[Ord. of 1-2-1973]
For the purposes of this chapter the following words and phrases
shall have the meaning given herein.
Any motor vehicle over 25 years old which is maintained solely
for use in exhibitions, club activities, parades and other functions
of public interest and which is not used primarily for the transportation
of passengers or goods over any way.
Any automobile, truck, or self-propelled vehicle incapable
of moving under its own power and which lacks a valid state safety
inspection sticker or valid state license plate; or does not comply
with the minimum safety requirements of the motor vehicle laws of
the State of Maine.
The scattering or dropping of rubbish or trash or other matter
(organic or mineral).
The elimination or extermination of rodents within buildings
by any or all accepted measures such as poisoning, fumigation, or
trapping so that the buildings are completely freed of rodents and
there is no evidence of rodent infestation.
Shall apply to a form of construction which will prevent
the ingress or egress of rats to or from a given space or building,
or gaining access to water, food or harborage. It consists of the
closing and keeping closed by the use of materials impervious to rodents
every opening in foundations, basements, cellars, exterior and interior
walls, ground or first floors, roofs, sidewalk gratings, sidewalk
openings and other places that may be reached and entered by rodents
by climbing, burrowing or gnawing.
Any type of debris, trash, waste or rejected matter.
Any worn-out, broken up, used refuse, rubbish, toppings,
twigs, and leaves of trees, or worthless matter or material.
Includes noxious little animals or insects such as larvae,
fleas, bedbugs, roaches, flies, lice and mites.
[Ord. of 1-2-1973]
The City Manager, Chief of Police or any other person deputized
as herein provided may enter upon any lot or premises with proper
respect to the occupant's constitutional rights to examine the same
and to ascertain whether any such nuisance exists.
[Ord. of 1-2-1973]
If any person shall hinder, delay or obstruct any officer or
person in the discharge of any duty herein set out, every such person
shall, upon conviction, be fined for each offense not less than $10
nor more than $100
[Ord. of 1-2-1973]
Any nuisance which has been declared to be such by Maine courts,
statutes, or known as such at common law shall constitute a nuisance
in this City, and any person, corporation or association causing or
permitting any such nuisance shall be in violation of this chapter.
[Ord. of 1-2-1973]
Any state of things prohibited by this chapter shall be deemed
a nuisance, and any person who shall hereafter make or cause such
nuisance to exist shall be deemed the author thereof.
[Ord. of 1-2-1973]
No person being the owner, agent or occupant of, or having under
his control, any building, lot or premises, or unimproved real estate
within the City limits of the City shall maintain or allow any nuisance
to be or remain therein.
[Ord. of 1-2-1973]
In case of any nuisance in or upon any street, alley or other
public or private grounds, the author thereof shall be guilty of a
separate offense for every period of 48 hours continuance thereof
after notice has been given to abate the same.
[Ord. of 1-2-1973]
Whenever the pursuit of any trade, business or manufacture,
or the maintenance of any substance or condition of things, shall,
upon investigation, be considered by the City Manager, or his appointed
deputies, to be dangerous to the health of any of the inhabitants
of the City, the same shall be considered a nuisance and shall be
abated.
[Rev. Ords. 1953, Ch. 18, § 118; Ord. of 1-2-1973]
No person shall, in any street, willfully or mischievously make
any unusual noise either by voice or by other means, or sing loud,
improper, lewd, obscene or boisterous songs, or in any manner conduct
himself rudely, noisily or in any way calculated to disturb the quiet
and order of the City.
[Rev. Ords. 1953, Ch. 18, § 111; Ord. of 1-2-1973]
No person shall create a disturbance in a street or public place
or at any lawful assembly.
[Ord. of 1-2-1973]
The use of music, noise makers or loudspeakers on the streets
of the City for the sale or vending of products, advertising or other
commercial purposes or any unauthorized purpose that is disturbing
to the general public is hereby declared to be a nuisance and prohibited
by the terms of this chapter, except that the City Manager, on application,
may permit such use during weekdays and during daylight hours for
noncommercial purposes.
[Ord. of 1-2-1973]
It shall be unlawful for any person in this City to maintain,
continue or use any building or place in such manner as to permit
or cause the escape or emission of unnecessary noise, noxious exhalations,
offensive odors, acids, fumes and gases, or to maintain thereon filth,
refuse or other deleterious substances, as to be detrimental to any
person or to the public, or as to endanger the health, comfort, and
safety of any such person or of the public, or in such manner as to
cause or have a tendency to cause injury or damage to property or
business. The emission or escape of such matter, or the maintenance
of such conditions as aforesaid, is declared to be a public nuisance.
Any owner or landlord, or any agent of the same, having general charge
of such premises shall cause the same to conform to this subsection
within three days after receiving notice to that effect from the health
officer or from the police department of the City.
[Rev. Ords. 1953, Ch. 18, § 109; Ord. of 1-2-1973]
No person shall maliciously destroy or damage any public property
or any private property in any street or public place which is not
his own.
[Rev. Ords. 1953, Ch. 18, § 110; Ord. of 1-2-1973]
No person shall make any indecent figure or write any indecent
or obscene words upon any fence, sidewalk, building or other public
place in the City; nor deface any public building or any building
not his own by cutting, breaking, daubing with paint, or in any manner
defacing or injuring the same.
[Rev. Ords. 1953, Ch. 18, § 102; Ord. of 1-2-1973]
No person shall abandon any vehicle or other property on any
street, or sidewalk or upon the property of another person without
consent of such person.
[Ord. of 1-2-1973]
Any inoperable vehicle shall be removed from any lot or piece
of ground within the limits of the City within 30 days after the expiration
of the state safety inspection sticker, unless storage of said vehicle
is part of a permitted business use or said vehicle is an antique
vehicle.
[Ord. of 1-2-1973]
It shall be unlawful for any person, firm, association or corporation
to use any land, premises or property within the City for the dumping
or disposal of any garbage, trash, litter, rubbish, offal, filth,
excrement, discarded building materials or combustible materials of
any kind without first having made application for and receiving a
permit to do so. The application therefor shall be filed with the
City Manager or City Clerk and shall state the location of the land,
premises or property, the name of the owner of said land, premises
or property, the manner in which the dumping or disposal is to be
accomplished, and the means and methods by which the applicant proposes
to secure the same against the danger of disease, fire and other menaces
to the public health and to provide for the suppression of rodents,
mosquitoes and other insects. Upon receipt of said application, the
City Manager or City Clerk shall make, or cause to be made by duly
authorized representatives, an investigation of the proposed location
and method of dumping or disposal, and the method proposed by the
applicant to secure same against the danger of disease, fire, and
other menaces to the public health and to provide for the suppression
of rodents, mosquitoes and other insects. Upon such investigation
and a finding that the proposed dumping will not cause any danger
to the public health, the City Manager or City Clerk shall issue such
permit upon the payment of a fee in the sum of $25.
[Rev. Ords. 1953, Ch. 23, § 101.1; Ords. of 8-16-1965; Ord. of 1-2-1973]
No person shall deposit within the limits of the municipal dump
in Old Town any automobile or automobile body or frame.
[Ord. of 1-2-1973]
(a)
The owner or person in control of any private property shall, at
all times, maintain the premises free of litter.
(b)
No person shall throw or deposit litter on any private property in
the City, whether owned by such person or not; provided, however,
that the owner or person in control of private property may maintain
authorized private receptacles for the deposit of rubbish or other
waste materials, in such a manner that waste materials will be prevented
from being carried or deposited onto any public or private property.
[Ord. of 1-2-1973]
Whenever there shall be in or upon any lot or piece of ground
within the limits of the City of Old Town any damaged merchandise,
litter, trash, rubbish, garbage, wrecked car, or inoperable cars,
or other wrecked vehicles, or parts thereof, or an accumulation of
junk vehicles or junk of any type upon any private or public property,
except in areas specifically zoned by the zoning ordinance for said
purposes, or otherwise designated by the City for such purposes, or
stored within an enclosed building or structure, so it is not visible
from adjacent properties or public way, the existence of any such
material or items shall constitute a nuisance and be in violation
of this article.
[Ord. of 1-2-1973; Ord. of 12-4-1995(1)]
(a)
No person shall throw or deposit, or cause or permit to be thrown
or deposited, any offal composed of animal or vegetable substances,
or both, any dead animal, excrement, garbage or other offensive matter
whatever, upon any street, avenue, alley, sidewalk, or public or private
grounds. No person shall, in this City, throw or deposit or cause
or permit to be thrown or deposited, anything specified in any foregoing
part of this section or any other substance that would tend to have
a polluting effect into the water of any stream, ditch, pond, well,
cistern, trough, or other body of water, whether artificially or naturally
created, or so near any such place as to be liable to pollute the
water.
(b)
It shall be a violation of this chapter for any person who owns a
dog to fail to immediately remove and dispose of any feces left by
his or her dog on any street, sidewalk, publicly owned property or
private property of another.
[Ord. of 1-2-1973]
(a)
It shall be unlawful for any person to throw, or cause to be thrown,
or permit anyone in his or her employ to throw, onto any public highway,
thoroughfare, street, sidewalk or other public place any kind of wire,
scrap paper, or any ashes, cans or glass of any character, old clothes,
cloth of any kind, boots, shoes, hats, leather, hair, straw or hay,
or animal, vegetable, or any other substance whatever, or any type
of advertising matter, or to distribute or cause to be distributed,
or permit anyone in his or her employ to distribute, any type of advertising
matter in a manner as to cause the littering of any public highway,
thoroughfare, street, sidewalk or any public place.
(b)
It shall further be unlawful for any person to sweep, or cause to
be swept, or cause anyone in his or her employ to sweep, from any
store, office, warehouse, factory, hotel or any other building, occupied
in whole or in part for commercial purposes, any refuse or dirt from
such building onto any public highway, thoroughfare, street, sidewalk
or other public place in the City.
[Ord. of 1-2-1973]
It shall be unlawful for any person operating a vehicle or being
a passenger in any vehicle to throw or cause to be thrown from such
vehicle onto any public highway, thoroughfare, street, sidewalk or
other public place in the City any rubbish or trash, fruit or fruit
particles, wrappers, containers, paper, paper products, bottles, glass,
cans, hulls, handbills, confetti, shavings, shells, stalks, animals,
cloth, leather, fiberglass, or any other material of any kind which
would render such public highway, thoroughfare, street, sidewalk or
other public place unsightly, unsafe, unclean or unsanitary.
[Ord. of 1-2-1973]
No person shall, in this City, deposit in or throw into any
sewer (sanitary or storm), sewer inlet or privy vault that has a sewer
connection any article whatever that might cause such sewer, sewer
inlet, or privy vault to become nauseous or offensive to others or
injurious to public health.
[Ord. of 1-2-1973]
It shall be unlawful for any person, firm, association or corporation
to drive, move or propel a vehicle, or to allow a vehicle owned by
such person, firm, association or corporation to be driven, moved
or propelled, in such a manner as to cause to be spilled, dropped
or jostled onto any street, highway, thoroughfare, sidewalk or other
public place in the City, any trash or rubbish, or to load or allow
a vehicle to be so loaded so that the contents, or any portion of
the contents of such vehicle shall be spilled, dropped or jostled
from such vehicle. Vehicles, including trucks loaded with or transporting
any construction material, dirt, earth, clay, stone, macadam, brick,
cement, sand, fuel, coal, wood or wood products, leather, plastic,
fiberglass, paper, refuse or garbage shall be loaded and the vehicle
shall be in such condition so that none of the contents shall be lost
or spilled along the route which the vehicle is traveling
[Rev. Ords. 1953, Ch. 18, § 120.1; Ord. of 1-2-1973]
Every cart or vehicle used to transport manure, garbage, swill
or offal in any street in this City shall be fitted with a substantial
tight box thereon so that no portion of such filth will be scattered
or thrown into such street.
[Rev. Ords. 1953, Ch. 18, § 108; Ord. of 1-4-1965; Ord. of 1-2-1973; Ord. of 11-1-1976]
(a)
No child under 18 years of age shall be or remain upon any street,
public place, restaurant, or place of amusement in the City in the
nighttime after 10:30 p.m., and prior to 6:00 a.m., unless accompanied
by a parent, guardian or other person having legal custody of such
minor.
(b)
This section shall not apply to children under 18 years of age who
are attending or going directly to or from an adult-supervised activity.
[Rev. Ords. 1953, Ch. 18, § 108.2; Ord. of 1-2-1973]
Unless a reasonable necessity exists therefor, no parent, guardian
or other person having the legal custody of any minor under 17 years
of age shall allow or permit such minor to be or remain upon the public
streets, highways, or other public places, or places of amusement
in the City after 10:30 p.m.
[Rev. Ords. 1953, Ch. 18, § 108.3; Ord. of 1-2-1973]
No keeper, proprietor or any person in charge of any restaurant,
place of amusement or other public place shall knowingly allow or
permit such minor to be or remain in or upon the premises under his
charge after the hour of 10:30 p.m.
[Rev. Ords. 1953, Ch. 18, § 103; Ord. of 1-2-1973]
No person shall hold or address any public meeting or assemblage
of people in any street or on any sidewalk without a permit to do
so granted by the City Clerk and approved by the City Manager.
[Rev. Ords. 1953, Ch. 18, § 113; Ord. of 1-2-1973]
No person shall, within the limits of any street in the City,
play at any game of ball, amusement or exercise interfering with the
convenient and free use of such street by persons or vehicles traveling
thereon, except such street as may be designated as a "play street"
by the City Manager, and then only for the period definitely so designated.
[Ord. of 6-3-2002]
(a)
Title. This section shall be known and may be cited as the "City
of Old Town Ordinance Regulating the Operation of Human Propelled
Conveyances and Bicycles."
(b)
CITY
DOWNTOWN
HUMAN PROPELLED CONVEYANCE
OPERATE
VEHICLE
Definitions:
The City of Old Town Police and Fire Departments.
That portion of the City of Old Town that is surrounded by
Brunswick Street to the West, the Penobscot River to the East, the
intersection of the Indian Island bridge and Brunswick Street to the
North, and Congress/Prentiss Streets to the South.
Every device used for the propulsion of people by human power,
not subject to registration under state motor vehicle laws, which
contains one or more wheels, tracks or other mechanical or operational
devices, whether in a single unit or not, including, but not limited
to, scooters, skateboards, air-cushioned skateboards, roller skates,
roller blades, or cross-country training skis. This term does not
include any device operated by a person, or a person directly assisting
a person, who is unable to walk or otherwise ambulate without the
assistance of a human-powered conveyance.
To ride upon, drive, propel or otherwise convey oneself or
others by the use of a human-propelled conveyance.
Any human-propelled conveyance.
(c)
Restricted area. No person shall operate a human-propelled conveyance
on any street, sidewalk or other public way, as defined in 17-A M.R.S.A.
§ 505, in any portion of downtown. In addition, no person
shall operate a human-propelled conveyance on any property owned by
the City of Old Town which is located in the downtown, including,
but no limited to, Binette Park (Assessors' Map 25, Lot 250), and
Spencer Park (Assessors' Map 25, Lot 249. This provision shall not
prohibit bicycles for operation in the downtown area in accordance
with state law.
(d)
Bicycle operation. No person shall operate a bicycle on any sidewalk
in any portion of the City; provided, however that children 12 years
old and younger operating bicycles with tandem wheels may operate
their bicycles on sidewalks outside the downtown area.
(e)
Violations and penalties. Violation of this section may be punishable
by a civil penalty of not less than $50 and not to exceed $200, or
by impoundment of the vehicle which was operated in the commission
of such violation for a period not to exceed 30 days for the first
offense and 60 days for subsequent offenses, or both.
[Rev. Ords. 1953, Ch. 21, §§ 101.1, 101.2; Ord. of 8-16-1965; Ord. of 1-2-1973; Ord. of 12-13-1982; Ord. of 6-20-1983]
(a)
No person shall discharge a firearm or any instrument capable of
discharging a pellet by air propulsion within 200 feet of any building
upon or across any street, public grounds or municipal dump, upon
or across the islands bounded by the Penobscot and Stillwater Rivers,
known as Marsh Island and Treat and Webster Island, upon or across
that part of Old Town known as Stillwater bounded by the Stillwater
River on the east, Pushaw Stream on the north, Interstate Highway
95 on the west to the southerly boundary of the City on the south.
(b)
Possession of a firearm in the fields and forests or on the waters
or ice in the aforementioned area of the City without a written permit
issued by the Chief of Police shall be prima facie evidence of violation
of this section unless the firearm is carried securely wrapped in
a complete cover, fastened in a case, or carried in at least two separate
pieces in such a manner that it cannot be fired unless the separate
pieces are joined together again.
(c)
It shall be unlawful for any person to carry or have in his possession
upon the streets of the City or in a public building or property of
another a loaded firearm.
(d)
The provisions of this section shall not prohibit the use of firearms
at established shooting ranges, nor shall it apply to any law enforcement
officer in the performance of his legal duty, nor to any person in
the lawful defense of person or property.
[Added 8-18-2011]
The following regulations shall apply to archery hunting within
the limits of Marsh Island in the City of Old Town:
(a)
No person shall engage in hunting for deer, bear moose, birds or
other game or nongame species by means of a bow and arrows, except
in those areas and during those seasons approved and designated by
the Maine Department of Inland Fisheries and Wildlife.
(b)
No person shall engage in hunting by means of a bow and arrows on
land of another person without first obtaining prior written permission
from the landowner, tenant or authorized agent of the landowner or
tenant. Permission may be granted verbally whenever the landowner,
tenant, or authorized agent of the landowner or tenant accompanies
the hunter during the hunt.
(c)
When hunting by means of a bow and arrows on land of another person
with written permission, the person hunting must have the written
permission or a photocopy thereof in his or her personal possession
at all times.
(d)
No person shall hunt by means of a bow and arrows on their own land,
or give permission to others to do so, without first giving written
notice to the owner, tenant, or authorized agent of the owner or tenant,
of all properties abutting the land to be hunted on, at least three
days (72 hours) prior to the hunt. If the written notice is given
by mail, the notice must be mailed at least five business days prior
to the date of the hunt.
[Rev. Ords. 1953, Ch. 18, § 106; Ord. of 1-2-1973]
No person shall, in any street or sidewalk in the City, expose
any goods for sale, unless such exposure is especially allowed by
law or ordinance, without first securing the approval of the City
Manager and obtaining a written permit from the City Clerk to do so.
[Rev. Ords. 1953, Ch. 18, § 119; Ord. of 1-2-1973]
No person shall hang, or cause to be hung, any goods, signs
or other things over any sidewalk or street unless permitted by law
or unless a permit has been issued therefor, provided that this section
shall not apply to noncommercial flags.
[Rev. Ords. 1953, Ch. 18, § 107; Ord. of 1-2-1973]
No person shall engage in any indecent, insulting, immoral or
obscene conduct in any street or public place.
[Rev. Ords. 1953, Ch. 18, § 105; Ord. of 1-2-1973]
No person shall beg in any street or public place in the City.
[Rev. Ords. 1953, Ch. 18, § 116; Ord. of 1-2-1973; Ord. of 2-6-1978]
(a)
Prohibited. It shall be unlawful for any person to loiter, loaf,
wander, stand or remain idle either alone, and/or in consort with
others in a public place in such manner as to:
[Amended 4-18-2023]
(1)
Obstruct any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of property
or with any business lawfully conducted by anyone in or upon or facing
or fronting on any such public street, public highway, public sidewalk
or any other public place or building, all of which prevents the free
and uninterrupted ingress, egress, and regress, therein, thereon and
thereto.
(2)
No person shall obstruct a street, sidewalk, or other public
right-of-way: by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, in a manner that impedes
passage, as provided by the Americans with Disabilities Act of 1990,
Pub. L. No. 101-336, 104 Stat. 328 (1990), as amended from time to
time.[1]
[1]
Editor's Note: See 42 U.S.C.A. § 12101 et seq.
(3)
By sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within 10 feet of any operational or
utilizable driveway or loading dock.
(4)
By sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within five feet of any operational
or utilizable building entrance or exit.
(5)
By sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within two feet of any fire hydrant,
fire plug, or other Fire Department connection.
(6)
By sitting, lying, or sleeping, or by storing, using, maintaining,
or placing personal property, within the public right-of-way in a
manner that obstructs or unreasonably interferes with the use of the
right-of-way for any activity for which the City has issued a permit.
(7)
No person shall obstruct any portion of any street or other
public right-of-way open to use by motor vehicles, or any portion
of a bike lane, bike path, or other public right-of-way open to use
by bicycles, by sitting, lying, or sleeping, or by storing, using,
maintaining, or placing personal property, anywhere within the street,
bike lane, bike path, or other public right-of-way, as specified.
(b)
LOITERING
PUBLIC PLACE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Remaining idle in essentially one location and shall include
the concept of spending time idly; to be dilatory; to linger; to stay;
to saunter; to delay; to stand around and shall also include the colloquial
expression "hanging around."
Any place to which the general public has access and a right
to resort for business, entertainment, or other lawful purpose, but
does not necessarily mean a place devoted solely to the uses of the
public. It shall also include the front or immediate area of any store,
shop, restaurant, tavern or other place of business and also public
grounds, areas or parks.
(c)
Police order to disperse. When any person causes or commits any of the conditions enumerated in subsection (a) herein, a police officer or any law enforcement officer shall order that person to stop causing or committing such conditions and to move on or disperse. Any person who fails to obey such orders shall be guilty of a violation of this section.
(d)
Penalty. Any person who violates any of the provisions of this section
shall be subject to a fine not exceeding $100.
[Ord. of 1-2-1973]
When any animal shall die in this City, unless such animal is
killed and suitable for consumption, it shall be the duty of the owner
or keeper thereof to bury the body of such animal forthwith to a depth
of not less than three feet. If such body shall not forthwith be buried,
the same shall be deemed a nuisance, and such owner or keeper will
be the author of the nuisance. When the body of any such dead animal
shall be in any street, highway or public grounds in this City, it
shall be the duty of the City Manager to cause such body to be buried
forthwith to a depth of not less than three feet or else disposed
of in a recognized sanitary manner.
[Ord. of 1-2-1973]
It shall be unlawful for the owner or occupant of any premises
within the City to maintain such premises in a vermin or rodent infested
condition after he has notice of that condition from the health officer.
Such notices may require the use of necessary measures for rodent
eradication deemed essential by the health officer. Notices may be
served by the health officer, police department, or by certified or
registered mail addressed to the person to be notified.
[Ord. of 1-2-1973]
If the health officer shall find any building, structure or
premises so heavily infested with vermin or rodents as to result in
an actual potential hazard to health of the occupants or to the public
health, he shall have the authority to declare the premises unfit
for any occupancy or use until the vermin or rodents are being eradicated.
[Ord. of 1-2-1973]
It shall be unlawful for the occupant, owner, contractor, public
utility employee, plumber or any other person to remove, damage or
destroy any part of a building or its appurtenances intended to protect
such premises against ingress of rodents, or in any other way create
a condition by which ingress for rodents is made possible, provided
that this section shall not apply where the interference with the
rodent proofing is made necessary in connection with lawful construction
or repair and the rodent proofing is promptly restored.
[Ord. of 1-2-1973]
All broken windows in each vacant dwelling shall be replaced
by owner or agent within 72 hours after notice is given by the City
Manager or his appointed deputies.
[Ord. of 1-2-1973]
Only dry easily combustible materials may be burned in non-gas-fired
incinerators approved by the City fire department. Any material having
burned in an incinerator which smolders shall be deemed a nuisance.
When the flame cannot be easily rekindled, such smoldering shall be
a nuisance when this condition prevails in excess of 30 minutes.
[Ord. of 1-2-1973]
Whenever in the opinion of the health officer any privy, vault,
cesspool or septic tank shall become offensive to the safety, health,
comfort or convenience of the public, he shall give notice requiring
the owner or occupant of the premises to clean, remove or alter the
same in a manner satisfactory to the health officer within five days
from the day of notice. Should the owner or occupant fail to comply
with said notice, the health officer shall cause the work to be done,
and all expenses thereof shall be repaid to the City by such owner
or occupant. No person shall remove the contents of any privy, vault,
cesspool, or septic tank except in a manner approved by the health
officer.
[Ord. of 1-2-1973]
(a)
Any well or cistern on any property within the limits of the City
whenever a chemical analysis or other proper test or the location
of the same shows that the water of the said well or cistern is probably
contaminated, impure or unwholesome shall be deemed a nuisance.
(b)
Any abandoned or unused well or cistern shall be filled with dirt
and covered.
(c)
All existing wells and cisterns shall be adequately covered as directed
by the City Manager or his appointed deputies.
[Ord. of 1-2-1973]
No person shall keep, collect or use, or cause to be kept collected
or used, in this City any stale, putrid or stinking fat or grease
or other matter.
[Ord. of 1-2-1973]
No person shall keep any unused refrigerator, washer, dryer,
freezer or other appliance within any accessible yard, lot, carport
or residential garage within the City limits of Old Town without first
removing the doors from same.
[Ord. of 12-4-1995(2)]
(a)
PECUNIARY BENEFIT
SEXUAL CONTACT
Definitions. For the purposes of this section, the following definitions
apply.
Any direct or indirect payment of money or any other object
of value.
Any touching of the genitals or anus, directly or through
clothing or other covering, for the purpose of arousing or gratifying
sexual desire.
(b)
Sexual contact for pecuniary benefit prohibited.
(1)
Engaging in, or agreeing to engage in, or offering to engage
in sexual contact in return for a pecuniary benefit to be received
by the person engaging in the sexual contact or by a third person
is prohibited.
(2)
Providing or agreeing to provide a person for purposes of engaging
in sexual contact in return for a pecuniary benefit to be received
by the person engaging in sexual contact or by a third person is prohibited.
(3)
Causing or aiding another person to engage in sexual contact
in return for a pecuniary benefit to be received by the person engaging
in the sexual contact or by a third person is prohibited.
(4)
Leasing or otherwise permitting a place controlled by the defendant
in any action or in association with another to be used as a site
for sexual contact for pecuniary benefit to any person is prohibited.
(c)
Penalties. The violation of any provision of this section shall be
punished by a fine of not less than $500 nor more than $1,000 for
each offense. Each act of violation and every day upon which any such
violation shall occur shall constitute a separate offense. In addition
to such penalty, the City may enjoin or abate any violation of this
section by appropriate action including, but not limited to, revocation
of any City license for a premises or business in which sexual contact
for pecuniary benefit is transacted.
[Ord. of 2-1-1999]
(a)
Findings. The Old Town City Council finds and determines that the
control of large parties, gatherings, or events on private property
is necessary when such continued activity is determined to be a threat
to the peace, health, safety, or general welfare of the public. Police
officers are often required to make severed return trips to a location
of a party, gathering, or event in response to complaints in order
to disperse uncooperative participants, and the return of police officers
to a location constitutes a drain of personnel and resources, often
leaving other areas of the City without minimal levels of police protection;
all of which creates a significant hazard to the safety of the police
officers and to the public in general.
(b)
LARGE EVENT
PERSONS RESPONSIBLE FOR THE LARGE EVENT
POLICE SERVICES FEE
PROPERTY OWNER
SPECIAL SECURITY ASSIGNMENT
Definitions. The following words, terms, and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Large parties or gatherings of two or more persons who have
assembled or are assembling for a special occasion or for a social
activity.
The person who occupies property on which the event takes
place as either owner or lessee/renter. In addition, the person who
organized the event shall also be considered a person responsible
for the large event. If the person responsible for the large event
is a minor, the parents or guardians of that minor shall be a person
responsible for the large event. Each responsible person shall be
jointly and severally liable for payment of the police services fee.
As established by this article, shall include the salaries
of the responding officers, at their hourly rate, for the amount of
time actually spent in responding to or remaining at the large event;
appropriate overhead; the actual cost of any medical treatment to
injured officers; and the cost of repairing any damage [to] town equipment
or property, all of which are incurred subsequent to the issuance
of a written warning to the person responsible for the large event
to control the event so as to prevent or remove any threat to the
public peace, health, safety, or general welfare.
The owner of record of the person holding title to the property
where the large event takes place, as evidenced by records in the
Penobscot County Registry of Deeds.
The assignment of police officers and services for a subsequent
call to a large event location after the issuance of a written warning
to the person responsible for the event that the event constitutes
a threat to the peace, health, safety, or general welfare of the public,
or is in violation of a law or ordinance.
(c)
Powers and duties of officials. The police department shall be responsible
for the administration and enforcement of this section, including,
but not limited to, the following duties and responsibilities:
(1)
Response to and investigation of complaints that large events
are posing a threat to the public peace, health, safety, and general
welfare, or are otherwise in violation of any law or ordinance.
(2)
Issuance of written warnings to the person responsible for the
large event.
(3)
Placement of a special security assignment at large events when
necessary or appropriate to prevent or remove any threat to the public
peace, health, safety, and general welfare, or to otherwise enforce
any law or ordinance.
(4)
Keep records of any actions taken under this section.
(d)
Police services at large events requiring more than one response:
(1)
A police officer shall issue a written warning to the person
responsible for the event the first time he investigates a large event
and determines that it poses a threat to the public peace, health,
safety, and general welfare, or that a violation of any law or ordinance
is being committed at such event.
(2)
If a written warning is issued pursuant to paragraph (1) above
and the condition or situation giving rise to the issuance of the
written warning is not immediately terminated or abated, or if a police
officer responds to a large event at the same premises a second time
within a thirty-day period, it shall be deemed a special security
assignment, and the person responsible shall be liable for the police
services fee.
(3)
Nothing in this section shall preclude the officer from enforcing
state statutes or other ordinances, including the arrest of violators,
at any response to a large event.
(e)
Police services fee:
(1)
The police services fee shall be the currently required hourly
fee, plus the actual cost of any medical treatment to injured officers
and the cost of repairing any damaged City-owned equipment or property.
The maximum charge per incident within a thirty-day period shall be
$500, plus the cost of any medical treatment or equipment/property
repair.
(2)
The City reserves the night to seek reimbursement for actual
costs in excess of the maximum police services charge established
by the City Council through any other available legal remedies or
procedures.
(3)
The amount of police services fee shall be deemed a debt to
the City, of the person responsible for the large event, and if such
a person is a minor, that person's parents or guardians. Any persons
owing such a fee shall pay the fee within 30 days of the invoice therefor.
If the person fails to pay such fees within 30 days, the City may
initiate legal proceedings to collect such fee, and the responsible
person shall be liable for the payment of the costs of collection,
including reasonable attorney's fees.
(f)
Billing. The Chief of Police shall notify the City Treasurer in writing,
upon the rendering of police services under this section, of the name
and address of the responsible person, property owner, the date and
time of the incident, and the services performed, the costs thereof,
and such other information as may be required. The City Treasurer
shall thereafter cause appropriate billings to be made.
(g)
Effect of criminal prosecution. Nothing in the adoption or administration
of this section shall be construed as affecting the ability to initiate
or continue concurrent or subsequent criminal prosecution for any
violation of the provisions of this section, or any state law arising
out the same circumstances necessitating the application of this section.
