[3-16-2021[1]]
Whereas excessive noise is a serious hazard to the public health, safety and welfare, and the quality of life; and whereas a substantial body of science and technology exists by which excessive noise may be substantially abated and whereas the citizens have a right to and should be ensured an environment free from excessive noise that may jeopardize their health or welfare or safety or degrade their quality of life; now, therefore, through this article the City of Belfast seeks to prevent excessive noise which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life.
(1) 
The City has determined, by virtue of complaints by its citizens to the Police Department and to the City Council and by complaints from downtown merchants and other communications from visitors to the City, that certain conduct being undertaken within the City is preventing persons within public places or residing within the City from fully enjoying their property and having a reasonable degree of quiet at all hours.
(2) 
The Council also determines that, to protect residents and visitors to the City from being threatened, accosted, or verbally assaulted upon the City streets and in public places described in this article, it is necessary to implement and adopt an ordinance to prevent undesirable and unwanted activities and actions, as described in this subsection, from taking place within the City.
(3) 
The Council further finds that to protect the ability for downtown merchants to attract customers and maintain a nonthreatening environment within the downtown, it is necessary to adopt reasonable regulations as provided in this article.
(4) 
The City Council further finds that existing state laws and regulations presently in effect do adequately address the difficulties experienced within the City sought to be addressed in this article and that the prosecution of such cases, when brought by officials not associated with the City, is sometimes, due to financial or time constraints or other factors or policies, not sufficiently vigorous or timely so as to meaningfully deal with the problems experienced by the City. Noise pollution is an inherently localized form of pollution and its immediate and long-term effects uniquely impact the residents and visitors of the City of Belfast.
[1]
Editor's Note: This article also superseded former Art. II, Noise and Public Conduct, adopted 5-17-1994 by Ord. No. 30-1994, amended 7-21-1998 by Ord. No. 2-1998; 3-15-2005 by Ord. No. 34-2005.
[3-16-2021]
(a) 
Any violation of this article shall be a civil violation, which shall be prosecuted through the issuance of a civil summons by the City Police Department in the same form and in the same manner of prosecution as would be the case with a civil summons. Actions shall be prosecuted by the City Attorney in the Waldo County District Court.
(b) 
For any first violation of this article, there shall be imposed a civil fine or penalty in an amount of $400. Each subsequent violation within a one-year period from the date of the first violation shall carry with it said minimum civil fine or penalty which shall increase for each subsequent conviction to a fine of $500 for each subsequent violation within the one-year period. Each day of violation shall be considered a separate violation.
(c) 
In addition to the civil penalties, for any violation of this article, the court shall require the violator to pay the City's reasonable attorneys' fees incurred in connection with the enforcement action, and in addition, the violator shall be ordered to pay the City's costs and filing fees reasonably incurred in the prosecution of this article.
[3-16-2021]
In enforcing the provisions of this article and to the extent authorized by law, it is not necessary that the victim, or person affected by a violation of this article, should make a complaint or necessarily testify in a proceeding to enforce the provisions of this article, if, from a preponderance of the evidence presented and the testimony of the investigating police officer, a court of competent jurisdiction is satisfied that a violation of this article has occurred or has taken place, taking into account the totality of the evidence presented by the City.
[3-16-2021]
Except as otherwise provided by this section, the following acts undertaken within the City are hereby declared to be a violation of this article:
(1) 
Unreasonable noise prohibited.
a. 
It shall be unlawful for any person in a public place to cause annoyance intentionally or negligently to others by making loud and unreasonable noise after having been ordered by a law enforcement officer, within the preceding seven days, to cease the noise or similar such noises, which unreasonably disturbs the peace and quiet enjoyment of that person.
b. 
It shall be unlawful for any person in a private place to make loud and unreasonable noise after having been ordered by a law enforcement officer to cease the noise or similar such noise within seven days, that can be heard by another person who is in a public place or in another private place, and which unreasonably disturbs the peace and quiet enjoyment of that person.
c. 
For the purposes of this section, the term "noise" shall include, but is not limited to:
a. 
Sound created by yelling, shouting, hooting, hollering, whistling, singing, or any other sound made or projected by radios, bullhorns, megaphones, speakers, juke boxes, or any other electronic or mechanical devices capable of amplifying or projecting sound, including such devices operated within motor vehicles; or
b. 
The increase of loudness from the ambient or background noise in excess of 20 decibels (using the "A" weighted scale, known as dBA) for a total period in excess five minutes as measured during one hour shall be deemed a violation of this article; sound shall be measured using a Type I or Type II American National Standard Institute specified sound level meter; ambient or background noise shall be established and calculated using the average lowest sound pressure level measured over a period of not less than five minutes using said Type I or II sound level meter set for slow response on the "A" weighting filter in the specific area of the City under investigation, at the general time of day and day of the week in question. Measurements using a sound meter shall take place at four feet of elevation from grade at approximately 50 feet from the source on public property, and at the boundary line of private property. Regarding loudness of sound, it is hereby noted that a rise of 10 dB in sound pressure level corresponds to a doubling of subjective loudness, such that a sound of 65 dB is approximately twice as loud as the sound of 55 dB.
(2) 
Exceptions. This noise prohibitions in this article shall not apply to sound or noise emitted from the following sources or activities:
a. 
Any bell or chime from any clock, school, or church.
b. 
Any siren, whistle, horn or bell or other noise emitted by emergency vehicles, snow removal vehicles, or other alarm systems used in the case of fire, collision, civil defense, burglary, police activity or imminent danger; however, no burglar alarm shall remain activated for more than 15 minutes.
c. 
Any activity of a temporary duration, which is permitted by law and for which a license or permit has been granted by an appropriate official from the City of Belfast, including but not limited to parades, festivals, sporting events, concerts, and fireworks. It shall only be for temporary activities of limited duration. This exception specifically does not include permits obtained through the special amusement permit process.
d. 
Any commercial and/or construction equipment, including but not limited to manufacturing plants, sawmills, generators, construction, and commercial equipment operated upon any premises during the time period from 6:00 a.m. and 10:00 p.m.
e. 
Any property maintenance power equipment, including lawnmowers, leaf blowers, and other yard or property maintenance equipment operated upon any residential, commercial, industrial, or public premises during the time period from 5:00 a.m. and 10:00 p.m.
f. 
Any federal, state, or local or private emergency work, specifically including all necessary utility repairs.
g. 
Detonation of explosives used to fragment rock for excavation and/or construction.
h. 
Any recreational and/or educational activity, including but not limited to school bands, neighborhood ball games, scholastic sporting events, snowmobiling, use of ATVs, dirt bikes, motorcycles, and recreational boats, between the hours of 6:00 a.m. and 11:00 p.m.
i. 
Aircraft, commercial tugboats, commercial fishing boats, and all legal hunting.
j. 
All private, commercial, or public deliveries, newspapers, supplies, commodities, raw materials, finished materials, oil, package deliveries, organ materials or equipment used to conduct business relating to noise emanating from any vehicle used for road maintenance, snow removal, street sweeping, trash removal, property maintenance, including emergency work and/or repair to property.
k. 
Operations relating to the United States Post Office, including vehicles used thereby.
l. 
Power plants at any time of day or night.
m. 
Noise emitted from the normal and customary operation of light manufacturing, manufacturing, processing, and commercial operations located within the City of Belfast, including but not limited to such things as deliveries, shipping of products, and refrigeration trucks.
(3) 
Any special event for which a permit has been issued by the City Council shall be exempt from the prohibitions of this article to the extent such prohibitions have been expressly modified in said permit, when it can be demonstrated that compliance with these provisions would create an undue hardship on a person or the community. A special event is hereby defined as a proposed event in which 10 or more people could reasonably be assumed to gather or participate on public streets, sidewalks, parks, public facilities, or other public land. Application shall be made pursuant to such forms as the City Council may prescribe from time to time. Any special event permit application shall be reviewed by the City Council based on the following standards and issued subject to such special conditions of approval as are reasonably related to the location of the activity in question with due consideration of the existing use and proximity of surrounding public and private properties. For example, activities unreasonably impacting such land uses as a hospital, medical or therapy clinic, school, library, commercial businesses during hours of public accommodation, access to the fire or dispatch or Sheriff's or Belfast police stations, and dense residential neighborhoods may be denied or require such restrictive special conditions as are reasonably necessary to protect the health, safety, or welfare of the citizens.
The City Council in its review of any special event application shall apply the following standards of review:
a. 
The application has been property completed and the fee paid, if required;
b. 
The event will not endanger or unreasonably interfere with the health, safety, or welfare of persons on public or private property;
c. 
Adequate security, traffic control, parking, sanitary facilities are available or will be provided;
d. 
The duration and proposed activities of the special event will not unreasonably disturb the use, peace and quiet or enjoyment of adjacent or surrounding properties, taking in due consideration of the duration of the event;
e. 
The special event will not cause damage or overuse of the public facilities on which the special event is proposed to be located;
f. 
The portion of public facilities to be used had not been otherwise reserved for use for the time in question;
g. 
The use of electrified (or battery powered) speakers, amplification devices or megaphones, if specially permitted, shall not serve to increase the loudness of sound at the source by more than 20 decibels over the ambient or background noise level, at any time during the special event; the duration of such level of noise shall be expressly stated in any permit approval; noise shall be measured four feet from grade and 50 feet from the source if on a public street, sidewalk, public facility or other public land, or measured at the property boundary line from adjacent private property, whichever is closer;
h. 
The City Council shall require such special conditions as may be reasonably necessary to serve to limit the duration and impact of noise generated by special events.
[3-16-2021]
It shall be unlawful for any person to undertake within the City any of the following acts or conduct within any public place, street or public way or sidewalk, park or facility open to the public:
(1) 
Possession or consumption of alcoholic beverages. The consumption of any alcoholic beverage or possession of an open container containing alcoholic beverages.
(2) 
Public intoxication. Being intoxicated on a public street, sidewalk, park or any publicly owned or controlled property. For purposes of this section, public intoxication shall be defined as being under the influence of intoxicating liquors or drugs to such a degree as to cause one's faculties to be impaired so as to cause the person to walk, motivate or undertake other activities in public in such a manner as to cause any substantial danger or annoyance to any other person or member of the public or in such a manner so as to endanger himself or public or private property, or so as to obstruct a public sidewalk or public way.
(3) 
Threatening or suggestive language or gestures. Undertaking, in a public place, words, gestures, or comments directed toward, or in the presence of, any person who is not a voluntary social companion of the speaker/actor, which words, gestures or comments are, in fact, intended for or to, or are, in fact, heard, received, or observed by any other person or police officer as being intended to constitute threatening, taunting, harassing, insulting or sexually suggestive comments or actions. It is the purpose and intent of this Subsection (3) to regulate conduct which takes place or involves persons who are not social companions, and which serves no legitimate free speech or other communication purpose, other than to harass, annoy, offend, shock, humiliate, or otherwise interfere with the peaceful enjoyment of any person on or in public places within the City.
(4) 
Obstructing street or sidewalk. Knowingly, intentionally, or unreasonably obstructing a public way, road, street, or sidewalk is prohibited.
(5) 
Skateboards and roller blades. The riding of skateboards or use of roller blades on City streets or on sidewalks or on public property on, or within or adjacent to the areas depicted by bold lines in Exhibit A attached hereto,[1] is prohibited.