[HISTORY: Adopted by the Town Council of the Town of Winslow as indicated in article histories. Amendments noted where applicable.]
[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.[1]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[1]
Editor's Note: Original § 8-2, Loitering prohibited; penalty; dispersal, added by Town Warrant 3-15-1949, Art. 37, which immediately followed this section, was repealed 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.[1]
[1]
Editor's Note: Original § 8-4, Abandoned refrigerators; penalty, added by Town Warrant 3-10-1958, Art. 99, § 8-5, Street closings for sliding, added by Town Warrant 3-8-1954, Art. 9, and § 8-6, Driving vehicles on sidewalk, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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.[1]
[1]
Editor's Note: Original § 8-8, Curfew, added by Town Warrant (Book 8), Art. 37, and § 8-9, Smoking prohibited at Council sessions, added 12-30-1974 by Ord. No. 37-1974, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[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:
PRIVATE PLACE
Any place that is not a public place.
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.