Chapter 231 Public Parks

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.

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.

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.

Trees, shrubbery and lawns.

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.

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:

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, matter or thing, liquid or solid, which will or may result in the pollution of said waters.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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.

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 their control. This regulation shall not apply to a dog accompanying any handicapped person who, by reason of their 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.

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.

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.

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.

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]

Parking.

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 or daylight saving time, as may be then in effect.

[Amended 2-22-1993 by Ord. No. 93-139; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

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.

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 their 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, § 291-43D.

[Amended 9-13-1993 by Ord. No. 93-408; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Bicycles. No person in a park shall:

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.

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]

§ 231-6 Recreational activities and possession of sharp objects.

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.

[Amended 10-28-2024 by Ord. No. 24-319]

No person in a park shall:

Bathing and swimming.

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.

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

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.

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, hunting knives, slings or other forms of weapons potentially inimical to wildlife and dangerous to human safety or any instrument that 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.

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.

Sharp objects. Carry into a park, possess, or use sharp objects such as needles or knives, as those objects might tend to be left where children or others using the park may be exposed to danger of injury, except this prohibition does not apply to 1) knives with rounded blades or blunt edges without serration/teeth, such as butter knives or plastic cutlery, 2) individuals authorized by the City to carry out necessary maintenance or repair work, and 3) City employees or agents authorized to set up or remove equipment required for an authorized, organized activity.

[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]

Intoxicating beverages.

"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.

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.

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.

Smoking.

"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.