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Posted on: April 21, 2021

Public Hearing 5/18/2021 Amusements Ordinance Amendment

The Bar Harbor Town Council will hold a public hearing Tuesday, May 18, 2021 at 5:00 pm by video conference to consider the following amendment to the Town Code. Comments may be emailed in advance to the Council Chair at jdobbs@barharbormaine.gov to be read during the hearing or through the Zoom webinar using the raise hand function. For more information, call 207-288-4098.

Amusements Ordinance Amendment
Town of Bar Harbor
 #2021-xx

An amendment to allow amplified outdoor music.

The Town of Bar Harbor hereby ordains that Chapter 14, Amusements of the Town Code is amended as follows:

[Please Note: Old language is stricken.  New language is underlined.]
 

CHAPTER 14 – AMUSEMENTS

Article I: Special Amusement Permits

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§ 14-2 Definitions. 

The following definitions apply to this article and do not affect the meanings of words or terms in any other article of this Code. As used in this article, the following terms shall have the meanings indicated:

AMPLIFIED ACOUSTIC INSTRUMENT

Any Musical instrument designed to be played without mechanical amplification but that can also be connected to an amplifier, these may include but are not limited to: Acoustic Guitars, Violins/fiddles, Upright/Acoustic Bass, Mandolin, Banjo etc. Instruments designed to be played only with mechanical amplification are excluded.

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§ 14-4 Classes of permit; reapplication. 

A.    Special amusement permits granted by the Town Council shall be limited to the following classes:

(1)    Without mechanical amplification:

(a)    Class 1: single musician. 

(b)    Class 2: two musicians. 

(c)    Class 3: three or more musicians. 

(2)    With mechanical amplification:

(a)    Class 1a: single musician. 

(b)    Class 2a: two musicians. 

(c)    Class 3a: three or more musicians. 

(3)    With mechanical amplification and dancing:

(a)    Class 1ad: single musician. 

(b)    Class 2ad: two musicians. 

(c)    Class 3ad: three or more musicians. 

(4)    With outdoor mechanical amplification:

(a)    Class 1ao: single musician. 

(b)   Class 2ao: two musicians. 

(c)    Class 3ao: three or more musicians. 

(45) Other entertainment or amusement:

(a)    Class 4: any other type of entertainment, as provided by 28-A M.R.S.A. § 1054(1)(C). 

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§ 14-6 Regulation of noise. 

An applicant for a special amusement permit hereunder shall, as part of his/her application, demonstrate his/her ability to prevent the emanation of excessive noise from the premises sought to be licensed brought about by music, dancing or entertainment, except for a radio or other mechanical device excluded under 28-A M.R.S.A. § 1054 or amendments thereto. The performance of amplified music out of doors by licensees is categorically declared to be in violation of this article. Amplified outdoor music shall be limited to amplified acoustic instruments as defined in this chapter and one vocal microphone per performer, all outdoor amplification must adhere to this Chapter.

The performance of nonamplified music out of doors by licensees is prohibited between the hours of 10:00 p.m. and 9:00 a.m. The performance of amplified music out of doors by licensees is prohibited between the hours of 9:00 p.m. and 11:00 a.m.

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[End of Ordinance]

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