[HISTORY: Adopted by the City Council of
the City of Bangor as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Ch. VI, Art. 11; amended 8-12-1996 by Ord. No. 96-199]
[1]
Editor's Note: As of the publication date
of this Code, enforcement of this article relating to parades and
public assemblies had been suspended pending revision of this article
to comply with recent court decisions. Pending a revision of this
article, parade permits are not currently required by the City of
Bangor unless the parade concerned will require closure of the public
streets to normal motor vehicle traffic.
This article shall be known and may be cited
as the "Parade and Public Assembly Ordinance of the City of Bangor."
As used in this article, the following terms
shall have the meanings indicated:
The person holding appointment as the City of Bangor Chief
of Police or any other person actually performing duties as the City
of Bangor Chief of Police on an acting, temporary or interim basis.
The City of Bangor.
Any organized movement of persons in vehicles or on foot
along a definite route or from one point to another, other than for
ordinary transportation purposes.
Any march, demonstration or motorcade consisting of persons,
animals or vehicles or a combination thereof upon the public streets,
parks or sidewalks within the City that interferes with or has a tendency
to interfere with the normal flow or regulation of vehicular or pedestrian
traffic or that interferes with or has a tendency to interfere with
access of any person to public or private premises.
A permit as required by this article.
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Any meeting, demonstration, picket line or rally of three
or more persons for a common purpose, as a result of prior planning,
upon the public streets, parks or sidewalks of the City that interferes
with or has a tendency to interfere with the normal flow or regulation
of pedestrian or vehicular traffic or that interferes with or has
a tendency to interfere with access of any person to public or private
premises.
Any area, way or bridge set aside or open to the general
public for purposes of pedestrian traffic, whether or not it is paved.
Any area, way or bridge set aside or open to the general
public for purposes of vehicular traffic, including any berm, shoulder,
parkway, right-of-way, traffic island or median strip thereof.
No person shall engage in, participate in, aid,
form, start or conduct any parade or public assembly on any public
street, park or sidewalk unless a permit is first obtained for that
purpose from the Chief of Police.
A.
This article shall not apply to the following:
(1)
Funeral processions which are not escorted by police
vehicles and which comply with all motor laws. Funeral processions
which are escorted by police vehicles for the intent of providing
an uninterrupted route must provide a twenty-four-hour written or
telephonic notice to the Chief of Police or their designee.
[Amended 12-9-1996 by Ord. No. 97-33]
(2)
Students going to and from school classes or participating
in educational activities, provided that such conduct is under the
immediate direction and supervision of the proper school authorities.
(3)
A governmental agency acting within the scope of its
functions.
(4)
Spontaneous events occasioned by news or affairs coming
into public knowledge within three days prior to such parade or public
assembly, provided that any organizer of such events gives written
notice to the Chief of Police or their designee at least 24 hours
prior to such parade or public assembly.
B.
All vehicles which interfere with the normal flow
of traffic are exempted if the activity is authorized in a permit
issued by any state or federal agency.
[Amended 12-9-1996 by Ord. No. 97-33]
A.
A person seeking a parade or public assembly permit
shall file an application with the Chief of Police on forms provided,
and the application shall be signed by the applicant under oath.
B.
An application for a permit shall be filed with the
Chief of Police at least seven and not more than 30 days before the
parade or public assembly is proposed to commence. The Chief of Police
may waive the minimum seven-day filing period and accept an application
filed within a shorter period if, after due consideration of the date,
time, place and nature of the parade or public assembly, the anticipated
number of participants and the City services required in connection
with the event, the Chief of Police determines that the waiver will
not present a hazard to public safety.
C.
For parades or public assemblies to be held on a regular
or recurring basis at the same location, an application for a permit
covering all such parades or public assemblies for any period of up
to 30 days may be filed with the Chief of Police at least seven and
not more than 30 days before the date and time at which the first
such parade or public assembly during the period covered by the application
is proposed to take place. The Chief of Police may waive the seven-day
filing period and accept an application filed within a shorter period
if, after due consideration of the date, time, place and nature of
the parade or public assembly, the anticipated number of participants
and the City services required in connection with the event, the Chief
of Police determines that the waiver will not present a hazard to
public safety.
D.
The application for a parade or public assembly permit
shall set forth the following information:
(1)
The name, address and telephone number of the person
seeking to conduct such parade or public assembly.
(2)
The names, addresses and telephone numbers of the
headquarters of the organization for which the parade or public assembly
is to be conducted, if any, and the authorized and responsible heads
of the organization.
(3)
The name, address and telephone number of the person
who will be the parade or assembly chair and who will be responsible
for its conduct.
(4)
The requested date of the parade or public assembly.
(5)
The route to be traveled, including the starting point
and the termination point, or, if the parade or public assembly will
occur at a fixed location, the location concerned.
(6)
The appropriate number of persons, animals and vehicles
which will constitute the parade or public assembly and the types
of animals and a description of the vehicles.
(7)
The hours when such parade or public assembly will
start and terminate.
(8)
A statement as to whether the parade or public assembly
will occupy all or only a portion of the width of the streets proposed
to be traversed.
(9)
The location by street of any assembly areas for such
parade or public assembly.
(10)
The time at which units of the parade or public assembly
will begin to assemble at any such area.
(11)
The intervals of space to be maintained between units
of such parade or public assembly.
(12)
If the parade or public assembly is designed to be
held by, or on behalf of, any person other than the applicant, the
applicant for such permit shall file a letter from that person with
the Chief of Police authorizing the applicant to apply for the permit
on their behalf.
(13)
The type of public assembly, including a description
of activities planned during the event.
(14)
A description of any recording equipment, sound-amplification
equipment, banners, signs or other attention-getting devices to be
used in connection with the parade or public assembly.
(15)
The approximate number of participants (spectators
are by definition not participants).
(16)
The approximate number of spectators.
(17)
A designation of any public facilities or equipment
to be utilized.
(18)
Any additional information that the Chief of Police
finds reasonably necessary to a fair determination as to whether a
permit should issue.
A.
A nonrefundable fee of $5 to cover administrative costs of processing the permit shall be paid to the City of Bangor by the applicant when the application is filed. No more than one application fee shall be charged for each event for which a permit is sought. Multiple-date events for which a single permit is sought under § 202-5C above shall be charged a single $5 application fee. The Chief of Police shall waive this fee upon certification by the applicant that the applicant and any sponsoring organization are each unable to pay the fee.
B.
If the application includes the use of any City property,
other than streets, parks or sidewalks, or if any City services shall
be required for the parade or public assembly, the applicant shall
pay, prior to the issuance of a permit, the charges for those services
in accordance with a schedule of service costs approved by the City
Council.
A.
The Chief of Police shall determine whether and to
what extent additional police protection is reasonably necessary for
the parade or public assembly for traffic control and public safety.
The Chief of Police shall base this decision on the size, location,
duration, time and date of the event, the expected sale or service
of alcoholic beverages, the number of streets and intersections blocked
and the need to detour or preempt citizen travel and use of the streets
and sidewalks. The speech content of the event shall not be a factor
in determining the amount of police protection necessary. If possible,
without disruption of ordinary police services or compromise of public
safety, regularly scheduled on-duty personnel will police the event.
If additional police protection for the parade or public assembly
is deemed necessary by the Chief of Police, they shall so inform the
applicant for the permit. The applicant then shall have the duty to
secure the police protection deemed necessary by the Chief of Police
at the sole expense of the applicant.
B.
Persons engaging in parades or public assemblies conducted
for the sole purpose of public issue speech protected under the First
Amendment are not required to pay for any police protection provided
by the City.
A.
The Chief of Police shall issue a permit as provided
for herein when, from a consideration of the application and from
such other information as may otherwise be obtained, they find that:
(1)
The conduct of the parade or public assembly will not substantially interrupt the safe and orderly movement of other pedestrian or vehicular traffic contiguous to its route or location. No permit may be issued for any public assembly to take place within 30 feet of any street intersection, including intersections of public streets with approved private streets, unless the permit includes arrangements for necessary traffic control as provided in § 202-7A above; provided, further, that at any location where on-street vehicle parking is allowed within 30 feet of a street intersection, permits may be issued for public assemblies on the sidewalk or road shoulder adjacent to that portion of the street where on-street vehicle parking is allowed.
(2)
The conduct of the parade or public assembly will
not require the diversion of so great a number of City police officers
to properly police the line of movement and the areas contiguous thereto
as to prevent normal police protection of the City.
(3)
The concentration of persons, animals or vehicles
at public assembly points of the parade or public assembly will not
duly interfere with proper fire and police protection of, or ambulance
service to, areas contiguous to such public assembly areas.
(4)
The conduct of the parade or public assembly is not
reasonably likely to cause injury to persons or property.
(5)
If a march, procession or motorcade is planned, the
parade or public assembly is scheduled to move from its point of origin
to its point of termination expeditiously and without unreasonable
delays en route.
(6)
Adequate sanitation and other health facilities are
or will be made available in or adjacent to any public assembly areas.
(7)
There are sufficient parking places near the site
of the parade or public assembly to accommodate the number of vehicles
reasonably expected.
(9)
Such parade or public assembly is not for the primary
purpose of advertising any product, goods or event that is primarily
for private profit, and the parade itself is not primarily for profit.
The prohibition against advertising any product, goods or event shall
not apply to signs identifying organizations or sponsors furnishing
or sponsoring exhibits or structures used in the parade.
(10)
No parade permit application for the same time and
location is already issued or has been received and will be issued.
(11)
No event is scheduled elsewhere in the City where
the police resources required for that event are so great that the
deployment of police services for the proposed parade or public assembly
would have an immediate and adverse effect upon the welfare and safety
of persons and property.
B.
No permit shall be issued that allows for the erection
or placement of any structure, whether permanent or temporary, on
a City street, sidewalk or right-of-way unless advance approval for
the erection or placement of the structure is obtained from the City.
C.
No permit shall be issued for any parade or public
assembly to be conducted at any location where parades or public assemblies
are prohibited by applicable federal, state or local laws or ordinances
or applicable rules of any court. See, e.g., 21-A M.R.S.A. § 682
and 26 M.R.S.A. § 595, Subsection 4B.
D.
Permits issued under this article shall not be deemed
to confer any right to conduct the applicant's parade or public assembly
on the private property of any person, except with permission of the
property owner or lessee.
The Chief of Police shall uniformly consider
each application upon its merits and shall not discriminate in granting
or denying permits under this article based upon political, religious,
ethnic, race, disability, sexual orientation or gender-related grounds
or based upon the content of any message sought to be disseminated
by the applicant, organizers or sponsors of the event.
The Chief of Police shall act promptly upon
a timely filed application for a parade or public assembly permit
but in no event shall grant or deny a permit less than 48 hours prior
to the event. If the Chief of Police disapproves the application,
they shall notify the applicant either by personal delivery or certified
mail at least 48 hours prior to the event of their action and state
the reasons for denial.
A.
The Chief of Police, in denying an application for
a parade or public assembly permit, may authorize the conduct of the
parade or public assembly at a date, time, location or route different
from that named by the applicant. An applicant desiring to accept
an alternate permit shall, within five days after notice of the action
of the Chief of Police, file a written notice of acceptance with the
Chief of Police.
B.
An alternate parade or public assembly permit shall
conform to the requirements of, and shall have the effect of, a parade
or public assembly permit issued under this article.
A.
Any applicant shall have the right to appeal the denial
of a parade or public assembly permit to the City Manager. The denied
applicant shall make the appeal within five days after receipt of
the denial by filing a written notice with the Chief of Police and
a copy of the notice with the City Clerk. The City Manager shall act
upon the appeal within two working days of receipt.
B.
In the event that the City Manager rejects an applicant's
appeal, the applicant may file an immediate request for review with
a court of competent jurisdiction.
Immediately upon the issuance of a parade or
public assembly permit, the Chief of Police shall send a copy thereof
to the following:
A.
The City Manager.
B.
The City Attorney.
C.
The Fire Chief.
D.
The Director of the City's Department of Public Works.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The manager or responsible head of each public transportation
utility, the regular routes of whose vehicles will be affected by
the route of the proposed parade or public assembly.
F.
To the extent practicable, the owner or occupants
of any premises along the parade route or adjacent to the permitted
location of the public assembly who may be inconvenienced by the parade
or assembly. Such notice may be given by general notice, e.g., by
published notice of a parade route, whenever individual notice to
affected property owners or occupants is impracticable due to the
number of such persons or time constraints.
G.
Any resident of the City who requests notice of issuance
of a parade permit in a specific area. If the resident requests such
notice, the Police Chief or designee shall provide the resident with
a copy of each such permit at the time the permit is issued. Requests
for individual notice under this subsection must be renewed annually.
Each parade or public assembly permit shall
state the following information:
A.
Starting and approximate ending time.
B.
Minimum speed of parade units.
C.
Maximum speed of parade units.
D.
Maximum interval of space to be maintained between
parade units.
E.
The portions of the streets that may be occupied by
the parade or public assembly.
F.
The maximum length of the parade in miles or fractions
thereof.
G.
Such other information as the Chief of Police shall
find necessary to the enforcement of this article.
A.
A permittee hereunder shall comply with all permit
directions and conditions and with all applicable laws and ordinances.
B.
The parade or public assembly chair or other person
heading such activity shall be present and shall carry the parade
or public assembly permit upon their person at all times during the
conduct of the parade or public assembly. The chair shall provide
the permit for inspection upon request of any law enforcement officer.
The following prohibitions shall apply to all
parades and public assemblies. It shall be a violation of this article
for:
A.
Any person to stage, present or conduct any parade
or public assembly without first having obtained a permit as herein
provided.
B.
Any person to participate in a parade or public assembly
for which the person knows a permit has not been granted.
C.
Any person in charge of, or responsible for the conduct
of, a duly licensed parade or public assembly to knowingly fail to
comply with any condition of the permit.
D.
Any person to engage in any parade or public assembly
activity that would constitute a substantial hazard to the public
safety or that would materially interfere with or endanger the public
peace or rights of residents to the quiet and peaceful enjoyment of
their property.
E.
Any person participating in any parade or public assembly
to carry or possess any length of metal, lumber, wood or similar material
for purposes of displaying a sign, poster, plaque or notice, unless
such object is 1/2 inch or less in thickness and two inches or less
in width, or, if not generally rectangular in shape, such object shall
not exceed 3/4 inch in its thickest dimension.
F.
Any person to carry any sign, poster, plaque or notice, whether or not mounted on a length of material as specified in Subsection E of this section, unless such sign, poster, plaque or notice is constructed or made of a cloth, paper or cardboard material.
H.
Any person participating in a parade or public assembly
to ride, drive or cause to be ridden or driven any animal or any animal-drawn
vehicle upon any public street, unless specifically authorized by
the permit.
A.
Interference. No person shall unreasonably hamper,
obstruct or impede or interfere with any parade or public assembly
or with any person, vehicle or animal participating or used in a parade
or public assembly.
B.
Driving through parades. No driver of a vehicle shall
drive between the vehicles or persons comprising a parade or public
assembly when such vehicles or persons are in motion and are conspicuously
designated as a parade or public assembly.
C.
Parking on parade route. The Chief of Police shall
have the authority, when reasonably necessary, to prohibit or restrict
the parking of vehicles along a street constituting a part of the
route or location of a parade or public assembly. The Chief of Police
shall post signs to the effect, and it shall be unlawful for any person
to park or leave unattended any vehicle in violation thereof.
The Chief of Police shall have the authority
to revoke a parade or public assembly permit instantly upon violation
of the conditions or standards for issuance as set forth in this article
or when a public emergency arises where the police resources required
for that emergency are so great that deployment of police services
for the parade or public assembly would have an immediate and adverse
effect upon the welfare and safety of persons or property.
Any person, firm or corporation convicted of
violating any of the provisions of this article shall be fined in
an amount not exceeding $100. The maximum fine shall be increased
to $500 for each repeat offense within a one-year period. Each day's
violation for which a separate citation is issued shall constitute
a separate offense.
[Adopted as Ch. VI, Art. 11-A; amended 8-12-1996 by Ord. No. 96-318]
[1]
Editor's Note: As of the publication date
of this Code, enforcement of this article relating to targeted residential
pickets had been suspended pending revision of this article to comply
with recent court decisions.
A.
The City Council of the City of Bangor hereby finds
as follows:
(1)
The City of Bangor has a significant governmental
interest in protecting its residential neighborhoods through measures
that will preserve the sense of safety, well-being tranquility and
privacy that Bangor residents currently enjoy within their individual
homes.
(2)
The City of Bangor also recognizes and seeks to protect
the rights of individuals and organizations to peaceably assemble,
petition, debate, demonstrate and communicate their views on social
and political issues.
(3)
Recent organized protests within the City of Bangor,
for the first time in memory, have targeted individual residents of
the City of Bangor by means of pickets stationed outside individual
homes of the residents concerned.
(4)
The practice of targeted picketing before or about
individual private residences and dwellings causes emotional disturbances
and distress to the occupants of those residences and dwellings and
subjects them to unwanted, intrusive communications which the occupants
cannot avoid.
(5)
The presence of targeted pickets before or about targeted
residences or dwellings has a disturbing effect on the peace, tranquility
and security of other persons residing in the vicinity of the targeted
residence.
(6)
Targeted pickets of individual residences and dwellings
constitute an invasion of individual privacy, have a harassing effect
on the occupants of the residences and dwellings picketed and tend
to incite breaches of the peace.
(7)
Other City ordinances currently in force do not effectively
address the activity of targeted picketing of individual residences
and dwellings.
(8)
A narrowly-tailored prohibition of targeted picketing
of individual residences and dwellings will leave ample alternative
means of communication for those wishing to utilize the City of Bangor's
public streets, parks and sidewalks for marches, protests, pickets
or demonstrations or to otherwise express their views.
(9)
A prohibition of targeted picketing of individual
residences and dwellings is necessary to protect Bangor residents
in the peaceful, quiet enjoyment of their individual homes.
B.
In accordance with the foregoing legislative findings,
the City Council of the City of Bangor has adopted this article prohibiting
the practice of targeted residential picketing within the City limits.
As used in this article, the following terms
shall have the meanings indicated:
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
One or more persons stationed, assembled, gathered, standing,
marching, demonstrating or patrolling outside of a building or other
fixed location carrying or displaying signs, banners, posters or photographs
or distributing written, graphic or printed information about the
fixed location or activities or persons therein or utilizing any sound-amplification
device to communicate such information.
A person engaging in a picket.
Any premises containing a permanent building used by its
occupants for nontransient residential use as a primary use. The term
"residence or dwelling" includes apartments and apartment complexes.
The term "residence or dwelling" does not include any building or
premises that is regularly open to members of the general public as
a place of business utilized as such by its occupants.
Any area, way or bridge set aside or open to the general
public for purposes of pedestrian traffic, whether or not it is paved.
Any electrical or mechanical device capable of amplifying
and projecting ambient, spoken, recorded or other sound. The term
includes, without limitation, loudspeakers, megaphones, microphone
systems and sound trucks.
Any area, way or bridge set aside or open to the general
public for purposes of vehicular traffic, including any berm, shoulder,
parkway, right-of-way, traffic island or median strip thereof.
Activity that is directed at a particular residence or dwelling
or the occupants thereof, including but not limited to the following
activities:
Naming an occupant of the targeted residence
or dwelling in signs, banners, posters or written or printed information
carried, displayed or distributed by one or more picketers.
Protesting a specific occupation or activity
duly engaged in by an occupant of the targeted residence or dwelling.
Inviting of the public to confront an occupant
of the targeted residence or dwelling concerning past or prospective
conduct, acts or omissions to act by the resident concerned.
Intentionally obstructing or making more difficult
an occupant's ingress to or egress from the targeted residence or
dwelling.
A targeted picket conducted in violation of § 202-22A of this article.
A.
Targeted residential pickets prohibited. Except with
the prior consent of all occupants of the residence or dwelling concerned,
no person shall organize, participate in or engage in a targeted picket
on any public street, park or sidewalk within 300 feet of the residence
or dwelling of any individual in the City of Bangor. For this purpose,
the distance to such residence or dwelling shall be measured from
the picketer's location at the time of the picket to the nearest exterior
property line of the residence or dwelling concerned.
B.
Parades and public assemblies restricted. Except with the prior written consent of all occupants of the residence or dwelling concerned, no person participating in a parade or public assembly for which a permit has been issued under Article I of this chapter shall, as part of that parade or public assembly, intentionally pass within 300 feet of a residence or dwelling more than twice during any single day's event if the residence or dwelling concerned or its occupants are targeted by the parade or public assembly. For this purpose, the distance to such residence or dwelling shall be measured from the route or location of the parade or public assembly to the nearest exterior property line of the residence or dwelling concerned.
C.
Property lines. In all cases in which the exterior
property line of a targeted residence or dwelling is not evident from
boundary markers, fence lines or other indicia visible at the location
concerned, the exterior property lines of the residence or dwelling
shall be deemed to be located as depicted in the City of Bangor tax
maps as kept and maintained in the office of the City Assessor. It
shall be the affirmative obligation of any person organizing, sponsoring
or participating in a picket, parade or public assembly targeted at
a specific residence or dwelling to ascertain the location of such
property lines prior to such picket, parade or public assembly. Mistakes
concerning the location of such property lines arising from failure
to ascertain their location as required herein shall not be a defense
to prosecution under this article.
Any person, firm or corporation convicted of
violating this article shall be fined in an amount not exceeding $100.
The maximum fine shall be increased to $500 for each repeat offense
within a one-year period. Each day's violation for which a separate
citation is issued shall constitute a separate offense.
