[Adopted 10-2-1990 as § 08.04 of the 1990 Code; amended 5-21-1996; 10-5-1999; 6-4-2003 by Ord. No. 2003-2]
The following definitions apply to this article
and do not affect the meanings of words or terms in any other article
of this Code. As used in this article, the following terms shall have
the meanings indicated:
AMPLIFIED ACOUSTIC INSTRUMENT
Any musical instrument designed to be played without mechanical
amplification but that can also be connected to an amplifier; these
may include, but are not limited to, acoustic guitars, violins/fiddles,
upright/acoustic bass, mandolins, banjos, etc. Instruments designed
to be played only with mechanical amplification are excluded.
[Added 5-18-2021 by Ord. No. 2021-04]
COMPLAINT
A verbal or written notice received by the Police Department
from a member of the public or from a police officer that, in the
opinion of the complainant, the licensee violated this article.
DECIBEL
The practical unit of measurement for sound-pressure level.
The number of decibels of a measured sound is equal to 20 times the
logarithm to the base 10 of the ratio of the sound pressure of the
measured sound to the sound pressure of a standard sound (20 micropascals),
abbreviated dB. The abbreviation dB(A) shall refer to readings taken
on the A-weighted scale.
ENTERTAINMENT
Any amusement, performance, exhibition or diversion for patrons
or customers of the licensed premises, whether provided by professional
entertainers or by full-time or part-time employees of the licensed
premises whose incidental duties include activities with an entertainment
value.
LICENSED PREMISS
The physical location described in the special amusement
permit application.
LICENSEE
The holder of a license issued pursuant to the provisions
of 28-A M.R.S.A., Liquors, as amended, or any person, individual,
partnership, firm, association, corporation or other legal entity
acting as agent or employee of any holder of said license.
LICENSEE'S MANAGE
Person in charge of the licensed premises, including, by
way of example and without limitation, manager, partner, agent, employee
or person otherwise authorized to oversee the operation of the licensed
premises in the absence of the licensee.
MUSICIAN
One who performs music, whether instrumental or vocal.
OWNER
The person or persons having the right of legal title to
or the beneficial interest in a building or parcel of land, as their
interest is recorded in the tax records of the Town of Bar Harbor.
VIOLATION, FIRST
A first violation is deemed to have occurred if a police
officer concludes that there are reasonable grounds to believe that
a violation of this article has occurred and within the immediately
preceding 12 months a licensee has received no summonses and no written
warnings for violation of this article. Special amusement warnings
and summonses issued prior to January 1, 2003, shall not be considered
as within said twelve-month period.
VIOLATION, SECOND
A second violation is deemed to have occurred if a police
officer concludes that there are reasonable grounds to believe that
another violation of this article has occurred, less than 12 months
have elapsed since the first violation, and the licensee has received
written warning of a first violation; provided, however, that if a
second violation occurs within five calendar days after the first
violation, the verbal warning previously issued to the licensee or
licensee's manager shall be sufficient.
VIOLATION, SUBSEQUENT
A subsequent violation is deemed to have occurred if a police
officer concludes that there are reasonable grounds to believe that
another violation of this article has occurred, less than 12 months
have elapsed since the first violation, and the licensee has received
written warning of a third violation; provided, however, that if a
subsequent violation occurs within five calendar days after the third
violation, the verbal warning previously issued to the licensee or
licensee's manager shall be sufficient.
VIOLATION, THIRD
A third violation is deemed to have occurred if a police
officer concludes that there are reasonable grounds to believe that
another violation of this article has occurred, less than 12 months
have elapsed since the first violation, and the licensee has received
written warning of a second violation; provided, however, that if
a third violation occurs within five calendar days after the second
violation, the verbal warning previously issued to the licensee or
licensee's manager shall be sufficient.
[Amended 11-20-2012 by Ord. No. 2012-07; 5-18-2021 by Ord. No. 2021-04]
An applicant for a special amusement permit
hereunder shall, as part of his/her application, demonstrate his/her
ability to prevent the emanation of excessive noise from the premises
sought to be licensed brought about by music, dancing or entertainment,
except for a radio or other mechanical device excluded under 28-A
M.R.S.A. §1054 or amendments thereto. Amplified outdoor music
shall be limited to "amplified acoustic instruments" as defined in
this chapter and one vocal microphone per performer; all outdoor amplification
must adhere to this chapter. The performance of nonamplified music
out of doors by licensees is prohibited between the hours of 10:00
p.m. and 9:00 a.m. The performance of amplified music out of doors
by licensees is prohibited between the hours of 9:00 p.m. and 11:00
a.m.
A. Sources of noise. Sources of noise contemplated by
this section shall include musical instruments, sound modification
or amplification devices used in connection with musical instruments
and/or other similar devices which produce, reproduce or amplify sound
created by musical instruments. Sources of noise shall further include
any noise or sound produced directly or indirectly by the applicant's
music, dancing or entertainment except for those mechanical devices
specifically excluded under 28-A M.R.S.A. § 1054 or amendments
thereto.
B. Noise. Sources of noise shall be required to be muffled
so as not to be objectionable due to intermittence, beat, frequency,
shrillness, intensity or volume.
C. Noise control. The maximum permissible sound-pressure level of any continuous, regular, frequent, intermittent or periodic source of noise produced by any activity regulated by this article shall not exceed 71 dB(A) at any time at the measuring locations specified in §
14-6D(3)(e) below.
D. Measurement procedures. For the purpose of determining
noise levels as set forth in this article, the following procedures
shall be used:
(1) All personnel conducting sound measurements shall
be trained in the current techniques and principles of sound-measuring
equipment and instrumentation.
(2) Instruments used to determine sound-level measurements
shall conform to the standards of ASI Type I or Type II meters.
(3) The general steps listed below shall be followed when
preparing to take sound-level measurements:
(a) The instrument manufacturer's specific instructions
for the preparation and use of the instrument shall be followed.
(b) The sound-level meter shall be calibrated before and
after each set of measurements. The calibrator itself shall be recalibrated
at least once every year.
(c) When measurements are taken out of doors, a wind screen
shall be placed over the microphone of the sound-level meter as per
the manufacturer's instructions. No sound-level measurement shall
be taken at wind speeds greater than 12 miles per hour; neither shall
measurements be taken during periods of precipitation.
(d) The sound-level meter shall be placed as specified
by the manufacturer's instructions and at least four feet above the
ground. It shall be placed so as not to be interfered with by individuals
conducting the measurements.
(e) Measurements shall be taken at points outside the
licensed premises which are no less than five feet and no more than
10 feet from the lot lines of the licensed premises.
(f) No less than two readings taken by the sound-level
meter within a fifteen-minute period shall constitute a reasonable
basis for averaging a set of measurements. A simple arithmetic average
may be taken, summing all the measurements and dividing the sum by
the number of measurements taken. This is known as "L50 descriptor,"
representing the mean sound-pressure level which is exceeded 50% of
the time.
Regardless of whether or not the mean sound-pressure level limit as set forth in §
14-6C is exceeded, the licensee or his/her authorized representative shall not permit the use of the premises to result in any continued, excessive or loud and unreasonable noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health or safety of individuals or which results in disturbing the peace and tranquility of the neighborhood.
Any applicant requesting a special amusement
permit from the Town Council shall be notified in writing of its decision
no later than 15 days from the date his/her request was received by
the Town Council. In the event that an applicant is denied a permit,
the applicant shall be provided with the reasons for denial in writing.
The applicant may not reapply for a permit within 30 days after an
application for a permit has been denied, except with the consent
of the Town Council.
Any applicant who has requested a permit and
has been denied or licensee whose permit has been revoked or suspended
may, within 30 days of denial, suspension or revocation, appeal the
decision as provided by Title 28-A MRSA § 1054.
A licensed hotel, Class A restaurant, Class
A tavern or restaurant malt liquor licensee who has been issued a
special amusement permit may charge admission in designated areas
approved by the municipal special amusement permit.
The invalidity of any provision of this ordinance
shall not invalidate any other part.