[Adopted as Ch. VI, Art. 16; amended 5-11-1992 by Ord. No.
92-187]
This article shall be known and may be cited
as the "City of Bangor Sound Device Ordinance."
For purposes of this article, the following
words shall have the following meanings:
The City of Bangor.
To use a radio or sound device for the amplification or projection
of sound.
Any hand-held or portable radio, tape player, compact disc
player, boom box, portable stereo player or similar device capable
of playing or reproducing broadcast or recorded sound. The term "radio"
includes radios, tape players, compact disc players, boom boxes, stereo
players or similar devices installed in an automobile or motorcycle.
Any electrical or mechanical device other than a radio, e.g.,
sound trucks, two-way radios, loudspeakers, megaphones or cellular
phones capable of amplifying and projecting ambient, spoken, recorded
or other sound.
[Amended 7-27-1992 by Ord. No. 92-348]
No person shall operate a radio or sound device
on any street, sidewalk or other public way in the City of Bangor
in such a manner as to cause a disturbance of the peace or to annoy,
harass or offend any person. A radio or sound device shall be deemed
to have been played in an annoying, harassing or offensive manner
when the volume of sound generated by such radio or sound device is
discernibly audible to a person more than five feet away, is sufficiently
loud to interfere with ordinary conversation at that distance and
continues after a request has been made to the person operating the
radio or device to reduce the volume level.
A.
Any member of the Bangor Police Department is authorized
to enforce this article upon complaint or upon the officer's own observation
of a violation in progress. Upon the commission of a first violation,
an officer enforcing this article shall issue written warning citation
in hand or by regular United States Mail to the person operating the
radio or sound device.
B.
The warning citation shall state the date, time, location
and nature of the violation concerned and shall inform the violator
of the possible consequences of a subsequent violation of this article.
Upon commission of any subsequent violation of this article by the
same person within 180 days after issuance of a warning citation,
the enforcing officer shall issue a second written citation in hand
or by certified mail to the person concerned, stating the nature of
the second or subsequent violation, and shall direct the person operating
the radio or sound device to appear before the Maine District Court
at a specified time and date to answer for the violation. In addition,
any officer enforcing this article, upon observing a second or subsequent
violation, shall be authorized to seize and impound the radio or sound
device concerned as evidence of the violation.
[Amended 9-14-1998 by Ord. No. 98-339]
Violation of this article may be punished by
a civil penalty of not less than $50 and not more than $100 or by
impoundment of the radio or sound device which was operated in the
commission of such violation for a period not to exceed 30 days, or
both, provided that any person cited for a violation of this article
may waive their right to appear and defend the citation upon payment
of a fifty-dollar minimum fine. Upon receipt of the waiver fee, the
radio or sound device will be returned to its owner or their designee.
In the event that the radio or sound device is attached to or is part
of a motor vehicle, the vehicle will be released to the registered
owner upon receipt of the waiver fee and after all towing and storage
charges have been paid.
