The purpose of this chapter is to restrict the landing of helicopters within the incorporated boundaries of the Town of Ogunquit.
[HISTORY: Adopted by the Town of Ogunquit 6-29-2017 (Title XVII of the 1980 Code). Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
An aircraft whose lift is derived from the aerodynamic forces acting on one or more powered rotors turning about substantially vertical axes.
Any helicopter pilot, helicopter passenger, helicopter owner, or any other individual responsible for a helicopter landing and/or takeoff within the incorporated boundaries of the Town of Ogunquit.
No area within the incorporated boundaries of the Town of Ogunquit shall be used for the landing of helicopters except as provided in § 94-4 of this chapter.
A.
Military, Coast Guard or law enforcement landings or takeoffs may occur at any time for emergency purposes at specified locations, with appropriate notification to the Fire and Police Departments. Use of helicopters for medical emergency purposes may also occur with prior notification to the Fire and Police Departments. Such landings shall be on an emergency basis only. Helicopter landings and takeoffs associated with public safety training exercises shall be allowed anywhere with prior notification to the Police and Fire Departments.
B.
An exception may be made for the Governor of Maine, with prior notification of the Fire and Police Departments.
Any person who violates any provision of this chapter shall be subject to a civil penalty of $5,000. Each day a violation continues to exist and each individual landing shall constitute a separate offense. A uniform summons and complaint shall be issued for any violation of this chapter.
A.
Any person charged with a violation of this chapter shall be allowed to pay a waiver fine of $2,500 to the Town in satisfaction of the violation. Such amount must be paid within 20 days of issuance of the uniform summons and complaint. If the waiver fine is paid, no appearance before a District Court Judge or other judicial officer shall be required. If the offender pays the waiver fine, the matter will be closed in the Ogunquit police records system.
[Amended 6-8-2021 ATM by Art. 9]
B.
If the offender chooses not to pay the waiver fine, he or she shall appear in court on the specified date to answer for the ordinance violation. If the offender is found by the court to have committed the offense, the Town shall seek the full amount of the applicable fine amount and shall be entitled to recover its costs of prosecution, including court costs and attorney's fees.
Where a conflict exists between any of the provisions of this chapter and any other applicable regulations, the more stringent provision shall govern and prevail.
In the event that any section, subsection or any portion of this chapter shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be deemed to effect the validity of any other section, subsection or other portion of this chapter; to this end, the provisions of this chapter are hereby declared to be severable.
Notwithstanding the provisions of 1 M.R.S.A. § 302 or any other law to the contrary, this chapter shall apply to any applications for permits or approvals required under the prior provisions of Title XVII or any other ordinance or code that were not pending before any officer, board, or agency of the Town as of December 6, 2016.