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. VI, Art. 12. Amendments noted where applicable.]
GENERAL REFERENCES
Bass Park Complex — See Ch. 28, Art. IV.
Parks and Recreation Department — See Ch. 28, Art. XI.
Alcohol and entertainment — See Ch. 61.
Animals — See Ch. 65.
Firearms and fireworks — See Ch. 113.
Harbor and waterways — See Ch. 140.
Noise — See Ch. 194.
Parades and public assemblies — See Ch. 202, Art. I.
Police regulations — See Ch. 215.
Vehicles and traffic — See Ch. 291.

§ 231-1 Title.

[Amended 9-14-1998 by Ord. No. 98-339]
This chapter shall be known and may be cited as the “City of Bangor Parks Ordinance.”

§ 231-2 Word usage and definitions.

[Amended 6-11-1984 by Ord. No. 84-211; 10-12-1988 by Ord. No. 88-403; 9-14-1998 by Ord. No. 98-339; 1-10-2000 by Ord. No. 00-83]
A. 
When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. 
For the purpose of this chapter, the following terms, phrases, words and their derivatives shall have the meanings given herein:
CITY
The City of Bangor.
DIRECTOR
The Parks and Recreation Director appointed pursuant to Chapter 28, Article XI, § 28-49, of the Code of the City of Bangor.
PARK
Shall be limited to the areas within the boundaries, as described in the records of the City of Bangor Assessor, of the following City-owned recreational properties and facilities:
[Amended 6-10-2013 by Ord. No. 13-181]
Name
Assessor's Map and Lot Numbers
Hayford's Park
22
36
Bangor Gardens Playground
K42
106
K42
24
Broadway Park
47
34A
47
34B
Coe Park
32
178
33
77
33
76A
33
76B
Chapin Park
48
132A
Dakin Park
46
58A
Davenport Park
42
44
Fairmount Park
7
61B
Municipal Golf Course
R27
1
R27
4
Grotto Cascade Park
R63
7
Hayford's Field
22
36A
Little City Park
38
32
J.J. Williams Park
55
52
Norumbega Mall
41
70
41
71
Old Cemetery Lot Park
15
122
Pierce Park
41
98
Prentiss Woods
R40
11
Second Street Playground
35
169
Summit Park
31
1
Whitney Park
22
46
Essex Street Recreation Area (Penjajawoc Park)
R48
7
Municipal Dock (Lower Broad Street)
43
33
Stillwater Park Playground
51
205
Broad Street Park (Fountain Park, West Market Square)
42
237
Bass Park (Paul Bunyan Area)
26
1
Bridge Lot Park (including the covered bridge structure and appurtenances thereto)
40
1E
Kenduskeag Plaza East
42
236
Kenduskeag Plaza West
42
199A
Union Street Recreational Area
R15
15B
Kenduskeag Stream Park (including park easement areas as shown on a plan entitled "Kenduskeag Stream Park, Phase I," dated November 3, 1975, consisting of 4 sheets on file in the office of the City Engineer, City Hall, Bangor)
19
1
19
1A
19
7B
19
7A
31
10A
31
58
31
75
31
91
32
162
32
179
32
180
40
1
40
1A
40
1D
40
1E
40
3
41
47
41
53
41
54
41
55
41
58
41
59
41
60
41
72
41
75
R34
12
R35
54D
R35
57
R35
58
Hamlin Mall (part of Norumbega Mall)
41
71
Brown Woods
R14
8
City Forest Preserve
R65
2
R66
1 to 5
R67
5 and 6
R73
7
VEHICLE
Any wheeled conveyance, whether motor-powered, animal-drawn or self-propelled. The term shall include but not be limited to any trailer in tow, automobile, truck, wagon, snowmobile, motor bike, motorcycle or trail bike of any size, kind or description. Exception is made for baby carriages, bicycles, golf carts used at the Municipal Golf Course, vehicles used in conjunction with harness racing at Bass Park and vehicles used in the maintenance and operation of city parks.

§ 231-3 Damage to park property.

Except as may be necessitated by reason of construction or maintenance activities under the supervision and control of the Director, no person in a park shall:
A. 
Buildings and other property.
(1) 
Disfiguration and removal. Willfully mark, deface, disfigure, injure, tamper with or displace or remove any building, bridges, tables, benches, fireplaces, railings, paving or paving material, waterlines or other public utilities or parts or appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers or other structures or equipment, playground equipment, facilities or park property or appurtenances whatever, either real or personal.
(2) 
Removal of natural resources. Dig or remove any sand, soil, rock, stones, trees, shrubs or plants, timber or other wood or materials or make any excavation by tool, equipment, blasting or other means or agency.
(3) 
Erection of structures. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permit issued by the Director.
B. 
Trees, shrubbery and lawns.
(1) 
Injury and removal. Damage, cut, carve, transplant or remove any tree or plant or injure the bark or pick the flowers or seeds of any tree or plant, nor shall any person attach a rope, wire or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or usefulness of any area.
(2) 
Climbing trees. Climb a tree or walk, stand or sit upon monuments, vases, fountains, railings, fences or upon any other property not designated or customarily used for such purposes.

§ 231-4 Sanitation.

No person in a park shall:
A. 
Pollution of waters. Throw, discharge or otherwise place or caused to be placed in the waters of any fountain, pool, pond, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters any substance, manner or thing, liquid or solid, which will or may result in the pollution of said waters.
B. 
Refuse and trash. Have brought in or shall dump, deposit or leave any bottles, broken glass, ashes, paper, boxes, cans, dirt, rubbish, waste, garbage or refuse or other trash. No such refuse or trash shall be placed in any waters in or contiguous to any park or left anywhere on the grounds thereof, but it shall be placed in the proper receptacles where these are provided. Where receptacles are not so provided, all such rubbish or waste shall be carried away from the park by the person responsible for such presence and properly disposed of elsewhere.
C. 
Animal waste. Fail to immediately remove and lawfully dispose of any feces left in any park by a dog owned by such person or under his/her control. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this subsection.
[Added 1-9-1984 by Ord. No. 84-61]

§ 231-5 Vehicles and traffic.

A. 
State motor vehicle laws apply. No person in a park shall fail to comply with all applicable provisions of the state motor vehicle laws[1] with regard to equipment and operations of vehicles, together with such regulations as are contained in this chapter and other City of Bangor ordinances.[2]
[1]
Editor's Note: See M.R.S.A. Title 29-A.
[2]
Editor's Note: See Ch. 291, Vehicles and Traffic.
B. 
Obey traffic signs. No person in a park shall fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking and all others posted for proper control and to safeguard life and the property.
C. 
Speed of vehicles. No person in a park shall ride or drive a vehicle at a rate of speed exceeding the posted speed for any park.
D. 
Operation of vehicles. No person in a park shall drive any vehicle, excepting bicycles, on or in any area except public ways and paved park roads or parking areas or such other areas as may, on occasion, be specifically designated as temporary parking areas by the Director. Snowmobiles may be allowed on certain trails in City parks where such trails serve to interconnect other snowmobile trails not in City parks and where the Director of Parks and Recreation has designated such trails for such purpose after finding that it is compatible with the use of such park trails by the public for other purposes. Excepting bicycles, only vehicles property licensed and registered for operation on public ways and operated by persons properly licensed under the laws of the State of Maine shall be permitted in any parking area.
[Amended 2-9-2009 by Ord. No. 09-062]
E. 
Parking.
(1) 
No person in a park shall:
(a) 
Designated areas. Park a vehicle in other than an established or designated parking area, and such use shall be in accordance with the posted directions thereat and with the instructions of any attendant who may be present.
(b) 
Night parking. Leave a vehicle standing or parked at night within any park after 10:00 p.m. Eastern standard time.
[Amended 2-22-1993 by Ord. No. 93-139]
(2) 
Exceptions. There shall be no parking between the hours of sunset and sunrise in the Kenduskeag Stream Park, including park easement areas as shown on a plan entitled "Kenduskeag Stream Park, Phase I," dated November 3, 1975, consisting of four sheets on file in the office of the City Engineer, City Hall, Bangor. Areas of the park affected by this prohibition shall be posted with signs which read: "No parking sunset to sunrise." The time of sunrise and sunset shall be as reported in the Maine Farmers Almanac.
(3) 
Enforcement.
(a) 
The laws of the State of Maine shall, where applicable in parks, be enforced in the manner provided by law. City ordinances and rules and regulations of the park shall be enforced in the manner provided therein.
(b) 
Violations of this Subsection E shall be a parking infraction.
(c) 
The Parks and Recreation Director or his or her authorized representative and the Bangor Police Department are authorized to issue parking tickets for violations of this Subsection E.
(d) 
Removal of unauthorized vehicles. Any vehicle found in violation of this § 231-5 may be removed and impounded in accordance with the procedures established under Chapter 291, Vehicles and Traffic, § 291-45C and D.
[Amended 9-13-1993 by Ord. No. 93-408]
F. 
Bicycles. No person in a park shall:
(1) 
Confined to roads. Ride a bicycle on other than a paved vehicle road or path designated for that purpose. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or wooded trail or any paved area reserved for pedestrian use.
(2) 
Operation. Ride a bicycle other than on the right-hand side of the road paving as close as conditions permit, and bicycles shall be kept in a single file when two or more are operating as a group. Bicyclists shall at all times operate their machines with reasonable regard as to the safety of others, signal all turns, pass to the right of any vehicle they are overtaking and pass to the right of any vehicle they may be meeting.
[Amended 9-14-1998 by Ord. No. 98-339]
(3) 
Designated racks. Leave a bicycle at a place other than a bicycle rack when such is provided and there is space available.
(4) 
Immobile bicycles. Leave a bicycle lying on the ground or paving or set against trees or in a place or position where other persons may trip over or be injured by it.

§ 231-6 Recreational activities.

No person in a park shall:
A. 
Bathing and swimming.
(1) 
Designated areas. Swim, bathe or wade in the waters of any fountain, pond, pool, stream or other body of water in or adjacent to any park or any tributary, stream, storm sewer or drain flowing into such waters, except in such waters and in such places as are specifically provided for swimming or bathing purposes and in compliance with such regulations as are herein set forth or may hereafter be adopted by the Director, nor shall any person frequent any waters or places customarily designated for the purposes of swimming or bathing or congregate thereat in such activities prohibited by the Director upon finding such use of the water would be dangerous or otherwise inadvisable.
(2) 
Certain hours. Frequent any waters or places designated for the purposes of swimming or bathing or congregate thereat except between such hours of the day and on such conditions as shall be designated by the Director for such purposes for each individual park area.
B. 
Hunting and firearms. Hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or air rifles, spring guns, bows and arrows, slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument than can be loaded with and fire a blank cartridge or any kind of trapping device. Shooting in park areas as defined herein is strictly forbidden.
C. 
Camping. Set up tents, shacks or any other temporary shelter for the purpose of overnight camping, nor shall any person leave in a park after closing hours any movable structures or special vehicle that could be used for such purposes as a house trailer, camp trailer, tent or the like. Exception from the prohibitions of this subsection is made for camping trailers and/or vehicles parked at Bass Park in conjunction with organized activities, including harness racing, as may be approved by the Director.

§ 231-7 Alcoholic beverages; smoking; fires; use of closed areas.

[Amended 6-23-1987 by Ord. No. 87-209; 9-14-1998 by Ord. No. 98-339; 10-13-2004 by Ord. No. 04-292; 10-14-2009 by Ord. No. 09-293; 8-22-2016 by Ord. No. 16-315]
A. 
Intoxicating beverages.
(1) 
Liquor defined. For purposes of this subsection, "liquor" shall mean and include any alcoholic, spirituous, vinous, fermented or other alcoholic beverage, or combination of liquors and mixed liquors, intended for human consumption which contains more than 1/2 of 1% of alcohol by volume.
(2) 
Prohibition. No person in a public park, as defined by § 231-2 of the Code of the City of Bangor, shall have brought liquor, nor shall any person drink liquor at any time, in any parking area.
(3) 
Exceptions. At the Municipal Golf Course, Bass Park and West Market Square, concession and license privileges may include the sale of liquor by such concessionaire or licensee under strict regulation and control of the City Council. Sales of liquor at such locations shall be made only in individual drinks (not in bulk), and liquor shall be served only for consumption on the immediate premises of the concession and in such other areas as the City Council may direct. In addition, in accordance with the applicable provisions of state law, alcohol may be served at locations throughout the Municipal Golf Course under terms and conditions established by the Director of Parks and Recreation.
B. 
Smoking.
(1) 
Smoking defined. "Smoking" includes carrying or having in one's possession a lighted or heated cigarette, cigar, or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. "Smoking" includes the use of an electronic smoking device.
(2) 
Prohibition. Smoking in a public park that has amenities specifically constructed for use by children, including, but not limited to, playgrounds. swimming pools, sporting fields and buildings shall be prohibited. This shall include Hayford's Park, Bangor Garden Playground, Broadway Park, Coe Park, Chapin Park, Fairmount Park, Hayford's Field, Little City Park, J.J. Williams Park, Second Street Playground, Essex Street Recreation Area (Penjajawoc Park), Stillwater Park Playground, and Union Street Recreational Area.
C. 
Fires. No person in a park shall build or attempt to build a fire, except at such areas and under such regulations as may be designated by the Director. No person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco or other inflammable material within any park area or on any highway, road or street abutting or contiguous thereto.
D. 
Closed areas. No person in a park shall enter an area posted as "Closed to the Public," nor shall any person use or let the use of any area in violation of posted notices.

§ 231-8 Merchandising, advertising and signs.

Except in conjunction with supervised activities under the general control and supervision of the Director and in particular activities conducted at Bass Park, no person in a park shall:
A. 
Vending and peddling. Expose or offer for sale any article or thing, nor shall he or she station or place any stand, cart or vehicle for the transportation, sale or display of any such article or thing. Exception is here made as to any regularly licensed concessionaire acting by and under the authority and regulation of the Director.
B. 
Advertising. Pronounce, advertise or call to the public attention in any way to any article or service for sale or hire.
C. 
Signs. Paste, glue, tack or otherwise post any sign, placard, advertisement or inscription whatever, nor shall any person erect or cause to be erected any sign whatever on any city-owned lands or highways or roads adjacent to a park. Exception from the prohibitions of this subsection is made for the posting of such notices as may be required by this chapter.[1]
[1]
Editor's Note: Original Sec. 8(4), Signs at Bass Park, as amended 12-28-1988 by Ord. No. 88-457, which immediately followed this subsection, was deleted 9-14-1998 by Ord. No. 98-339.
D. 
Exceptions. Sponsorship signs erected by the City of Bangor in accordance with Chapter 260, § 260-13F, and temporary sidewalk (sandwich board) signs and sidewalk merchandise displays in West Market Square permitted under § 260-9 and 260-9.1, respectively, shall not be deemed a violation of this section.
[Added 8-25-2003 by Ord. No. 03-253; amended 12-28-2016 by Ord. No. 17-035]

§ 231-9 Park operating policy.

A. 
Hours. With the exception of Bass Park and the Municipal Golf Course and except as provided in Subsection B below, all parks, as defined herein, shall be open to the public every day of the year from 6:00 a.m. to 10:00 p.m., Eastern standard time or Eastern daylight time, as may be then in effect by virtue of 1 M.R.S.A. § 151. Access by the public to the Municipal Golf Course and Bass Park shall be at such hours and on such conditions as may be established by the City Council. In the event that activities are conducted at either the Municipal Golf Course or Bass Park for which there is an admission fee charged, no member of the public shall have the right to enter said park areas without payment of such admission fee. The Director shall cause notices of the opening and closing hours to be posted in each individual park for public information purposes.
[Amended 9-14-1998 by Ord. No. 98-339]
B. 
Closed areas. Any section or part of any park may be declared closed to the public by the Director at any time for any interval of time, either temporarily or at regular stated intervals (daily or otherwise).
C. 
Entry prohibited. Except with the written permission of the Director, no person shall enter, pass through or remain in any park, or the closed area of any park, except during the hours and times when such park, or portion thereof, is open to the public as provided in this section.

§ 231-10 Enforcement.

[Amended 9-14-1998 by Ord. No. 98-339]
The Director and his or her subordinate employees shall, in connection with their duties imposed by law, diligently enforce the provisions of this chapter. In addition, the Code Enforcement Officer and the members of the Bangor Police Department shall also have the authority to enforce the provisions of this chapter.

§ 231-11 Violations and penalties.

[Amended 1-11-1999 by Ord. No. 99-47]
Any person, firm or corporation violating any provisions of this chapter, upon conviction thereof, shall be fined in an amount not exceeding $100. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.