[HISTORY: Adopted by the Town Council of
the Town of Bar Harbor 3-4-2003 by Ord. No. 2003-1. Amendments noted
where applicable.]
The purpose of this chapter is to regulate the
conduct of persons using or occupying the public parks and recreation
areas of the Town in order to preserve these areas from misuse or
destruction and to enhance their use for the members of the public
who use the parks in a reasonable manner.
As used in this chapter, the following words,
terms and phrases shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
A competitive or noncompetitive recreational program or activity
in which people participate in exercises, sports, or games requiring
physical strength, agility, or stamina.
[Added 6-11-2008 by Ord. No. 2008-01]
Any retail sale from which 100% of the profit goes to the
vendor.
Any special event having a duration of more than four hours
to 48 hours, including time required for setup and breakdown
[Amended 6-11-2008 by Ord. No. 2008-01]
Any special event having a duration of four hours or less,
including time for setup and breakdown.
[Amended 6-11-2008 by Ord. No. 2008-01]
A corporation designated as a not-for-profit corporation
by the United States Internal Revenue Service.
Any retail sale from which 100% of the profits goes to a
nonprofit organization.
Any Town-owned or "leased land or facility" listed in § 144-4.
[Amended 6-11-2008 by Ord. No. 2008-01]
Any event proposed to be held within Town parks at which
it could reasonably be assumed that 25 or more persons might gather
or participate.
Any conveyance including, but not limited to, an automobile,
truck, motorcycle, trail bike, trailer, wagon, snowmobile, bicycle,
or watercraft.
The following order of construction applies
to this chapter:
A.
Scope of chapter. This chapter applies to all activities
in, on, or over Town parks.
B.
Exception. This chapter does not apply to the activities
of Town employees or independent contractors engaged in construction,
maintenance or repair of a park, while under the supervision or control
of the Town.
[Amended 6-11-2008 by Ord. No. 2008-01]
A.
The parks referred to in this chapter include the
areas within the boundaries of the following properties as described
in the records of the Tax Assessor's office as follows:
|
Park
|
Map-Block-Lot
| |
|---|---|---|
|
Agamont Park
|
That portion of 002-005-015 southerly of West
Street and the Shorepath, excepting Newport Drive and the parking
lot
| |
|
Athletic Field
|
004-001-001 and 004-001-013 and 004-001-014
| |
|
Barker Park
|
003-004-034
| |
|
Glen Mary Park
|
004-012-001
| |
|
Grant Park
|
002-005-006A
| |
|
Hadley Point Landing
|
That portion of 202-002-000 lying above the
mean high-water mark
| |
|
Harborview Park
|
That portion of 003-005-009 lying north of West
Street and west of Main Street
| |
|
Millbrook Preserve
|
11C-000-075B and 11C-000-075D
| |
|
Park Street Playground
|
004-008-008
| |
|
Town Hill Playground
|
That portion of 227-018-004 leased by the Town
for park purposes
| |
|
Village Green
|
003-01-004
|
B.
The following properties are not considered Town parks
for the purpose of this chapter.
|
Location
|
Map-Block-Lot
| |
|---|---|---|
|
Blue Star Highway Monument
|
13A-000-036
| |
|
Town Beach
|
That portion of 002-005-015 lying north of the
Shorepath
|
A.
Hours. All Town parks shall be closed to the public
between the hours of 12:00 midnight and 6:00 a.m. every day.
B.
Presence prohibited. No person shall be present in
a park during said periods of time without the permission of the permitting
authority.
C.
Hours may vary. The permitting authority may vary
the closure hours for special events.
[Amended 6-11-2008 by Ord. No. 2008-01]
D.
Special closures. Any section of any park may be declared
closed to the public by the Public Works Director, Fire Chief or Chief
of Police at any time and duration, for any either temporarily or
at regular stated intervals, by posting suitable signs or other markings.
No person shall remain in such a closed area.
[Amended 6-11-2008 by Ord. No. 2008-01]
No person shall interfere with the use and enjoyment
of the parks by other members of the general public.
No person shall unreasonably disturb the peace
of homeowners or businesses located adjacent to or in the neighborhood
of the parks.
No person shall deposit rubbish, refuse, garbage
or other waste material in a park, except in the receptacles so provided.
Where receptacles are not provided, all such rubbish or waste shall
be carried away from the parks by the person responsible for its presence.
No person shall allow a domestic animal to roam
in a Town park unless restrained by a leash.
No person shall use any public park in the Town
of Bar Harbor for the purpose of overnight accommodation or a temporary
or permanent abode or habitation, except with the written permission
of the permitting authority.
Except at the Athletic Field and Grant's Park,
no person shall throw, toss, pass or kick any object, including but
not limited to footballs, baseballs, flying discs, lawn darts, boomerangs,
sacks, sticks or the like.
No person shall use or ride a skateboard, in-line
skates, roller skates, bicycles, or the like in a park, except in
areas determined by the Public Works Director and so designated by
appropriate Town signs.
No person shall damage, move, or remove any
building, structure, appurtenance, or personal property whatsoever.
A person shall not construct or erect a building
or structure of any kind, except in conformance with a special event
permit.
No person shall climb, walk, stand, or sit on
a monument, vase, fountain, railing, fence, or any other structure
not designed for that purpose.
All persons must obey all signs posted in any
park for the protection of property, or the promotion of the health,
safety, or general welfare of the occupants of a park or the residents
of the Town.
A.
State law applies. All provisions of state law relating
to the operation of motor vehicles shall apply within parks.
B.
Stay on the road. No person shall operate any vehicle
in a park on any areas except a public way, park road, or parking
area, or in those areas specifically designated by the Town, except
as authorized by the permitting authority.
C.
Designated areas. A person shall park a vehicle only
in a designated parking area and in accordance with any pavement markings,
posted directions or the instructions of any parking attendant.
D.
Night parking prohibited. A person shall not leave
a vehicle, construction equipment or construction materials standing
or parked at night in a park after closing hours. Any vehicle, equipment
or materials found in a park after closing hours shall be removed
and stored at the expense of the owner.
Horses are prohibited from all parks, except
as authorized by the permitting authority.
No person shall swim, bathe, or wade in any
body of water in a park, except in those areas which are specifically
designated for swimming or bathing purposes, and in compliance with
posted regulations.
A.
Donations. No person shall remove money deposited
in a public fountain without the permission of the Public Works Director.
All funds collected shall be delivered to the Bar Harbor Village Improvement
Association in recognition of its renovation of the fountains.
B.
Climbing prohibited. No person shall climb, walk,
stand, or sit upon or swim, bathe, or wade in a public fountain.
A.
Disturbing wildlife prohibited. No person shall hunt,
trap, or disturb wildlife in a park.
B.
Discharge prohibited. No person shall discharge a
firearm, blank gun, air rifle, spring gun, bow and arrow, slingshot,
sling, or any other type of weapon which is potentially dangerous
to human beings or to wildlife, except as authorized by the permitting
authority as part of a special event.
No person shall consume or possess alcoholic
beverages in a park.
No person shall build a fire in a park, except
as authorized by the permitting authority as part of a special event.
Town parks will be made available, on a limited
basis, for special events subject to the following restrictions:
A.
Permit required. Athletic events, the Bar Harbor Town
Band and events sponsored or conducted by the Town shall be exempt
from special event permitting requirements; however, any other person
or organization which desires to conduct or sponsor a special event
at a Town park must first apply for and obtain a permit from the permitting
authority.
B.
Permitting authority. The Parks and Recreation Committee
shall be the permitting authority for all special events, although
the Committee may, at its discretion, defer permitting authority for
any special event to the Town Council.
C.
Application fee. An application fee for a special
event will be required of all applicants to cover administrative costs
incurred by the Town in permitting the special event, said fee to
be set from time to time by the Town Council.
D.
Application form. Organizations and persons requesting
a permit to use any portion of a Town park for a special event must
complete an application form created and provided by the Public Works
Department. Partially complete applications will not be considered.
Said forms shall include the following information:
(1)
The name and contact information of the sponsoring
person or organization and its officers.
(2)
The signature of the president, or if the organization
has no president, the chief executive officer of the organization.
(3)
The tax status of the organization.
(4)
Whether amplified sound will be used.
(5)
Such additional information as the Parks and Recreation
Committee or Public Works Director feels necessary for determination
of compliance with this chapter and efficient operation of the parks.
E.
Application review. The permitting authority shall
review and make a determination on all applications requesting a permit
to use any portion of Town parks for a special event.
(1)
Application deadlines. An application for a permit
shall be accepted by the Public Works Director no earlier than 12
months prior to the proposed special event.
(a)
Minor events. Application for a permit for a
minor event shall be filed with the Public Works Director no later
than 30 days prior to the date of the event.
(b)
Major events. Application for a permit for a
major event shall be filed with the Public Works Director no later
than February 1 of the calendar year in which the special event is
to take place if the event is to occur during the months of June,
July, August or September, and a minimum of 90 days prior to the date
of the event in all other cases.
[Amended 6-11-2008 by Ord. No. 2008-01]
(2)
Eligible applicants. Sponsoring organizations may
include but are not necessarily limited to church organizations, charitable
organizations, educational organizations and governmental groups.
The sponsoring person or organization shall:
(3)
Standards for approval. The following standards shall
be utilized by the permitting authority in reviewing applications
for special events.
(a)
The permitting authority shall issue a permit
if it finds:
[1]
The application form has been properly completed;
[2]
The application fee has been paid;
[3]
The event will not endanger the health and safety
of persons who visit the park;
[4]
Adequate sanitary facilities are available or
will be provided in the park to accommodate the proposed special event;
[5]
The special event or activity will not cause
damage from destruction or overuse of the grounds, equipment, vegetation,
buildings, fences or other amenities of the park;
[6]
The special event will not unreasonably disturb
persons who occupy land which is adjacent to such park; and
[7]
The portion of the park requested has not been
reserved for other use at the time requested in the application.
[8]
For minor events:
[Amended 6-11-2008 by Ord. No. 2008-01]
[a]
No for-profit retail sales will occur, and any
nonprofit retail sales will be engaged in only by Bar Harbor-based
entities.[1]
[1]
Editor's Note: Former Subsection E(3)(a)[8][b], which immediately
followed, which required that a sponsoring person or organization
has not sponsored a minor event involving retail sales in the previous
90 days, was repealed 12-18-2012 by Ord. No. 2012-09.
[9]
For major events:
[Amended 6-11-2008 by Ord. No. 2008-01]
[a]
The event will not bring the total of major
events in that calendar year to more than six.
[Amended 12-18-2012 by Ord. No. 2012-09]
[b]
The event will not exceed 48 hours' duration.
[c]
Major events will not be allowed in July or
August unless the event is an Independence Day celebration or takes
place on the Saturday and/or Sunday immediately prior to Labor Day.
[d]
For-profit sales may occur at major events,
provided that::
[i]
The sponsoring organization shall
be a Bar Harbor-based entity;
[ii]
The sponsoring organization has
not sponsored a major event involving retail sales in the previous
90 days.
[iii]
No events involving for-profit
retail sales will occur in July or August, unless the event is an
Independence Day celebration or takes place on the Saturday and/or
Sunday immediately prior to Labor Day.
(b)
Conditional approval. When approving the permit,
the permitting authority may approve the permit with suitable conditions
for the purpose of assuring compliance with this chapter. Said conditions
may include, but are not limited to:
[1]
Location: designating the park or the specific
area within a park where the special event shall be allowed to take
place, even if this is a location different from that requested by
the applicant.
[Amended 6-11-2008 by Ord. No. 2008-01]
[2]
Restrooms: requiring a minimum number of portable
restrooms based on the expected attendance and duration of the special
event.
F.
G.
Appeal. Any person who is aggrieved by the Parks and
Recreation Committee's issuance of a special event permit or the Parks
and Recreation Committee's failure or refusal to issue a special event
permit may appeal the Committee's decision to the Town Council by
written request filed with the Town Clerk within 30 days of the decision.
The Town Council shall:
(1)
Hear the case in not less than 10 days, nor more than
30 days of receipt of the application;
(2)
Advertise the hearing at least once in a newspaper
of general circulation in the Town;
(3)
Provide the applicant, the public and Committee members
with an opportunity to be heard; and
(4)
Make findings of fact and issue a written decision
within 30 days of the close of the hearing.
H.
Noise. Amplified sound may be allowed by special event
permit in Town parks. However:
(1)
The need for amplification must be identified on the
permit application.
(2)
The sound shall not unreasonably disturb the peace
of homeowners and businesses located adjacent to or in the neighborhood
of the parks.
(3)
The applicant must comply with any Bar Harbor police
officer's request to reduce the noise to a level acceptable to the
police officer, in his or her sole judgment.
[Amended 6-11-2008 by Ord. No. 2008-01]
I.
Weather cancellation. If a special event held during
inclement weather will likely cause injury or damage to Town parks,
the Public Works Director may cancel the event due to inclement weather
or forecasted inclement weather.
J.
Cleanup. The sponsoring person or organization shall
return the park to the condition it was in prior to the special event.
The sponsoring person or organization will be billed by the Town for
any damages incurred beyond normal wear and tear, as determined by
the Public Works Director in his or her sole judgment, and shall pay
the full amount of the invoice within 30 days of the billing date.
Any invoice remaining unpaid after 30 days may be collected in a court
of law. In addition, no future special event may be scheduled by the
sponsoring person or organization until the account is cleared.
[Amended 6-11-2008 by Ord. No. 2008-01]
K.
Compliance. The sponsoring person or organization
shall comply with all conditions of any permit granted.
