When signs are erected giving notice thereof,
no person shall operate any commercial vehicle exceeding 10,000 pounds
gross weight at any time upon any of the streets or parts of streets
described in Schedule 8, made a part of this chapter, except that
such vehicles may be operated thereon for the purpose of delivering
or picking up materials or merchandise, and then only by entering
such street at the intersection nearest the destination of the vehicle
and proceeding thereon no further than the nearest intersection thereafter.
A.
The Traffic Engineer is hereby authorized to determine
and designate those heavily traveled streets upon which shall be prohibited
the use of the roadway by motor-driven cycles, bicycles, horse-drawn
vehicles, or other nonmotorized traffic and shall erect appropriate
signs giving notice thereof.
B.
When signs are so erected giving notice thereof, no
person shall disobey the restriction stated on such signs.
On state-aid and state highways, the installation
of signs is subject to State Highway Commission approval.
[Added 4-4-2017 by Order
No. 17-41.06]
A.
Purpose and authority. The purpose of this "Ordinance Restricting
Vehicle Weight on Posted Ways" (hereinafter, the "section") is to
prevent damage to town ways and bridges in the City of Sanford and
Village of Springvale 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 ways and bridges, and
to reduce the public expense of their maintenance and repair. This
section is adopted pursuant to 30-A M.R.S.A. § 3009 and
29-A M.R.S.A. §§ 2395 and 2388.
B.
Definitions. The definitions contained in Title 29-A M.R.S.A. shall
govern the construction of words contained in this section. Any words
not defined therein shall be given their common and ordinary meaning.
C.
Restrictions and notices.
(1)
The municipal officers may, either permanently or seasonally,
impose such restrictions on the gross registered weight of vehicles
as may, in their 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.
(2)
Whenever notice has been posted as provided herein, 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 herein.
(3)
Pursuant to 29-A M.R.S.A. § 2395, 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 signatures of the municipal officers. 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 traveled
way.
(4)
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 as provided herein.
D.
Exemptions.
(1)
The following vehicles are exempt under State law:
(a)
Any vehicle delivering home heating fuel and operating in accordance
with a permit issued by the MDOT under 29-A M.R.S.A. § 2395(4)
and, when necessary during a period of drought emergency declared
by the Governor, any vehicle transporting well-drilling equipment
for the purpose of drilling a replacement well or for improving an
existing well on property where that well is no longer supplying sufficient
water for residential or agricultural purpose and operating in accordance
with a permit issued by the MDOT under 29-A M.R.S.A. § 2395
(4-A).
(2)
The following vehicles are also exempt under the specific provisions
of this section:
(a)
Any vehicle or combination of vehicles registered for a gross
weight of 23,000 pounds or less.
(b)
Any vehicle or combination of vehicles registered for a gross
weight in excess of 23,000 pounds and traveling without a load other
than tools or equipment necessary for the proper operation of the
vehicle. This exemption does not apply to special mobile equipment.
It shall be a defense to a violation of this subsection if the combined
weight of any vehicle or combination of vehicles registered for a
gross weight in excess of 23,000 pounds and its load is in fact less
than 23,000 pounds.
(c)
Maine DOT vehicles or other vehicles authorized by Maine DOT
or a municipality or county to maintain the roads under their authority.
(d)
Authorized emergency vehicles as defined in 29-A M.R.S.A. § 2054,
school buses, a wrecker towing a disabled vehicle of legal weight
from a posted highway, and vehicles with three axles or less under
the direction of a public utility and engaged in utility infrastructure
maintenance or repair.
(e)
Any two-axle vehicles registered for a gross weight in excess
of 23,000 pounds and less than or equal to 34,000 pounds that are
carrying any of the special commodities may operate without a permit.
Special commodities includes any of the following:
[1]
Home-delivered heating fuel (oil, gas, coal, stove-size
wood that is less than 36 inches in length, propane and wood pellets);
[2]
Petroleum products;
[3]
Groceries;
[4]
Bulk milk;
[5]
Solid waste;
[6]
Animal bedding;
[7]
Returnable beverage containers;
[8]
Sewage from private septic tanks or porta-potties;
or
[9]
Medical gases.
E.
Permits.
(1)
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 posted way or bridge notwithstanding the
restriction. The municipal officers may issue a permit only upon all
of the following findings:
(a)
No other route is reasonably available to the applicant;
(b)
It is a matter of economic necessity and not mere convenience
that the applicant use the way or bridge; and
(c)
The City has determined whether the applicant is required to
provide tendered cash, a bond, or other suitable security running
to the municipality 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 same.
(2)
Even if the municipal officers make the foregoing findings,
they need not issue a permit if they determine the applicant's use
of the way or bridge could reasonably be expected to create or aggravate
a safety hazard or cause substantial damage to a way 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.
(3)
In determining whether to issue a permit, the municipal officers
shall consider the following factors:
(a)
The gross registered weight of the vehicle;
(b)
The current and anticipated condition of the way or bridge;
(c)
The number and frequency of vehicle trips proposed;
(d)
The cost and availability of materials and equipment for repairs;
(e)
The extent of use by other exempt vehicles; and
(f)
Such other circumstances as may, in their judgment, be relevant.
(4)
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.
F.
Administration and enforcement. This section shall be administered
and may be enforced by the municipal officers or their duly authorized
designee (such the Director of Highways or Director of Public Works).
G.
Penalties. Any violation of this section shall be a civil infraction
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.
H.
Amendments. This section may be amended by the municipal officers
at any properly noticed meeting.
I.
Severability; effective date.
