The City of Belfast hereby adopts this article in order to regulate
public and private conduct on the 2.3-mile section of rail corridor
owned by the City that runs between the intersection of City Point
Road and Kaler Road and runs southerly to the property line of Penobscot
McCrum Corp. This area is also known as the "Belfast Rail Trail" which
was converted from a rail line which has now been rail banked under
federal law.
This article is enacted pursuant to the home rule authority
granted to the City in accordance with the provisions of 30-A M.R.S.A.
§ 3001.
No person shall operate a motor vehicle of any kind on the City-owned
property commonly known as the "Rail Trail" except under the following
circumstances:
(1) Operation of a motorized wheelchair.
(2) Vehicles used for emergency response.
(3) Vehicles used by law enforcement officials.
(4) Vehicles used by official emergency responders.
(5) Vehicles used for inspection or maintenance of the trail.
(6) Vehicles used by private property owners to gain access to their
property which is currently maintained as an permanent open drive.
(7) Vehicles used by private property owners to gain access to their
property which is not currently maintained as a permanent open drive
but who nevertheless gain permission to set up a permanent open drive
in the future from the City Council.
(8) Vehicles used by private property owners who from time to time need
to gain access to their property which is not currently served by
a permanent open drive under such terms and conditions as administered
in writing by the City Manager who shall consider pedestrian safety,
the need for temporary suitable warnings about such temporary crossings
as well as the potential damage to the trail itself cause by the temporary
crossing or crossings.
(9) Any other vehicle authorized in writing by the City Manager.
Any person who violates the provision of this article shall
commit a civil violation for which a penalty shall be assessed as
follows:
(1) One hundred fifty dollars for the first violation payable to the
City of Belfast.
(2) Two hundred fifty dollars for the second violation payable to the
City of Belfast.
(3) Five hundred dollars for the third violation payable to the City
of Belfast.