[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.]
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.
No person shall suffer their 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: Original Sec. 6, which immediately
followed this section, was repealed 4-26-1993 by Ord.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 their 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(1)(b) 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 their
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 their 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 their 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, they 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.
