[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 10-2-1990
as Ch. 6 of the 1990 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Paper, cartons, boxes and barrels, wood and excelsior, small tree
trimmings, wood furniture which has been broken up, and bedding.
Waste from the preparation, cooking and serving of food, as well
as market refuse and waste from the handling, storage and sale of food.
Any dog, cat, or other domesticated animal which is kept by its owner
for his or her own personal pleasure, but not dogs used in guiding the blind.
Bottles and cans, metal furniture, bedsprings, glass, crockery, mineral
refuse, ashes, sweepings, dirt, leaves, stumps, abandoned automobiles, and
industrial waste resulting from manufacturing processes.
The Health Officer for the Town of Bar Harbor shall perform the duties enumerated in this Code and Chapter 153 of Title 22, Maine Revised Statutes.[1]
[1]
Editor's Note: See 22 M.R.S.A. § 451 et seq.
The periods of quarantine, isolation, control and observation of a person
who has or is suspected of having a communicable disease shall be those prescribed
from time to time by the State Department of Health.
Every owner or custodian of an animal afflicted with glanders, anthrax,
rabies, trichinosis, foot and mouth disease, tuberculosis, or any other disease
which may be transmitted to human beings, and every veterinarian treating
such animal, shall report the existence of the disease to the Health Officer.
The Health Officer may cause the animal to be isolated and to be given such
care as may be necessary to prevent the transmission of the disease to other
animals or to human beings. No animal afflicted with any of these diseases
shall be allowed upon any highway or in any public place. If an animal having
such a disease dies, its body shall be destroyed under the direction of the
Health Officer in such a manner that the disease shall be prevented from spreading.
No building that is in such a dilapidated condition or state of filthiness
or uncleanness as to endanger the health or life of any person that occupies
it, or that is not furnished with a safe water supply or with toilet facilities,
shall be used as a dwelling or rented for that purpose. The Health Officer
may investigate such dwelling, and if conditions are found to be, in his judgment,
dangerous to health or life, he may declare the building unfit for human habitation.
A.
As often as he deems it to be necessary, the Health Officer
shall examine or cause to be examined by a competent engineer the sewerage
system or water supply of the Town of Bar Harbor. A report of such inspection
and examination shall be made to the Town Council.
B.
The Health Officer is hereby authorized to require the
opening of any or all dead ends in the system owned by the Bar Harbor Water
Company for the purpose of making these inspections.
A.
Collection from hotels, stores, markets, etc. The proprietors
of hotels and the owners or tenants of markets, shops or stores or eating
places shall convey all garbage and decaying matter upon their premises to
the municipal solid waste collection center. Such garbage and decaying matter
shall be conveyed every day from hotels and markets and every two days from
shops, stores, eating places and residences. The owner or occupant of any
premises where swill or garbage shall accumulate shall provide a covered,
watertight receptacle on said premises for such swill or garbage and shall
deposit or cause to be deposited all such swill or garbage in said receptacle.
No person shall deposit any garbage in any other place than such a garbage
receptacle as is hereby prescribed. All wastepaper, excelsior, rags, old clothes,
bedding or other combustible rubbish or refuse which will scatter if loose
shall be fastened together securely by tying or otherwise and be so placed
on the premises as to be easily collected.
B.
Method of conveyance and penalty.
(1)
All conveyances for transporting garbage in the form
of swill, decaying meats, fish, or vegetables or other decaying matter must
be lined with zinc or iron and made watertight and have covered tops, or the
garbage must be put into covered barrels. All such conveyances or barrels
must be kept clean and in a sanitary condition. Such conveyances must not
stop in the streets for other purposes than the collection of garbage, and
not longer than is necessary to collect the same, and must then proceed to
the municipal solid waste collection center. Whoever transports within the
limits of said Town any garbage, ashes, waste matter, rubbish, or refuse of
any kind, except in conveyances covered with canvas or other material to prevent
the contents of said conveyance from scattering, shall be punished in accordance
with the general provisions of this Code.[1]
C.
Offensive odors. No person shall deposit or maintain
any garbage, refuse, sewage, or other substance which gives off offensive
odors upon any highway or public place or in any place from which the odors
may escape and become offensive to human beings.
D.
Rodent breeding places. No collection of rubbish shall
be maintained in such a state that it is a breeding place for rats and mice.
E.
Unlawful deposit of waste. No person shall deposit any
refuse from lawns, gardens or buildings or any waste, offal or garbage of
any kind upon any shore, beach or bar or in the waters of the harbor between
the north side of Hulls Cove and Bear Brook.
F.
Dumping prohibited. It shall be unlawful and a violation
of this Code for any person, firm, association or corporation to dump or cause
to be dumped any combustible rubbish or garbage at any place in the Town of
Bar Harbor other than the municipal solid waste collection center, unless
another disposal area is designated by the municipal officers. No person shall
dump or cause to be dumped any combustible or noncombustible rubbish or any
garbage at the municipal solid waste collection center at any time when the
municipal refuse incinerator plant is not open and operating, except by express
permission from the superintendent in charge of said municipal solid waste
collection center.
G.
Dumps prohibited. It shall be unlawful and a violation of this Code for any person, firm, association or corporation to establish or cause to be established a dump for the disposal of garbage and combustible rubbish, but said garbage and combustible rubbish shall be disposed of at the municipal solid waste collection center as provided in Subsection F of this section. Violations shall be punished in accordance with § 1-18 of this Code.
H.
Cleanliness of municipal solid waste collection center.
The direction and maintenance of the municipal solid waste collection center
shall be under the control of the Town Manager. The Health Officer shall inspect
said municipal solid waste collection center and the premises used in connection
with the same from time to time and report to the Town Manager the sanitary
condition thereof.
A.
Finding of fact; purpose.
(1)
It is found and declared that:
(a)
There exist throughout the Town of Bar Harbor abandoned,
unserviceable, junked, discarded or worn-out motor vehicles or parts thereof
which are presently being permitted to accumulate and to remain on privately
owned property;
(b)
Said motor vehicles or parts thereof which are in close
proximity to dwelling houses, stores, public areas of recreation or any other
places to which persons have access are injurious to the comfort, happiness
and well-being of individuals and the public;
(c)
Said motor vehicles or parts thereof constitute an attraction
to children and pose a threat to their physical well-being;
(d)
Said motor vehicles or parts thereof are unsightly and
detract from the natural scenery of Bar Harbor; and
(e)
The maintenance of said motor vehicles or parts thereof
depreciates the value of surrounding property.
(2)
The necessity in the public interest for the provisions
and prohibitions hereinafter contained and enacted is declared as a matter
of legislative determination and public policy, and it is further declared
that the provisions and prohibitions hereinafter contained and enacted are
in pursuance of and for the purpose of securing and promoting the public health,
safety and welfare of the inhabitants of the Town of Bar Harbor.
B.
Junked vehicles prohibited. It shall be unlawful for
any person, firm or corporation to maintain or permit to exist on property
either owned, possessed or otherwise controlled by him or it any abandoned,
unserviceable, junked, discarded or worn-out motor vehicle, vehicles, or part
or parts thereof within a distance of 500 feet from any building or structure
in, on or around which any person may reside, congregate or frequent.
C.
Scope.
(1)
Applicability. The provisions of this section shall apply
to such motor vehicles or parts thereof which are not contained within a building
or structure which completely or substantially conceals them.
(2)
Limitations on applicability. The provisions of this
section shall not apply to those persons, firms or corporations who or which
hold valid licenses or permits to maintain such motor vehicles or parts thereof
pursuant to the laws, rules and regulations of the State of Maine or the federal
government.
D.
"Motor vehicle" defined. For the purposes of this section,
the term "motor vehicle" shall mean any self-propelled vehicle not operated
exclusively on tracks, including motorcycles but not including snowmobiles
as defined by the laws of Maine.
E.
Additional remedy; injunction. Any violation of this section or any provision thereof shall be deemed a public nuisance and may be subject to abatement by a restraining order or injunction issued by a court of competent jurisdiction in addition to the general penalty set forth in § 1-18 of this Code.
A.
Testing. Plumbing work shall not be used unless the same
has been tested in the presence of the Plumbing Inspector. Water shall be
used for said test where practicable. If not practicable, peppermint or other
reliable tests may be made and approved by him in writing.
B.
Plumbing standards. All plumbing installed throughout
the Town of Bar Harbor shall conform to the basic plumbing principles prescribed
by the rules and regulations of the State Department of Health in relation
to plumbing work done within the state, with the following amendment: No pipes,
tanks, faucets, valves, or other fixtures through which waste or sewage is
used and carried shall be installed in any building except in accordance with
plans approved by the Inspector of Plumbing, and no plumbing shall be done,
except to repair leaks, without a permit being first issued therefor.
All eating and lodging places, recreation and overnight trailer camps
shall conform to the rules and regulations as prescribed from time to time
by the state.
No food shall be sold or offered for sale in any grocery, butcher shop,
or fish market or other food shop in which any marked condition of uncleanness
or filthiness exists.
[Added 3-17-1992]
A.
No person shall operate trucks, automobiles, or other
similar motor vehicles designed for use on the public highway on the ice of
either Eagle Lake or Bubble Pond.
B.
No person shall utilize an ice fishing shelter on either
Eagle Lake or Bubble Pond unless the same is equipped with solid, nonremovable
floors without a trap door, or other device or design permitting access to
the ice or water below from within the shelter.
C.
No person shall wind surf or utilize a surfboard of any
kind on the waters of either Eagle Lake or Bubble Pond. No person shall swim,
bathe, or engage in any sport or water activity in which more than 1/3 of
his or her body is submerged in either Eagle Lake or Bubble Pond.
D.
The penalty for violation of this section shall be not
less than $100 nor more than $2,500 for each offense.
