[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:
- COMBUSTIBLE RUBBISH
- 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.
- HOUSEHOLD PET
- 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.
- NONCOMBUSTIBLE RUBBISH
- 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.
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.
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.
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.
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.
Method of conveyance and penalty.
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.
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.
Rodent breeding places. No collection of rubbish shall be maintained in such a state that it is a breeding place for rats and mice.
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.
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.
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.
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.
Finding of fact; purpose.
It is found and declared that:
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;
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;
Said motor vehicles or parts thereof constitute an attraction to children and pose a threat to their physical well-being;
Said motor vehicles or parts thereof are unsightly and detract from the natural scenery of Bar Harbor; and
The maintenance of said motor vehicles or parts thereof depreciates the value of surrounding property.
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.
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.
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.
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.
"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.
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.
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.
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.
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.
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.
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.
The penalty for violation of this section shall be not less than $100 nor more than $2,500 for each offense.