[Adopted 6-16-1998 by
Art. 4 (Title II, Ch. 7, of the 1980 Code)]
This article shall be known and may be cited and referred to
as the "Civil Emergency Preparedness Ordinance of the Town of Ogunquit"
authorized under 37-B M.R.S.A. §§ 781 to 834 as enacted
by P.L. 1983, c. 460.
The following definitions shall apply in the interpretation
of this article:
CIVIL EMERGENCY PREPAREDNESS
The preparation for and the carrying out of all emergency
functions, other than functions for which military forces are primarily
responsible, to minimize and repair injury and damage resulting from
disasters or catastrophes caused by enemy attacks, sabotage, riots
or other hostile action, or by fire, flood, earthquake or other natural
or man-made causes. These functions include engineering, air raid
warning and communications services; radiological, chemical and other
special weapons defense; evacuation of persons from stricken areas;
economic stabilization; allocation of critical materials in short
supply; emergency transportation; existing or properly assigned functions
of plant protection; other activities related to civilian protection;
and other activities necessary to the preparation for the carrying
out of these functions.
CIVIL EMERGENCY PREPAREDNESS FORCES
The employees, equipment and facilities of all Town departments,
boards, institutions and commissions and, in addition, it shall include
all volunteer personnel, equipment and facilities contributed by,
or obtained from, volunteer persons or agencies.
DIRECTOR
The Director of the Ogunquit Office of Civil Emergency Preparedness,
appointed as prescribed in this article.
DISASTER
The occurrence of imminent threat of widespread or severe
damage, injury or loss of life or property resulting from any natural
or man-made cause, including, but not limited to, fire, flood, earthquake,
wind, storm, wave action, oil spill or other water contamination requiring
emergency action to avert danger or damage, epidemic, air contamination,
blight, drought, critical material shortage, infestation, explosion,
riot or hostile military or paramilitary action.
LOCAL
Restricted to the geographic boundaries of Ogunquit or Ogunquit
and the municipalities adjacent to it.
REGULATIONS
Includes plans, programs and other emergency procedures deemed
essential to civil emergency preparedness.
TOWN MANAGER
Duly appointed person to the position of Town Manager by
the Select Board or designated person selected by the Select Board
in the Town Manager's absence.
Whenever a local disaster exists or appears imminent, the Town
Manager, or his designee, by majority approval of the Select Board,
shall, by proclamation, declare that fact and that an emergency exists
in the municipality. A copy of the proclamation shall be posted in
the same manner as the warrant calling a Town Meeting or a copy of
the proclamation shall be filed with the Clerk. Local representatives
of the media shall be contacted and informed about the proclamation
as soon as possible.
A. Emergency powers and duties. During any period when a local disaster
has been proclaimed a disaster pursuant to 37-B M.R.S.A. § 742,
the Town Manager may promulgate such regulations as he or she deems
necessary to protect life and property and preserve critical resources.
Such regulations may include, but not be limited to, the following:
(1) Regulations prohibiting or restricting the movement of vehicles in
order to facilitate the work of civil emergency preparedness forces
or to facilitate the mass movement of persons from critical areas
within or outside the Town.
(2) Regulations pertaining to the movement of persons from areas deemed
hazardous or vulnerable to disaster.
(3) Such other regulations necessary to preserve public peace, health
and safety.
B. The Town Manager may obtain vital supplies, equipment and other properties
found lacking and needed for the protection of health, life and property
of the people, and bind the Town for the fair value thereof.
C. The Town Manager may require emergency services of any Town officer
or employees. If regular Town forces are determined inadequate, the
Director may require the services of such other personnel as he or
she can obtain that are available, including citizen volunteers. All
duly authorized persons rendering emergency services shall be entitled
to the privileges and immunities provided by state law and ordinances
for regular Town employees and other registered and identified civil
emergency preparedness and disaster workers.
Whenever the Town Manager is satisfied that a local emergency
or disaster no longer exists, he or she shall terminate the emergency
proclamation by another proclamation. That proclamation shall be published
in local newspapers and posted in the same manner as the warrant calling
a Town Meeting. Local representatives of the media shall be informed
of the termination of the emergency as soon as possible.
The Director of the Office of Civil Emergency Preparedness shall
be responsible to the Town Manager in regards to all phases of the
civil emergency preparedness activity. Under the supervision of the
Manager, he or she shall be responsible for the planning, coordination
and operation of the civil emergency preparedness activity in the
Town. Under supervision of the Manager, he or she shall maintain liaison
with the county, state and federal authorities and the authorities
of other nearby political subdivisions as to ensure the most effective
operation of the civil emergency preparedness plan. His or her duties
shall include but not be limited to the following:
A. Coordinating the recruitment of volunteer personnel and agencies
to augment the personnel and facilities of the Town for civil emergency
preparedness purposes.
B. Development of plans for the immediate use of all the facilities,
equipment, manpower and other resources of the Town for the purpose
of minimizing or preventing damage to persons and property and protecting
and restoring to usefulness governmental services and public utilities
necessary for the public health, safety, and welfare.
C. Negotiating and concluding agreements with owners or persons in control
of buildings or other property for civil emergency preparedness purposes
and designating suitable buildings as public shelters.
D. Through public informational programs, educating the civilian population
as to actions necessary and required for the protection of their persons
and property in case of enemy attack, or disaster, as defined herein,
either impending or present.
E. Conducting public practice alerts to ensure the efficient operation
of the civil emergency preparedness forces and to familiarize residents
with civil emergency preparedness regulations, procedures and operations.
F. Coordinating the activity of all other public and private agencies
engaged in any civil emergency preparedness activity.
G. Assuming such authority and conducting such activity as the Town
Manager may direct to promote and execute the civil emergency preparedness
plan.
A comprehensive civil emergency preparedness emergency operations
plan shall be adopted and maintained by resolution of the Select Board
upon recommendation by the Town Manager.
It shall be unlawful for any person to violate any of the provisions
of this article or of the regulations or plans issued pursuant to
the authority contained herein, or to willfully obstruct, hinder or
delay any member of the civil emergency preparedness organization
as herein defined in the enforcement or the provisions of this article
or any regulations or plan issued thereunder.
Any person, firm or corporation violating any provision of this
article, or any rule or regulation promulgated thereunder, upon conviction
thereof, shall be punished by a fine of a minimum of $100 to a maximum
of $1,000 per occurrence.
Should any provision of this article be declared invalid for
any reason, such declaration shall not affect the validity of other
provisions, or of this article as a whole, it being the legislative
intent that the provisions of this article shall be severable and
remain valid notwithstanding such declaration.
At all times when the orders, rules and regulations made and
promulgated pursuant to this article shall be in effect, they shall
supersede all existing ordinances, orders, rules and regulations insofar
as the latter may be inconsistent therewith.
[Adopted effective 12-10-1996 (Title II, Ch. 6, of the 1980 Code)]
[Amended 11-3-2009 STM]
The Town of Ogunquit Select Board is authorized to, and shall, assign road names and numbers to all properties, both existing and proposed roads, in accordance with the criteria in §§
61-15 and
61-16. The Code Enforcement Officer shall be responsible for maintaining the following official records of this article:
A. These maps are digitally produced on compact discs (CDs) by the Maine
Office of Geographic Information Systems. Updates are generated by
the Addressing Officer. Copies of these CDs are located at the Land
Use Office.
B. A complete list of all property owners listed by address, map and
lot and last name is located at Town Hall and the Assessor's office.
All roads that serve two or more properties shall be named regardless
of whether the ownership is public or private. A "road" refers to
any highway, road, street, avenue, lane, private way, or similar paved,
gravel, or dirt thoroughfare. "Property" refers to property on which
a more or less permanent structure has been erected or could be placed.
A road name assigned by the Town of Ogunquit shall not constitute
or imply acceptance of the road as a public way. The following criteria
shall govern the naming system:
A. No two roads shall be given the same name (e.g., no Shore Road and
Shore Lane).
B. No two roads should have similar sounding names (e.g., Beach Street
and Peach Street).
C. Each road shall have the same name throughout its entire length.
Numbers shall be assigned every 50 feet along both sides of
the road, with even numbers appearing on the right side of the road
and odd numbers appearing on the left side of the road, determined
by the number origin. The frontage interval may vary in more densely
populated areas (i.e., Perkins Cove and Ogunquit Square areas). The
following criteria shall govern the numbering system:
A. All number origins shall begin from the designated center of Ogunquit
Square or at the end of the road closest to the Ogunquit Square, with
the exception of U.S. 1 (Main Street) whose number origin will begin
at the southerly end of Town. For dead-end roads, the numbering shall
originate at the intersection of the adjacent road and terminate at
the dead end.
B. The number assigned to each structure shall be that of the numbered
interval falling closest to the front door. If the front door cannot
be seen from the main road, the number shall be that of the interval
falling closest to the driveway of said structure.
C. Every structure with more than one principal use or occupancy shall
have a separate number for each use or occupancy (i.e., duplexes will
have two separate numbers; apartments will have one road number with
an apartment number, such as 125 U.S. 1, Apt. 1).
All owners of structures within the Town of Ogunquit shall, by the date stipulated in §
61-20, display and maintain in a conspicuous place on said structure the assigned numbers in the following manner:
A. Number on the structure or residence. Where the residence or structure
is within 50 feet of the edge of the road right-of-way, the assigned
number shall be displayed on the front of the residence or structure
near the front door or entry.
B. Number at the street line. Where the residence is over 50 feet from
the edge of the road right-of-way, the assigned number shall be displayed
on a post, fence, wall, the mailbox, or on some structure at the property
line next to the walk or access drive to the residence or structure.
C. Size and color of number. Numbers shall be displayed in a color and
size approved for use by the Code Enforcement Officer and shall be
visible from the road.
D. Every person whose duty is to display the assigned number shall remove
any different number that might be mistaken for, or confused with,
the number assigned in conformance with this article.
E. Interior location. All residents and other occupants are requested
to post the assigned number and road name next to their telephone
for emergency reference.
All new construction and subdivision shall be named and numbered
in accordance with the provisions of this article and as follows:
A. New construction. Whenever any residence or other structure is constructed
or developed, it shall be the duty of the new owner to obtain an assigned
number from the Code Enforcement Office. This shall be done at the
time of issuance of the building permit.
B. New subdivision. Any prospective subdivider shall show a proposed
road name and lot numbering system on the preapplication submission
to the Planning Board. Approval by the Planning Board, after consultation
with the Code Enforcement Officer, shall constitute the assignment
of road names and numbers to the lots in the subdivision. On a final
plan showing proposed roads, the applicant shall mark on the plan
lines or dots in the center of the streets every 50 feet to aid in
the assignment of numbers to structures subsequently constructed.
[Amended 11-3-2009 STM]
When it has been determined by the Addressing Officer that an
officially issued E911 address number is missing, incorrect or not
visible from a distance of 50 feet from the street, the Addressing
Officer shall within three business days notify the property owner
of the violation. Notification shall be sent by certified mail. Notification
shall also be given verbally whenever possible but does not eliminate
the requirement for the Addressing Officer to notify the property
owner via certified mail. The Addressing Officer shall order placement
of the assigned E911 number and shall explain the penalties as noted
in Subsections A and B for noncompliance as applicable to the property.
A. A business property owner has 10 business days from the date of receipt
of the certified mail to install an officially issued E911 address
number as ordered to do so by the Addressing Officer. If the business
property owner fails to comply within the 10 business days, the Addressing
Officer will send a follow-up warning letter via certified mail stating
that if the business property owner does not comply within five business
days from receipt of the warning letter he/she shall be subject to
the denial or immediate revocation of his/her business license. The
above shall be enforced by the Ogunquit Code Enforcement Officer.
B. A residential property owner has 10 business days from the date of
receipt of the certified mail to install an officially issued E911
address number as ordered to do so by the Addressing Officer. If the
residential property owner fails to comply within the 10 business
days, the Addressing Officer will send a follow-up warning letter
via certified mail stating that if the residential property owner
does not comply within five business days from receipt of the warning
letter he/she shall be fined $50 plus an additional $5 for each day
the violation continues thereafter. The above shall be enforced by
the Ogunquit Code Enforcement Officer.
This article shall become effective as of December 10, 1996.
It shall be the duty of the Code Enforcement Officer to notify by
mail each property owner and the post office of a new address at least
30 days before the effective date of its use. It shall be the duty
of each property owner to comply with this article, including the
posting of new property numbers, within 30 days following notification.
On new structures, numbering will be installed before final inspection
or when the structure is first used or occupied, whichever comes first.