Town of Bar Harbor, ME
Hancock County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 3-4-2003 by Ord. No. 2003-1. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, Committees and Commissions — See Ch. 31, Art. V.
Food and merchandise sales — See Ch. 94.
Public places — See Ch. 147.
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:
ATHLETIC EVENT
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]
FOR-PROFIT RETAIL SALES
Any retail sale from which 100% of the profit goes to the vendor.
MAJOR EVENT
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]
MINOR EVENT
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]
NONPROFIT
A corporation designated as a not-for-profit corporation by the United States Internal Revenue Service.
NONPROFIT RETAIL SALES
Any retail sale from which 100% of the profits goes to a nonprofit organization.
PARK
Any Town-owned or "leased land or facility" listed in § 144-4.
[Amended 6-11-2008 by Ord. No. 2008-01]
SPECIAL EVENT
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.
VEHICLE
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.
A. 
No person shall climb, damage, remove, or pick the flowers or seeds of a tree or other plant.
B. 
No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
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:
(a) 
Be clearly and correctly identified on the application form,
(b) 
Be a person or nonprofit entity whose proposed event will not be for financial profit, except that for-profit sales may be permitted at certain major events as provided below.
(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. 
Denial.
(1) 
The permitting authority shall deny any special event permit application if the permitting authority determines that:
(a) 
The special event will not be held in compliance with this chapter.
(b) 
The applicant has violated this chapter within 12 months prior to the date of the application.
(2) 
Any denial must be in writing and clearly explain the reasons for which the application was denied.
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.