BATH

The City Council voted Wednesday to create a statute banning idling downtown and in the Route 1 business district.

There are a number of exemptions and police have been given wide latitude in enforcement. The law will go into effect in 21 days.

The council added a fine of not more than $50 for a second infraction; the first would be a written or oral warning.

Several councilors, as well as members of the public said Wednesday they felt it was a “nuisance” ordinance and “a law in search of a problem.”

Police Chief Michael Field said the Bar Harbor ordinance, on which the Bath ordinance is modeled, generated six citations since the ordinance was enacted in 1997.

However, Councilor Meadow Merrill said she believed the ordinance is important because of health problems associated with breathing exhaust fumes.

Wendy Everham of Bath, one of two citizens who asked the council to consider the “idle-free zone,” said she was concerned about the health effects but considered it a “win-win: clean air and saving money.”

Before passage, the statute was amended to allow all vehicles — not just school buses, as the original statute read — to idle to warm up in cold weather.

The ordinance passed 6-3.

Councilors also voted on a second reading on the definition of soup kitchens Wednesday.

Currently, the Bath Soup Kitchen is closed while board members seek a director. But the group is also looking for new space where a clothing bank and food pantry can run as part of a larger service center.

The provision for hours of operation was eliminated by a motion by Councilor David Sinclair. The ordinance passed unanimously.

An ordinance regulating adult businesses received its second reading Wednesday, as well.

The city wrote detailed regulations for adult businesses in order to provide a framework for future applications. It received its first passage Wednesday after being tabled at the last regular meeting in August.

Because adult businesses are considered a form of free speech, the city cannot deny the applications, but it wrote the regulations in such a way that the businesses, if any apply, would be chiefly limited to the Route 1 corridor.

“There is no expectation that space would be available for such a business, just that there is a district in which the businesses can be established if they find a willing landlord to rent to them,” City Solicitor Roger Therriault said.

After several amendments, the ordinance passed 7-1. It will receive a second passage in October and then go into law 21 days afterward.

Among the restrictions that any applicant would have to adhere to is one restricting its location to a certain ditstance from any house of worship (500 feet), school (500 feet), day care center (500 feet), park or recreational facility (500 feet), residential property (250 feet), or other adult business (500 feet).

ghamilton@timesrecord.com

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