[HISTORY: Adopted by the Town of Ogunquit as indicated in article histories. Amendments noted where applicable.]
[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.
A. 
It is the intent and purpose of this article to establish an office that will ensure the complete and efficient utilization of all of the Town's facilities to combat disaster as defined herein.
B. 
The Ogunquit Office of Civil Emergency Preparedness will be the coordinating agency for all activity in connection with civil emergency preparedness.
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.
CIVIL EMERGENCY PREPAREDNESS VOLUNTEER
Any person duly registered, identified and appointed by the Director of the Office of Civil Emergency Preparedness.
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.
A. 
An Office of Civil Emergency Preparedness is hereby established within the executive department of the Town government and under the direction of the Town Manager.
(1) 
Organization. The Town Manager is hereby authorized to organize the Office of Civil Emergency Preparedness utilizing to the fullest extent possible the existing agencies within the Town.
B. 
Administration and operation.
(1) 
There shall be an executive head of the Office of Civil Emergency Preparedness who shall be known as the Civil Emergency Preparedness Director. The Director shall be appointed by the Select Board and work under the direction of the Town Manager.
(2) 
In addition to the Director, the office shall include such other assistants, employees and civil emergency preparedness volunteers as are deemed necessary for the proper functioning of the organization. Any necessary employee shall be hired by the Director with the consent of the Town Manager.
(3) 
The Office of Civil Emergency Preparedness shall operate according to this article and regulations which shall be approved by the Ogunquit Select Board and which may be amended from time to time by the Select Board. No regulation or amendment shall be approved or adopted by the Select Board during a declared emergency.
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)]
A. 
Title. This article may be referred to as the "E911 Ordinance."
B. 
Purpose. The purpose of this article is to enhance the easy and rapid location of properties by law enforcement, fire, rescue, and emergency medical services personnel in the Town of Ogunquit.
C. 
Authority. The article is adopted pursuant to and consistent with the Municipal Home Rule Powers as provided in Article VIII, Part 2, Section 1 of the Constitution of the State of Maine and 30-A M.R.S.A. § 3001.
[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.