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:
OPERATE
To use a radio or sound device for the amplification or projection
of sound.
RADIO
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.
SOUND DEVICE
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.
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.