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. 1 and Ch. VII, Art. 5, Secs. 5 and 6. Amendments noted where applicable.]
GENERAL REFERENCES
Police regulations — See Ch. 215.
Property maintenance — See Ch. 223.
Sewers and drains — See Ch. 252.
Sidewalks — See Ch. 257.
Solid waste — See Ch. 265.
Streets — See Ch. 271.
No owner or driver of any truck, cart, wagon, sled, sleigh, wood team, load of hay, handcart or butcher's cart or wagon or fishermen with fish shall stand at any other place than such as may or shall be established by the municipal officers.
[Amended 3-12-1990 by Ord. No. 90-91]
No person shall offer for sale or sell any goods, wares and merchandise at retail in any street or lane, upon any sidewalk or public place within the City or from house to house without first obtaining permission from the municipal officers or from some person by them authorized and by paying whatever license fee the municipal officers may from time to time require.
[Amended 12-8-1975; 9-14-1998 by Ord. No. 98-339; 4-25-2016 by Ord. No. 16-146]
No person, firm or corporation shall hang or cause to be hung any goods or other things over any sidewalk or suffer any spout to leak water on the same over the head of any person or hang, fasten or suffer to be hung or fastened from any building or lot owned by or in possession of said person, firm or corporation, or hang, fasten or affix to any building owned or in possession of others, any flag or banner of any description which shall project over any street or sidewalk, unless permitted to do so by the Code Enforcement Officer of the City of Bangor.
[Added 1-9-2017 by Ord. No. 17-055]
A person, firm or corporation shall not cut, trim, deface, damage, destroy or in any way injure any public shade tree, as the same is defined by 30-A M.R.S.A. § 3281, as the same may be amended, without first obtaining a written permit from the Public Works Director and in all such cases shall conform to the conditions, limitations and restrictions therein stated. Penalties for violations of this section shall be imposed in accordance with 30-A M.R.S.A. § 4452.
[1]
Editor's Note: Former § 234-4, Marquees and permanent awnings; fee, was repealed 1-12-2009 by Ord. No. 09-030.
No person shall suffer his or her cellar door, or passage from the sidewalk into any cellar or basement, to be kept open when not in immediate use or, in any case, after sunset, unless a good and sufficient light shall be constantly kept at the entrance of such door or passage. This section shall not exempt such person from liability for damages for any injury caused by said door or passage.[1]
[1]
Editor's Note: Former Sec. 6, which immediately followed this section, was deleted 4-26-1993 by Ord. No. 93-204.
[Amended 8-27-2018 by Ord. No. 18-317]
No person shall deposit or cause or allow to be deposited ice or snow in any street or lane or sidewalk or public square of the City.
[Added 8-27-2018 by Ord. No. 18-317]
If any person shall deposit or cause or allow to be deposited ice or snow in any street or lane or sidewalk or public square of the City, the City Manager may direct the City's Public Works Director to cause the removal or control of such snow or ice, and the person who deposited or caused or allowed to be deposited ice or snow, the owner, tenant, firm, corporation, and/or other occupant of the property from which the ice or snow originated shall be jointly and severally liable to repay the City of Bangor all reasonable charges therefor.
No person shall throw or deposit or otherwise place upon any sidewalk or crosswalk in the streets or highways of the City or on any crosswalk or walk in any of its public parks, squares or places any banana, orange or apple peel or any fruit or vegetable or part thereof.
[Amended 11-27-1967; 12-11-2006 by Ord. No. 07-40]
A. 
No person shall engage in any athletic game on or upon any of the public streets of the City except as otherwise provided by order of the City Council or as provided herein. For purposes of this section, an athletic game is defined as any activity involving two or more individuals and using a ball or other object that can be thrown, hit, or otherwise directed between the parties or which, regardless of the number of individuals involved, includes the placement of temporary structures in the right-of-way such as basketball, soccer, or hockey net or ramps for activities such a skateboarding.
B. 
Regulations and definitions.
(1) 
Athletic games shall be permitted on streets only in accordance with all of the following regulations:
(a) 
Playing an athletic game shall be limited to local streets, as defined below, and shall be prohibited on all other streets.
(b) 
Athletic games are not permitted prior to 8:00 a.m. or after 9:00 p.m.
(c) 
Those engaged in athletic games shall be required to yield the right-of-way to vehicular traffic.
(d) 
Only temporary structures may be located in the right-of-way for the purposes of any type of athletic game. Temporary structures may be utilized during the period from April 1 to October 31, provided that they do not impede vehicular movement and, if present in the right-of-way during nighttime hours, have reflectors or reflective tape placed upon them which is visible to approaching vehicles and pedestrians. Permanent structures are prohibited. Any temporary structure used for the purpose of athletic games shall be immediately removed upon the order of the police, fire, or public works departments where such removals necessary as a result of emergency situations, work in the right-of-way, or other permitted events or activities.
(e) 
No athletic games are permitted within 30 feet of an intersection.
(2) 
For purposes of this section, a temporary structure shall be one that does not have a concrete foundation or any other type of foundation that adheres to or requires attachment to a roadway, sidewalk, or esplanade area. A temporary foundation is one that consists of sand, water, or some other type of weight system directly attached to the structure.
(3) 
For purposes of this section, a local street is one that:
(a) 
Primarily serves residential properties;
(b) 
Has a speed limit of 25 miles per hour or less;
(c) 
Is not an arterial street, defined generally as a highway of regional significance with average annual daily traffic in excess of 10,000 vehicles and containing more than two lanes in at least some sections. Specifically, the following streets are to be considered major arterial streets: Broadway, Hammond Street, Hogan Road, Main Street, Odlin Road, State Street, Stillwater Avenue, and Union Street.
(d) 
Is not a collector street, defined as a street that carries a majority of traffic that does not originate or terminate on the street and which provides interconnection between distinct areas, such as neighborhoods and commercial areas, or provides interconnection of such areas between communities. For purposes of this section, only the following streets are to be considered collector streets: Buck, Burleigh, Cedar, Center, Chase, Church, Davis, Essex, Fourteenth, Garland, Grandview (from Broadway to Essex), Griffin, Howard, Husson, Kenduskeag, Mount Hope, Ohio, Pushaw, Third, Thirteenth, Valley, and Webster.
C. 
Authority of police to further prohibit athletic games in the right-of-way.
(1) 
The Police Chief or his or her designee shall have the authority to prohibit athletic games on streets or sections of streets where it is otherwise allowed in Subsection B above under any of the following circumstances:
(a) 
The sight distance of an approaching motorist to the area used for ball playing is less than 150 feet due to topographic limitations or other visual obstructions.
(b) 
The activity at a particular location has resulted in documented incidences of damage to private property two or more times within a thirty-day period.
(c) 
Participants in ball playing at a particular location have violated the hour restrictions of Subsection B(2) above two or more times within a thirty-day period.
(d) 
Participants in ball playing at a particular location have been cited for disorderly conduct on two or more occasions within a thirty-day period.
(e) 
Upon a finding by the Chief of Police or his/her designee that the activity poses a threat to the health, safety, and welfare of participants or residents within the block on which the activity occurs.
(2) 
A prohibition issued under Subsection C(1)(a) shall specify the street or section of street on which athletic games are prohibited and shall remain in effect permanently or until such time as physical changes may be made which increase the sight distance sufficient to bring the area in question into compliance. Prohibitions issued under Subsection C(1)(b) through (e) shall specify the street or section of street on which athletic games are prohibited and shall remain in effect until April 1 of the following year. Appeals from the decision of the Police Chief or his/her designee shall be made to the Board of Appeals in accordance with the provisions of Chapter 23, Article I, § 23-3 of this Code.
[Amended 6-10-1974; 9-14-1998 by Ord. No. 98-339]
Whosoever shall file an application with the municipal officers as provided by 35-A M.R.S.A. § 2516 shall, in addition to all other restrictions which may be required by the City Council, post a bond in the amount of not less than $1,000 payable to the City of Bangor to indemnify the City for any damage which may be sustained to City streets, sidewalks, poles, wires, hydrants or other city structures and to guarantee the completion of the moving within the time prescribed by Council.
No person shall make any indecent figures or write any indecent or obscene words upon any fence, sidewalk, building or other public place within the City, or deface any building, fence or other property not his or her own in said City, by cutting, breaking, daubing with paint or in any manner defacing or injuring the same.
[Amended 9-14-1998 by Ord. No. 98-339]
If any person shall willfully or maliciously break or cause to be broken any light, globe or incandescent light forming a part of the apparatus used for the purpose of lighting the streets, lanes or squares of the City of Bangor, he or she shall be punished by a fine not exceeding $100, plus the cost of repair of the apparatus concerned.
[Amended 9-14-1998 by Ord. No. 98-339; 8-27-2018 by Ord. No. 18-317]
Any person guilty of a violation of any of the provisions of this chapter or amendments thereof to which a particular penalty is not annexed shall be punished by a fine not less than $100, and each day on which such violations continue shall constitute a separate offense.