[Adopted by Town Warrant 3-8-1920, Arts. 7, 23, 43, 44 and 46 (Ch. 8, Art. I, of the 1976
Code)]
[Added 9-10-1990 by Ord.
No. 4-1990; amended 10-10-1995 by Ord. No. 1-1995]
A. It shall be unlawful for any person
to discharge a firearm as defined in Title 17A M.R.S.A. § 2,
Paragraph 12A (definition attached) in the following areas of the
Town of Winslow:
Benton Avenue from the intersection of the Winslow/Waterville
Bridge west to the Kennebec River and north to the urban compact line,
at the Winslow/Benton Town line. South on the east side of Benton
Avenue to the intersection of the Heywood Road; east on the Heywood
Road to the Sebasticook River to include the south side of the Heywood
Road, to follow the west side of the Sebasticook River, 15 feet from
the normal high water mark, south to the west side of Mile Brook,
the north side of the Dunbar Road west to the intersection of the
Augusta Road, to follow the west side to Chaffee Brook north side,
west to the Kennebec River, east side, north to the Winslow/Waterville
bridge, except that it shall not be a violation of this section to
discharge a firearm under the following conditions:
(1) In the protection of life.
(2) Law enforcement officers in
the performance of their duties.
(3) An established firing range
or educational program properly supervised.
(4) Military functions, parades,
funerals.
(5) The killing of nuisance animals
pursuant to 12 M.R.S.A. § 12401, and pursuant to any federal
permits received by any landowner to kill nuisance birds or animals.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B. Severability. If any provision
or clause of this section or application thereof to any person or
circumstances is held invalid, such invalidity shall not affect other
provisions or applications of the article which can be given effect
without the invalid provision or application and to this end the provisions
of this section are declared severable.
C. Penalty. Any person or persons
who violate this section shall be subject to a fine or civil penalty
of not less than $50 nor more than $250 and, notwithstanding any other
penalty provisions provided by this section, the Town Council may
institute any and all actions and proceedings, either legal or equitable,
including seeking injunctions for violations and including the imposition
of fines and civil penalties, damages, costs, expenses and attorney's
fees that may be appropriate and necessary to enforce the provisions
of this section in the name of the Town of Winslow and/or to collect
or enforce any damages or claims related thereto.
D. Definition of 17-A M.R.S.A. § 2,
Subsection 12-A.."Firearm" means any weapon, whether loaded or unloaded,
which is designed to expel a projectile by the action of an explosive
and includes any such weapon commonly referred to as a pistol, revolver,
rifle, gun, machine gun or shotgun. Any weapon which can be made into
a firearm by the insertion of a firing pin, or other similar thing,
or by repair, is a firearm.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No person shall sweep, place or deposit any dirt, soot, ashes,
shavings, papers, hair, manure, shells, cans or any rubbish, offal
or filth of any kind on any highway, street, sidewalk, court, passageway
or public place.
[Added by Town Warrant, 3-13-1950, Art. 83; amended at time of adoption of Code (see Ch.
1, General Provisions, Art. II)]
The exhibition of moving pictures on Sundays between the hours
of 1:00 p.m. and 11:30 p.m. shall be permitted in accordance with
state law.
[Amended 9-10-2001 by Ord. No. 7-2001; 2-8-2016 by Ord. No. 1-2016]
A. Title. This section shall be known
as the "Town of Winslow Noise Control Ordinance."
B. Findings and purpose. The Winslow
Town Council finds that controlling excessive noise as provided herein
is necessary to promote the health, welfare, and safety of the citizens
of the Town of Winslow. It is the purpose of this section to prevent
any person from making, continuing, or causing noise that unreasonably
interferes with the comfort, health, or safety of others within the
Town of Winslow.
C. Definitions. As used in this section,
the following terms shall have the meanings indicated:
PUBLIC PLACE
A place to which the public at large or a substantial group
has access, including but not limited to:
(1)
Public ways: public way means any public highway or sidewalk,
private way laid out under authority of statute, way dedicated to
public use, way upon which the public has a right of access or has
access as invitees or licensees, or way under the control of parks
and recreation authorities or a body having like powers;
(2)
Schools and government-owned custodial facilities; and
(3)
The lobbies, hallways or other common areas of apartment houses,
hotels, public buildings and transportation terminals.
D. Prohibition.
(1) It shall be unlawful for any
person in a public place to intentionally or recklessly cause annoyance
to others by intentionally making loud and unreasonable noises after
having been ordered by a law enforcement officer to cease the noise
or similar such noises within the past 60 days.
(2) It shall be unlawful for any
person in a private place to make loud and unreasonable noise that
can be heard by another person who is in a public place or in another
private place after having been ordered by a law enforcement officer
to cease the noise or similar such noise within the past 60 days.
(3) For the purposes of this section,
the term "noise" shall include, but is not limited to:
(a) Sounds created by radios
or other electronic or mechanical devices capable of amplifying or
projecting ambient noise, including such devices operated within motor
vehicles;
(b) Sounds created in connection
with use of vehicles or machinery between the hours of 10:00 p.m.
and 6:00 a.m.
E. Exceptions. The following are exempt from the provisions of Subsection
D above:
(1) Federal, state, and local
governmental activities, whether conducted by the governmental agency
or by a private contractor acting on the government agency's behalf,
including, but not limited to, activities of police, fire, rescue,
schools, and public works;
(2) Activities of utility agencies,
including, but not limited to, vehicles and activities for the provision
of water, electricity, telephone service, and sewer service; and
(3) Public assemblies, parades,
performances or athletic events for which a permit is required and
has been issued by the Town of Winslow. Any such noise upon the issuance
of such permit shall cease at the time as indicated on the permit.
F. Violations and penalties.
(1) The Police Department shall
be responsible for the administration and enforcement of this section,
including but not limited to the following duties and responsibilities:
(a) Investigation of complaints
of unlawful noise;
(b) Documentation of violations
of this section;
(c) Issuance of written warnings
for violation of this section; and
(d) Initiation and prosecution
of legal proceedings to enforce the provisions of this section.
(2) Any person who violates this
section shall, upon conviction, be fined a civil penalty of not less
than $100 and not more than $500 for each separate violation, which
penalty cannot be suspended. If the Town is the prevailing party to
an enforcement action, it shall be awarded reasonable attorney's fees
and associated costs.