[Ord. No. 48-1995, § 1, 5-16-1995]
The purpose of this article is to prevent damage to City ways and bridges in the City 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 City ways and bridges, and to reduce the public expense of their maintenance and repair.
[Ord. No. 48-1995, § 1, 5-16-1995]
This article is adopted pursuant to 30-A M.R.S.A. § 3009 and 29-A M.R.S.A. §§ 2395 and 2388.
[Ord. No. 48-1995, § 2, 5-16-1995]
The definitions contained in 29-A M.R.S.A. shall govern the construction of words contained in this article. Any words not defined therein shall be given their common and ordinary meaning.
[Ord. No. 48-1995, § 7, 5-16-1995]
(a) 
Any violation of this article shall be a civil infraction subject to a fine of not less than $250 and not more than $1,000. Each violation shall be deemed a separate offense. In addition to any fine, the City may seek restitution for the cost of repairs to any damaged way or bridge and reasonable attorneys' fees and costs.
(b) 
Prosecution shall be in the name of the City and shall be brought in the district court.
[Ord. No. 48-1995, § 3, 5-16-1995]
(a) 
The City Council may, either permanently or seasonally, impose such restrictions on the gross registered weight of vehicles as may, in its judgment, be necessary to protect the traveling public and prevent abuse of the highways, and designate the City ways and bridges to which the restrictions shall apply.
(b) 
Whenever notice has been posted as provided in this article, no person may thereafter operate any vehicle with a gross registered weight in excess of the restriction during any applicable time period on any way or bridge so posted, unless otherwise exempt as provided in this article.
(c) 
The notice shall contain, at a minimum, the following information: the name of the way or bridge, the gross registered weight limit, the time period during which the restriction applies, the date on which the notice was posted, and the signature of the municipal officers.
(d) 
The notice shall be conspicuously posted at each end of the restricted portion of the way or bridge in a location clearly visible from the travelway. 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.
(e) 
No person may remove, obscure or otherwise tamper with any notice so posted, except as provided in this section.
[Ord. No. 48-1995, § 4, 5-16-1995]
The following vehicles are exempt from this article:
(1) 
Any two-axle vehicle while delivering home heating fuel;
(2) 
Any vehicle while engaged in highway maintenance or repair under the direction of the state or City;
(3) 
Any emergency vehicle, such as firefighting apparatus or ambulances, while responding to an emergency;
(4) 
Any school transportation vehicle while transporting students;
(5) 
Any public utility vehicle while providing emergency service or repairs;
(6) 
Any vehicle whose owner or operator holds a valid permit from the City Council as provided in this article; and
(7) 
Any tow trucks responding to a service call of a disabled heavy vehicle.
[Ord. No. 48-1995, § 5, 5-16-1995]
(a) 
The owner or operator of any vehicle not otherwise exempt as provided in this article may apply in writing to the City Council for a permit to operate on a posted way or bridge notwithstanding the restriction. The City council may issue a permit only upon all of the following findings:
(1) 
No other route is reasonably available to the applicant;
(2) 
It is a matter of economic necessity and not mere convenience that the applicant use the way or bridge; and
(3) 
The applicant has tendered cash, a bond or other suitable security running to the City in an amount sufficient, in the City's judgment, to repair any damage to the way or bridge which may reasonably result from the applicant's use of the way or bridge.
(b) 
Even if the City council makes the findings set forth in subsection (a) of this section, it need not issue a permit if it determines the applicant's use of the way or bridge could reasonably be expected to create or aggravate a safety hazard or cause substantial damage. It may also limit the number of permits issued or outstanding as may, in its judgment, be necessary to preserve and protect the highways.
(c) 
In determining whether to issue a permit, the municipal officers shall consider the following factors:
(1) 
The gross registered weight of the vehicle;
(2) 
The current and anticipated condition of the way or bridge;
(3) 
The number and frequency of vehicle trips proposed;
(4) 
The cost and availability of materials and equipment for repairs;
(5) 
The extent of use by other exempt vehicles; and
(6) 
Such other circumstances as may, in their judgment, may be relevant.
(d) 
The City council 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.