City of Bangor, ME
Penobscot County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Bangor as Ch. VII, Art. 6; amended 3-10-1975. Subsequent amendments noted where applicable.]
[Amended 9-14-1998 by Ord. No. 98-339]
No person shall at any time place upon the rail of any railroad or upon any street or sidewalk any cracker, cap or other explosive with the intent that it shall be discharged or exploded by the passage of any railroad car, vehicle or person.
[Amended 3-11-1985 by Ord. No. 85-123]
For purposes of promoting and protecting the health, safety and general welfare of residents and visitors of the City of Bangor, all lands and areas within the city are hereby divided into two zones in which the discharge of firearms is prohibited, as provided hereafter. The boundaries of said zones are hereby created and established and are shown on a map entitled "Firearms Discharge Zones in the City of Bangor," on file in the office of the City Clerk, which map, with all explanatory data thereon, shall be deemed to accompany, be and is hereby made a part of this chapter. The boundaries of said zones shall be changed only by Council order approving a new or amended map.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
FIREARM
Any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive, and includes any such weapon commonly referred to as a "pellet gun," "pistol," "revolver," "rifle," "gun" or "shotgun."
B. 
Firearms Discharge Prohibited - Zone No. 1. In Zone No. 1, no person shall fire or discharge or cause to be fired or discharged any firearm, as defined herein, except as authorized under Subsection D herein or under the following conditions: The firing or discharge of pellet guns, rifles or pistols of no greater than .22 caliber or shotguns shall be permitted for the sole purpose of providing for the protection of livestock or crops from predators or vermin; provided, however, that no firearm may be discharged or fired within 300 feet of any dwelling or public way.
C. 
Firearms Discharge Prohibited - Zone No. 2. In Zone No. 2, no person, except the owner of a parcel of land located in such zone, or any third party having expressed or written permission from such owner, and his or her tenant, if any, shall fire or discharge or cause to be fired or discharged any firearm, as defined herein, except as authorized under Subsection D herein, and only under the following conditions:
(1) 
The firing or discharge of firearms of any caliber shall be permitted for the protection of livestock or crops from predators or vermin.
(2) 
No firearm of any caliber shall be fired or discharged within 300 feet of any dwelling or public way.
(3) 
No firearms except pellet guns, rifles or pistols of no greater than .22 caliber, or shotguns, shall be fired or discharged within 600 feet of any dwelling or public way, provided that the owner of a dwelling or person with written permission may discharge any firearm within 600 feet of that dwelling, if the permission given so allows, and provided that the firearm is not discharged within 600 feet of a public way.
(4) 
Where the property is occupied by a tenant, written permission under this section must be obtained from both the owner and the tenant.
(5) 
All written permissions required under this section shall be carried by the permittee at all times while exercising the rights granted hereunder.
D. 
Exceptions. The preceding sections shall not apply to the firing or discharge of firearms at any military exercise or review nor to any military personnel or law enforcement officers in the performance of their duties or authorized training nor to any citizen in the lawful defense of his or her person, family or property nor to any person engaged in rifle, gun or handgun target practice at any licensed shooting range or gallery.
[Amended 12-14-1992 by Ord. No. 93-30]
There is hereby created a Firearms Discharge Committee. The Committee shall be appointed and have the duties as follows:
A. 
Appointment and composition. The Committee shall consist of no more than eight nor fewer than five members appointed by the City Council for terms of three years each or until a successor is appointed. Terms of appointment to the Committee shall be staggered to ensure that the terms of members are as nearly divided as possible to ensure that 1/3 of the terms expire in each year. Members of the Committee shall serve without compensation. The Police Chief in the City of Bangor or the Chief's designee shall be an ex officio member of the Committee and shall call upon the expertise of the city departments as may be necessary to assist the Committee in its work.
[Amended 3-16-1994 by Ord. No. 94-99]
B. 
Qualifications. At least 1/3 of the appointed members of the Committee shall be residents of Zone Number 2 as defined in § 113-2 of this chapter. At least 1/3 of the appointed members of the Committee shall, at the time of their appointment, hold a valid hunter's license issued by the State of Maine.
[Amended 3-16-1994 by Ord. No. 94-99]
C. 
Duties. The Committee shall:
(1) 
Meet the first Monday in May annually for the purpose of selecting a Committee Chair and thereafter meet as needed on call of the Chair.
(2) 
Make recommendations to the Bangor City Council annually, prior to June 30, regarding necessary changes in the location of the boundary between Zone 1 and Zone 2 described above and recommend any ordinance amendments or other Council action regulating the use of firearms within the City of Bangor the Committee shall deem necessary to protect the public safety.
[Amended 6-14-2010 by Ord. No. 10-199]
(3) 
Sponsor or conduct public awareness and hunter education programs as needed to protect the public safety in regard to the use of firearms within the City of Bangor.
[Added 11-24-1997 by Ord. No. 97-438]
No person shall sell to any child under the age of 16 years, without the written consent of a parent or guardian of such child, any cartridge of fixed ammunition or blank cartridge or any gun, pistol or other mechanical contrivance arranged for the explosion of such cartridge.
[Added 10-12-2011 by Ord. No. 11-305[1]]
A. 
Definitions. The following definitions shall apply in this section:
CONSUMER FIREWORKS
Shall have the same meaning as in Title 27, Code of Federal Regulations, Section 555.11, or subsequent provision, but includes only products that are tested and certified by a third-party-testing laboratory as conforming with United States Consumer Product Safety Commission standards, in accordance with 15 United States Code, Chapter 47. "Consumer fireworks" does not include the following products:
(1) 
Missile-type rockets, as defined by the State Fire Marshal by rule;
(2) 
Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and
(3) 
Sky rockets and bottle rockets. For purposes of this subsection, "sky rockets and bottle rockets" means cylindrical tubes containing not more than 20 grams of chemical composition, as defined by the State Fire Marshal by rule, with a wooden stick attached for guidance and stability that rise into the air upon ignition and that may produce a burst of color or sound at or near the height of flight.
DISPLAY
An entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of fireworks or special effects.
B. 
Prohibition. No person shall use, possess with the intent to use in the City of Bangor, sell, possess with the intent to sell in the City of Bangor, or offer for sale consumer fireworks.
C. 
Exception. This section does not apply to a person issued a fireworks display permit by the City of Bangor and/or the State of Maine pursuant to 8 M.R.S.A. § 227-A.
D. 
Seizure and disposal of fireworks. The City may seize consumer fireworks that the City has probable cause to believe are used, possessed or sold in violation of this section and shall forfeit seized consumer fireworks to the state for disposal.
[1]
Editor’s Note: This ordinance also renumbered former § 113-5 as § 113-6.
Whoever violates any of the foregoing sections of this chapter shall be punished by a fine of not less than $100 nor more than $1,000 for each offense.