
be done pursuant to a street opening permit if one is required.
[2]
If the utility cannot be placed underground, it must be incorporated
into the existing decorative pole in a manner that does not substantially
alter the appearance of the decorative pole. A Design Committee composed
of the City's Planning Officer, Chief Code Enforcement Officer, and
Director of Community and Economic Development or their designees
shall determine whether the appearance of the decorative pole would
be substantially altered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[3]
If neither of the options under Subsection F(3)(a)[1] or [2] is technically feasible, the utility must be incorporated into a new streetlight pole that is of substantially similar design as existing City decorative streetlight poles. A Design Committee composed as indicated in Subsection F(3)(a)[2] shall determine whether the pole is of substantially similar design.
(b)
In areas where Subsection F(3)(a) does not apply, utilities must be mounted on existing poles, buildings, or other structures where feasible.
[1]
Where such uses are proposed as stand-alone facilities, the
applicant must make a showing that it is not practical to locate on
another structure.
[2]
For proposed new support structures, including but not limited
to new utility poles, the applicant must agree to reasonable requests
for co-location.
(c)
In addition to the requirement set out in Subsection F(3)(a) and (b) above, the location of any new stand-alone facilities must be approved by the City Engineer and a Design Committee, composed as indicated in Subsection F(3)(a)[2]. In determining whether to approve the new facilities, the City Engineer and Design Committee shall take into account the demonstrated need for the new facilities, safety concerns, and similarity to nearby structures and other aesthetic considerations.
(4)
The City Engineer may impose additional reasonable conditions of
approval in keeping with the terms of this section.
G.
Permit requirements.
(1)
The permittee must complete installation of the utility within six
months of the permit being granted. The City Engineer may issue one
or more six-month extensions on good cause shown.
(2)
Installation of the utility must be completed within 30 days after
work is begun.
(3)
No work may be performed between November 1 and April 30, apart from
maintenance activity that cannot be delayed until after April 30.
(4)
The permittee must provide for maintenance and repair of the installed
utilities.
(5)
The permittee must remove the utility and restore the area to its
original condition if the utility is abandoned or becomes obsolete,
or if it is reasonably necessary to allow the City to undertake work
in the right-of-way. The permittee must remove a utility and restore
the area within one year of the utility being abandoned or becoming
obsolete.
(6)
The City Engineer may impose additional permit requirements in keeping
with the terms of this section.
H.
Enforcement.
(1)
Any person who is found to be in violation of any provision or requirement
of this section shall be subject to a civil penalty as set forth in
30-A M.R.S.A. § 4452. Each violation of a separate provision
or requirement, and each day of violation, shall constitute a separate
offense.
(2)
In addition or alternative to the penalties found in Subsection H(1), the City Engineer may, after notice and hearing, suspend or revoke a permit granted under this section.
(3)
The City Engineer is responsible for enforcing the provisions of
this section. They may make procedural rules to assist in administering
and enforcing the provisions of this section. Failure to follow such
rules may result in a permit not being granted or an existing permit
being suspended or revoked.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
I.
Appeals.
(1)
An abutter or owner of facilities may file a written objection in
accordance with § 2503, Subsection 3. If a written objection
is filed, the City Engineer shall hold a hearing in accordance with
§ 2503, Subsection 4,[1]and shall render a written decision.
[1]
Editor's Note: See 35-A M.R.S.A. § 2503, Subsections
3 and 4, respectively.
(2)
In the event of denial of an application or of a written objection under Subsection I(1), the City Engineer shall give the applicant and any objecting party written notice of the reason or reasons for their decision sufficient to apprise the applicant, objecting party, and any interested member of the public as to the basis for their decision.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
The decision of the City Engineer shall be filed with all parties
and the City Clerk within one week from the date of the decision.
(4)
Appeals may be taken in accordance with 35-A M.R.S.A. § 2503,
Subsection 13.
