[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 5-21-2002.
Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Disorderly House
Ordinance of the Town of Bar Harbor."
A.
The purpose of this chapter is to protect the health,
safety and welfare of the residents of the Town of Bar Harbor by eliminating
the proliferation of residences harboring occupants who disturb the peace
and tranquillity of their neighborhoods.
B.
The Town Council finds that:
(1)
Chronic unlawful or nuisance activity of various kinds
on and near disorderly properties adversely affects the health, safety and
welfare of citizens and diminishes the quality of life in neighborhoods where
this chronic activity occurs. Chronic unlawful or nuisance activity constitutes
a public nuisance and should be subject to abatement.
(2)
The Town has a substantial and compelling interest in
protecting the health, safety and welfare of its citizens and the neighborhoods
affected by chronic unlawful or nuisance activity.
(3)
The processes presently available do not adequately control
chronic unlawful or nuisance activity or its detrimental effects on citizens
and neighborhoods where such chronic activity occurs.
(4)
Establishing the proposed regulatory scheme will alleviate
the problems created by chronic unlawful or nuisance activity through early
intervention by the Chief of Police.
C.
To obtain benefits referred to in the previous subsections,
the Council adopts the following chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
Any building, dwelling, dwelling unit, rooming house, rooming unit,
tent, camping trailer, camping site or other structure or place occupied either
temporarily or permanently by human beings.
The Chief of Police of the Town of Bar Harbor or his/her designee.
Situations created within or in the immediate vicinity of a building
by a building's owner, occupants, or tenants, or the invitees of an owner,
tenant or occupant, which would have a tendency to disturb unreasonably the
community, the neighborhood or an ordinary individual occupying property in
or near the disorderly activity, including but not limited to loud music;
boisterous parties; excessive loud or unnecessary noises emanating from within
the building which are audible outside the building; fights within the building
or in its vicinity involving occupants of the building or their invitees;
occupants of the building or their invitees being intoxicated outdoors in
the vicinity of the building; the arrest and conviction of occupants or their
invitees for activities which constitute either a crime or civil infraction
under either state or local law; and other similar activities in the building
or outside the building itself.
A complaint of a disorderly activity to which the Police Department
responds and which the Police Department determines to be substantiated. Multiple
responses to a single building which occur within a twelve-hour period shall
be counted as a single disorderly event, and a subsequent disorderly event
shall not be deemed to have occurred until the Police Department has notified
the owner, by telephone or as provided below, of the previous complaint and
response.
Any building at which the Police Department has substantiated four
disorderly events.
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.
The Police Department of the Town of Bar Harbor.
The Police Department shall document all responses to complaints of
disorderly activities and classify each as either a substantiated disorderly
event or unfounded complaint at the sole discretion of the Police Department.
Whenever the Police Department substantiates a disorderly event, the
Department shall notify the owner according to the number of prior disorderly
events, if any, as provided below.
A.
First disorderly event. At the earliest practicable moment,
but within not more than five calendar days after the first disorderly event
at a building, the Police Department shall deliver in hand to the owner or
send by first class mail a copy of this chapter and a notice advising the
owner that the Police Department has substantiated a disorderly event at his
or her building. A copy of the notice shall be provided to the Town Council.
B.
Second disorderly event. At the earliest practicable
moment, but within not more than three calendar days after the second disorderly
event at a building, the Police Department shall deliver in hand to the owner
or send by first class mail a copy of this chapter and a notice advising the
owner that the Police Department has substantiated a second disorderly event
at his or her building. A copy of the notice shall be provided to the Town
Council.
C.
Third disorderly event. At the earliest practicable moment,
but within not more than three calendar days after the third disorderly event
at a building, the Police Department shall deliver in hand to the owner or
send by certified mail, return receipt requested, a copy of this chapter and
a notice advising the owner that the Police Department has substantiated a
third disorderly event at his or her building and warning the owner that his
or her building will be classified as a disorderly house if there is a fourth
disorderly event. A copy of the notice shall be provided to the Town Council.
D.
Fourth disorderly event. At the earliest practicable
moment, but within not more than three calendar days after the fourth disorderly
event at a building, the Police Department shall deliver in hand to the owner
or send by certified mail, return receipt requested, a copy of this chapter
and a notice advising the owner that the Police Department has substantiated
a fourth disorderly event at his or her building and that said building has
been classified as a disorderly house. The notice shall advise the owner that
he or she or his or her legal counsel must meet with the Chief of Police within
seven days of the date that the written notification was mailed or delivered
in hand, or such other time as agreed by the Chief, to identify ways in which
the problems which have been identified will be eliminated. A copy of the
notice shall be provided to the Town Council.
(1)
At the time of said meeting, the owner shall provide
to the Town the following documentation:
(a)
An up-to-date list of all tenants and/or other authorized
occupants of the disorderly house;
(b)
Copies of all leases with tenants residing in the disorderly
house (confidential financial information may be expunged); and
(c)
Documentation of any other written or verbal arrangements
authorizing occupancy of the disorderly house.
(2)
At the meeting, the owner must agree to take effective
measures to address the disorderly house, which measures shall be memorialized
in a written agreement at the conclusion of the meeting and shall be implemented
within one week of the meeting unless another date is agreed upon by the Chief.
Said written agreement shall be signed by the Chief and the owner. If the
owner fails or refuses to enter into such an agreement at the conclusion of
the meeting, the Chief shall refer the matter to the Town Council for a hearing
and possible closure of the disorderly house to occupancy.
E.
Delivery of notices. Any notice telephoned, mailed or
delivered to any owner as provided in this chapter shall be effective as to
the owner identified in the notice notwithstanding such owner's refusal to
accept delivery of the notice and notwithstanding any failure of any other
owner to actually receive notice.
A.
Failure to remedy conditions leading to disorderly house
classification.
(1)
It is a violation of this chapter for any owner to:
(b)
Refuse to enter into an agreement to take effective measures
to address the disorderly house;
(c)
Take only measures which the Chief determines are not
actually effective in addressing the disorderly house; or
(d)
Fail to implement the agreement reached with the Chief
to address the disorderly house.
B.
Hearing before the Town Council. Upon being informed by the Chief that an owner has been referred for a hearing for violation of this chapter, the Town Clerk shall provide written notice to the owner, either in hand or by certified mail, return receipt requested, and to all owners of land within 300 feet of the owner's premises by first class mail, stating the time and place where the Council will conduct a public hearing to consider whether the Council will order the disorderly house closed to occupancy as provided in Subsection C below.
C.
The Council shall hold the hearing no earlier than seven
days after the mailing or in-hand delivery of the notice to the owner of the
disorderly house. Following the hearing, the Town Council, by a preponderance
of the evidence, shall make a determination of whether the owner has committed
a violation of this chapter.
(1)
If the Town Council finds that the owner has committed
a violation of this chapter but the owner has committed no prior violation
of this chapter within 12 months of the date of the current violation, the
Council shall order the disorderly house closed to occupancy for no less than
30 and no more than 120 days.
(2)
If the Council finds that the owner has committed a violation
of this chapter and the owner has committed a prior violation of this chapter
within the 12 months prior to the current violation, the Council shall order
the disorderly house closed to occupancy for no less than 60 and no more than
180 days.
D.
Effective date of closure. The Town Council order closing
a disorderly house to occupancy shall take effect 10 days following the date
of the order. Within 24 hours of the Town Council order, the Chief of Police
shall post the closed disorderly house with a notice prohibiting building
occupancy between the dates designated by the Town Council and showing the
fine for occupancy during this period. Removal of said notice by the occupants,
owner or others shall not affect the validity of the order against the owner
or any person having actual knowledge of the closure.
E.
Occupancy in violation of chapter. No person shall occupy
a disorderly house which the Town Council has closed against occupancy, nor
shall any owner permit the occupancy of any closed disorderly house. Occupancy
of a closed disorderly house shall be prima facie evidence that the owner
has permitted such occupancy, unless the owner demonstrates that the occupants
remained in the disorderly house despite the owner's having taken all legal
actions necessary to remove them promptly after the date of the Council order
of closure, including, where available to the owner, an action for forcible
entry and detainer.
Any violation of this chapter or any provision thereof shall subject
the violator to fines as provided under the general penalty set forth in this
Code.[1] Each day of a continuing violation shall constitute a separate
offense.
Any violation of this chapter or any provision thereof shall be deemed
a public nuisance and may be subject additionally to abatement by a restraining
order or injunction issued by a court of competent jurisdiction in addition
to the general penalty set forth in this Code.
