[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 their 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 their 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 one of the appointed members of the Committee shall be a resident of Zone No. 2 as defined in §
113-2 of this chapter. At least one of the appointed members of the Committee shall, at the time of said member's appointment, hold a valid hunting license issued by the State of Maine.
[Amended 3-16-1994 by Ord. No. 94-99; 4-26-2021 by Ord. No.
21-149; at time of adoption of Code (see Ch. 1,
General Provisions, Art. I)]
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 No. 1 and Zone No. 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]
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.
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.