[HISTORY: Adopted by the Board of Selectmen of the Town of Alfred 3-9-2010 (authorized by referendum vote 3-7-2003). Amendments noted where applicable.]
The purpose of this Temporary Closing and Weight Restriction Ordinance of the Town of Alfred (hereinafter, the "article") is to prevent damage to Town roads and bridges in the Town of Alfred which may be caused by vehicles of excessive weight, to lessen safety hazards and the risk of injury to the traveling public, to extend the life expectancy of Town roads and bridges, and to reduce the public expense of their maintenance and repair.
This article is adopted pursuant to 30-A M.R.S.A. § 3009 and 29-A M.R.S.A §§ 2395 and 2388.
The definitions contained in 29-A M.R.S.A. § 101 shall govern the construction of words contained in this article. Any words not defined therein shall be given their common and ordinary meanings.
The municipal officers may either temporarily close Town roads and/or impose such restrictions on the gross registered weight of vehicles on Town roads as may, in their judgment, be necessary to protect the traveling public and prevent abuse of the highways, and designate certain Town roads to be closed temporarily and designate certain Town roads and bridges to which weight restrictions shall apply.
Whenever notice has been posted as provided herein, no person may thereafter operate any vehicle on the roads that have been temporarily closed or operate a vehicle with a gross registered weight in excess of the restriction imposed by the municipal officers during any applicable time period on any road or bridge so posted unless otherwise exempt as provided herein.
The notice shall contain, at a minimum, the following information: the name of the road or bridge, the gross registered weight limit, the time period during which the closing or restriction applies, the date on which the notice was posted, and the signatures of the municipal officers. The notice shall be conspicuously posted at each end of the closed or restricted portion of the road or bridge in a location clearly visible from the traveled road.
Whenever a restriction expires or is lifted, the notices shall be removed wherever posted. Whenever a restriction is revised or extended, existing notices shall be removed and replaced with new notices. No person may remove, obscure or otherwise tamper with any notice so posted except it as provided herein.
Any vehicle delivering home fuel and operating in accordance with a permit issued by the Department of Transportation pursuant to the provisions of 19-A M.R.S.A. § 2395 is exempt from this article and may travel over Town roads without a permit. Any other vehicle exempt by the Department of Transportation or state statute is also exempt from this article.
Editor's Note: So in original; apparently should refer to 29-A M.R.S.A. § 2396, Certain substances on public ways.
The owner or operator of any vehicle not otherwise exempt as provided herein may apply in writing to the municipal officers for a permit to operate on a temporarily closed road or on a posted road or bridge notwithstanding the restriction. The municipal officers may issue a permit only upon all of the following findings:
No other route is reasonably available to the applicant;
It is a matter of economic necessity and not mere convenience that the applicant use the road or bridge; and
The applicant has tendered cash, a bond or other suitable security running to the municipality in an amount sufficient, in their judgment, to repair any damage to the road or bridge which may reasonably result from the applicant's use of same.
Even if the municipal officers make the foregoing findings, they need not issue a permit if they determine the applicant's use of the road or bridge could reasonably be expected to create or aggravate a safety hazard or cause substantial damage to a road or bridge maintained by the municipality. They may also limit the number of permits issued or outstanding as may, in their judgment, be necessary to preserve and protect the highways and bridges.
In determining whether to issue a permit, the municipal officers shall consider the following factors:
The gross registered weight of the vehicle;
The current and anticipated condition of the road or bridge;
The number and frequency of vehicle trips proposed;
The cost and availability of materials and equipment for repairs;
The extent of use by other exempt vehicles; and
Such other circumstances as may, in their judgment, be relevant.
The municipal officers may issue permits subject to reasonable conditions, including but not limited to restrictions on the actual load weight and the number or frequency of vehicle trips, which shall be clearly noted on the permit.
The following Town roads and bridges are permanently posted restricting through traffic on them to vehicles weighing less than the registered weights indicated:
This article shall be administered and may be enforced by the municipal officers or their duly authorized designee, such as the Road Commissioner or Code Enforcement Officer or any law enforcement officer of the municipality, county or state.
Any violation of this article shall be a civil violation subject to a fine of not less than $250 nor more than $1,000. Each violation shall be deemed a separate offense. In addition to any fine, the municipality may seek restitution for the cost of repairs to any damaged way or bridge and reasonable attorney fees and costs. Prosecution shall be in the name of the municipality and shall be brought in the Maine District Court. In determining the amount of the fine, the Court shall take into account any prior violations of this article, the extent to which the vehicle's gross registered weight exceeded the restriction, and any safety hazards or damages attributable to the violation.
This article may be amended at any properly noticed meeting of the Board of Selectmen.
This Parking Ordinance of the Town of Alfred (hereinafter "the article") is adopted pursuant to 30-A M.R.S.A. § 3009.
This article is designed to protect public health and welfare by regulating the parking of motor vehicles on certain public ways and on publicly owned property. Unrestricted parking on public ways and/or publicly owned property creates traffic and general safety hazards and is dangerous to pedestrians and motorists, and it is the purpose of this article to reduce this danger.
For purposes of this article, the terms listed below are defined as follows; any other term used in this article shall have its common, ordinary meaning unless otherwise indicated.
- PUBLIC WAY
- Any public way defined in 29 M.R.S.A. § 101, any Town way or public easement as defined in 23 M.R.S.A. § 3021 and any portion of any state or state-aid highway located within the Town. This term includes ways commonly designated as "streets," "lanes," "roads" and "avenues" and includes paved or unpaved shoulders of such ways.
No person shall park a motor vehicle on the public ways or portions of public ways, or on publicly owned property, where "No Parking/Tow Away Zone" signs or signs bearing similar language have been erected by the municipality. The municipal officers, after public hearing, shall designate, from time to time, where the "No Parking/Tow Away Zone" signs, or signs bearing similar language, shall be erected. No-parking zones must be established by the unanimous vote of the Board of Selectmen.
No person shall cause, allow or permit a motor vehicle registered in his or her name to park in violation of this article. The fact that a motor vehicle is unlawfully parked shall be prima facie evidence of the unlawful parking of such vehicle by the person in whose name such vehicle is registered.
No motor vehicle shall stop, stand or park, along the side line of any traveled way, whether occupied or not, within 12 feet of any fire hydrant.
This article does not apply to motor vehicles that are parked in prohibited areas for the following reasons:
Penalties. Any person found in violation of this article by a court of competent jurisdiction shall be subject to a fine of not more than $250 nor less than $50; all fines accrue to the municipality.
Persons charged with violating this article may waive court action by payment of a fee of $50 within seven days after receiving notice of the violation. Any such waiver and payment of fee shall be processed through the Code Enforcement Officer.
This article shall be enforced by the municipal officers or their duly appointed designee. Violation of this article shall be a civil violation and shall be prosecuted, if necessary, in the appropriate District Court.
In the event that any portion of this article is found by a court to be invalid, the remaining provisions shall continue in full force and effect.
Any motor vehicle parked upon a public way of the Town or on publicly owned property, in a place, manner or for a length of time prohibited by this article, or during any parking ban declared by the municipal officers (provided notice of such ban has been given at least four hours prior to the ban to the public by notification to a representative of a radio station or television station serving the area), is hereby declared to be an obstruction in the public way or publicly owned property and a menace to the safety of the traveling public. Any motor vehicle parked which constitutes an obstruction under this section of this article may, at the request and under the direction of the municipal officers or their designee, be towed to a suitable garage or storage space and impounded thereon until all towing and storage fees established in Subsection B(2) below are paid.
When any vehicle is towed pursuant to this article, the following procedure shall be followed:
Notice shall be sent to the registered owner of the vehicle by regular first class mail, postage prepaid, within 24 hours following the tow.
The notice shall contain the following information: registration number and brief description of the vehicle; name and address of person or company who performed the tow; location where the vehicle is stored; the provisions of the article which were violated and led to the tow; and the towing fee and any storage fee.
This article may be amended at any properly noticed meeting of the Board of Selectmen.