[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."
[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:
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; 2-26-2018 by Ord. No. 18-106]
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 | 168 |
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 | 001-B |
| 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.
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.
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, 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)]
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 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]
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.
[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.
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 they 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.
D. Exceptions. In Hannibal Hamlin Mall (Tax Map 41, Lot 71) one sign erected on behalf of the University of Maine Museum of Art at its entrance not to exceed three feet in width, three feet in depth, or eight feet in height and subject to design review and approval by the Director of Parks and Recreation, Director of Community and Economic Development, and City Manager, 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; 4-23-2019 by Ord. No. 19-141]
[Amended 9-14-1998 by Ord. No. 98-339]
The Director and their 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.
[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.