[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.
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.
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.
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.
A.
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.
B.
The minimum number of rest room facilities to be provided
shall be determined by the following schedule:
[Amended 11-7-2000]
(1)
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.
(2)
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.
(3)
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.
(4)
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.
[Amended 11-7-2000]
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.
A.
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):
(1)
The Code Enforcement Officer shall deny a certificate
of occupancy for any new business.
(2)
The Town Health Officer shall issue an order of closure
for any existing or operating business.
(3)
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.
(4)
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.
B.
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.
[Amended 11-7-2000]
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.
