[HISTORY: Adopted by the Town of Wells 3-13-1982. Amendments noted where applicable.]
The purpose of this chapter is to ensure public rest room facilities for the public health, safety and welfare of customers of business facilities.
As used in this chapter, the following terms shall have the meanings indicated:
- A commercial activity involving sales or services to the public for profit or other gain and employing one or more persons, including the owner thereof.
- GROUND FLOOR BUILDING AREA
- The square foot area of a building or buildings encompassed by the exterior perimeter walls thereof, exclusive of porches, breezeways, terraces, exterior stairways and warehouse facilities.
- REST ROOM FACILITIES
- An area of a building affording privacy and permanent operable water closet and lavatory facilities, with access thereto for use by the public being customers of the subject business.
- SHOPPING CENTER
- A group of three or more business facilities having a total ground floor building area of 4,000 square feet in one or more buildings.
All businesses and business uses encompassing a ground floor building area of 4,000 or more square feet, all shopping centers as hereinbefore defined, all full- and self-service auto service stations, all amusement facilities and all eating and food preparation establishments where food is consumed on the premises or on adjacent premises shall provide public rest room facilities for customers thereof during hours of normal business operation and are classified as businesses regulated hereby.
The minimum number of rest room facilities to be provided shall be determined by the following schedule:
All full- and self-service auto service stations, all amusement facilities and all eating and food preparation establishments where food is consumed on the premises or on adjacent premises, encompassing less than 4,000 square feet of ground floor building area, shall provide not less than one rest room facility.
All businesses regulated hereby and having a ground floor building area of between 4,000 square feet and 14,000 square feet shall provide not less than one rest room facility.
All businesses regulated hereby and having a ground floor building area of in excess of 14,000 square feet but less than 30,000 square feet shall provide not less than one male rest room facility and one female rest room facility.
All businesses regulated hereby and having a ground floor building area of 30,000 square feet or more shall provide not less than two male rest room facilities and two female rest room facilities.
The provisions hereof shall apply to all businesses and business uses, all shopping centers, all full- and self-service auto service stations, all amusement facilities and all eating and food preparation establishments which are established subsequent to the date hereof. All existing businesses, business uses, shopping centers, full- and self-service auto service stations, amusement facilities and eating and food preparation establishments shall comply with all of the provisions hereof on or before June 15, 1983.
Any person, firm, corporation or other business entity operating, owning or controlling by lease or otherwise any premises used for business(es) who violates the provisions of this chapter shall be subject to the following penalty (penalties):
The Code Enforcement Officer shall deny a certificate of occupancy for any new business.
The Town Health Officer shall issue an order of closure for any existing or operating business.
Any violator of this chapter commits a civil violation and, upon conviction therefor, shall be subject to a civil penalty of not less than $20 nor more than $100. Each day that a violation exists shall constitute a separate offense. All civil penalties accruing and collected hereunder shall inure to the Town of Wells.
Any violation of the provisions hereof is hereby declared a nuisance, for which the Town of Wells may seek appropriate remedies by injunctive relief or otherwise.
The Town of Wells shall be entitled to recover, from any person, firm, corporation or other business entity found to be in violation of this chapter, all costs of enforcement hereof, including reasonable attorneys' fees incurred.
This chapter is adopted pursuant to the authority given the Town of Wells under the Constitution of the State of Maine and the statutes of the State of Maine for the protection of the public health, safety and welfare.
This chapter shall be known as the "Wells Public Rest Rooms Ordinance."
In the event that any of the requirements or provisions of this chapter are found to be in conflict or inconsistent with the requirements of any other ordinance, code, statute, rule or regulation, the more restrictive or that imposing the higher standard shall govern.
This chapter may be amended by a majority vote of the legislative body of the Town of Wells at the Annual Town Meeting.