[Adopted 10-2-1990 as § 08.04 of the 1990 Code; amended 5-21-1996; 10-5-1999; 6-4-2003 by Ord. No. 2003-2]
The following definitions apply to this article and do not affect the meanings of words or terms in any other article of this Code. As used in this article, the following terms shall have the meanings indicated:
AMPLIFIED ACOUSTIC INSTRUMENT Any musical instrument designed to be played without mechanical amplification but that can also be connected to an amplifier; these may include, but are not limited to, acoustic guitars, violins/fiddles, upright/acoustic bass, mandolins, banjos, etc. Instruments designed to be played only with mechanical amplification are excluded.
[Added 5-18-2021 by Ord. No. 2021-04]
COMPLAINT A verbal or written notice received by the Police Department from a member of the public or from a police officer that, in the opinion of the complainant, the licensee violated this article.
DECIBEL The practical unit of measurement for sound-pressure level. The number of decibels of a measured sound is equal to 20 times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound (20 micropascals), abbreviated dB. The abbreviation dB(A) shall refer to readings taken on the A-weighted scale.
ENTERTAINMENT Any amusement, performance, exhibition or diversion for patrons or customers of the licensed premises, whether provided by professional entertainers or by full-time or part-time employees of the licensed premises whose incidental duties include activities with an entertainment value.
LICENSED PREMISS The physical location described in the special amusement permit application.
LICENSEE The holder of a license issued pursuant to the provisions of 28-A M.R.S.A., Liquors, as amended, or any person, individual, partnership, firm, association, corporation or other legal entity acting as agent or employee of any holder of said license.
LICENSEE'S MANAGE Person in charge of the licensed premises, including, by way of example and without limitation, manager, partner, agent, employee or person otherwise authorized to oversee the operation of the licensed premises in the absence of the licensee.
MUSICIAN One who performs music, whether instrumental or vocal.
OWNER The person or persons having the right of legal title to or the beneficial interest in a building or parcel of land, as their interest is recorded in the tax records of the Town of Bar Harbor.
VIOLATION, FIRST A first violation is deemed to have occurred if a police officer concludes that there are reasonable grounds to believe that a violation of this article has occurred and within the immediately preceding 12 months a licensee has received no summonses and no written warnings for violation of this article. Special amusement warnings and summonses issued prior to January 1, 2003, shall not be considered as within said twelve-month period.
VIOLATION, SECOND A second violation is deemed to have occurred if a police officer concludes that there are reasonable grounds to believe that another violation of this article has occurred, less than 12 months have elapsed since the first violation, and the licensee has received written warning of a first violation; provided, however, that if a second violation occurs within five calendar days after the first violation, the verbal warning previously issued to the licensee or licensee's manager shall be sufficient.
VIOLATION, SUBSEQUENT A subsequent violation is deemed to have occurred if a police officer concludes that there are reasonable grounds to believe that another violation of this article has occurred, less than 12 months have elapsed since the first violation, and the licensee has received written warning of a third violation; provided, however, that if a subsequent violation occurs within five calendar days after the third violation, the verbal warning previously issued to the licensee or licensee's manager shall be sufficient.
VIOLATION, THIRD A third violation is deemed to have occurred if a police officer concludes that there are reasonable grounds to believe that another violation of this article has occurred, less than 12 months have elapsed since the first violation, and the licensee has received written warning of a second violation; provided, however, that if a third violation occurs within five calendar days after the second violation, the verbal warning previously issued to the licensee or licensee's manager shall be sufficient.
[Amended 11-20-2012 by Ord. No. 2012-07; 5-18-2021 by Ord. No. 2021-04]
An applicant for a special amusement permit hereunder shall, as part of his/her application, demonstrate his/her ability to prevent the emanation of excessive noise from the premises sought to be licensed brought about by music, dancing or entertainment, except for a radio or other mechanical device excluded under 28-A M.R.S.A. §1054 or amendments thereto. Amplified outdoor music shall be limited to "amplified acoustic instruments" as defined in this chapter and one vocal microphone per performer; all outdoor amplification must adhere to this chapter. The performance of nonamplified music out of doors by licensees is prohibited between the hours of 10:00 p.m. and 9:00 a.m. The performance of amplified music out of doors by licensees is prohibited between the hours of 9:00 p.m. and 11:00 a.m.
A. Sources of noise. Sources of noise contemplated by this section shall include musical instruments, sound modification or amplification devices used in connection with musical instruments and/or other similar devices which produce, reproduce or amplify sound created by musical instruments. Sources of noise shall further include any noise or sound produced directly or indirectly by the applicant's music, dancing or entertainment except for those mechanical devices specifically excluded under 28-A M.R.S.A. § 1054 or amendments thereto.
B. Noise. Sources of noise shall be required to be muffled so as not to be objectionable due to intermittence, beat, frequency, shrillness, intensity or volume.
C. Noise control. The maximum permissible sound-pressure level of any continuous, regular, frequent, intermittent or periodic source of
noise produced by any activity regulated by this article shall not exceed 71 dB(A) at any time at the measuring locations specified in §
14-6D(3)(e) below.
D. Measurement procedures. For the purpose of determining noise levels as set forth in this article, the following procedures shall be used:
(1) All personnel conducting sound measurements shall be trained in the current techniques and principles of sound-measuring equipment and instrumentation.
(2) Instruments used to determine sound-level measurements shall conform to the standards of ASI Type I or Type II meters.
(3) The general steps listed below shall be followed when preparing to take sound-level measurements:
(a) The instrument manufacturer's specific instructions for the preparation and use of the instrument shall be followed.
(b) The sound-level meter shall be calibrated before and after each set of measurements. The calibrator itself shall be recalibrated at least once every year.
(c) When measurements are taken out of doors, a wind screen shall be placed over the microphone of the sound-level meter as per the manufacturer's instructions. No sound-level measurement shall be taken at wind speeds greater than 12 miles per hour; neither shall measurements be taken during periods of precipitation.
(d) The sound-level meter shall be placed as specified by the manufacturer's instructions and at least four feet above the ground. It shall be placed so as not to be interfered with by individuals conducting the measurements.
(e) Measurements shall be taken at points outside the licensed premises which are no less than five feet and no more than 10 feet from the lot lines of the licensed premises.
(f) No less than two readings taken by the sound-level meter within a fifteen-minute period shall constitute a reasonable basis for averaging a set of measurements. A simple arithmetic average may be taken, summing all the measurements and dividing the sum by the number of measurements taken. This is known as "L50 descriptor," representing the mean sound-pressure level which is exceeded 50% of the time.
Regardless of whether or not the mean sound-pressure level limit as set forth in §
14-6C is exceeded, the licensee or his/her authorized representative shall not permit the use of the premises to result in any continued, excessive or loud and unreasonable
noise or any
noise which either annoys, disturbs, injures or endangers the comfort, repose, health or safety of individuals or which results in disturbing the peace and tranquility of the neighborhood.
Any applicant requesting a special amusement permit from the Town Council shall be notified in writing of its decision no later than 15 days from the date his/her request was received by the Town Council. In the event that an applicant is denied a permit, the applicant shall be provided with the reasons for denial in writing. The applicant may not reapply for a permit within 30 days after an application for a permit has been denied, except with the consent of the Town Council.
Any applicant who has requested a permit and has been denied or licensee whose permit has been revoked or suspended may, within 30 days of denial, suspension or revocation, appeal the decision as provided by Title 28-A MRSA § 1054.
A licensed hotel, Class A restaurant, Class A tavern or restaurant malt liquor licensee who has been issued a special amusement permit may charge admission in designated areas approved by the municipal special amusement permit.
The invalidity of any provision of this ordinance shall not invalidate any other part.