[HISTORY: Adopted by the Town of Ogunquit 5-5-1987 (Title IX, Ch. 10, of the 1980 Code). Amendments noted where applicable.]
A. 
The title of this chapter shall be the "Ogunquit Public Transportation Ordinance." It has been enacted by the Municipal Officers of the Town of Ogunquit pursuant to the authority granted by 30-A M.R.S.A. § 3009(1)(F) in order to ensure the safety of the residents of Ogunquit and the many visitors to the community.
[Amended 6-8-2021 ATM by Art. 9]
B. 
The purpose of this chapter is to license and control those persons, corporations or businesses who engage in the business of operating trolleys or buses over a fixed route on a regular basis for a fee within the Town of Ogunquit. Another purpose of this chapter is to establish a fixed route of travel over which trolleys or buses shall operate, stopping points for the pickup and discharge of passengers, vehicle capacities, and hours of operation and insurance and safety inspection requirements.
C. 
As used herein, the words listed below shall have the following definitions:
LICENSEE
Includes any person, individual, partnership, firm, association, corporation, other legal entity, or any agent thereof issued a license by the Municipal Officers.
MUNICIPAL OFFICERS
The Ogunquit Select Board.
PUBLIC TRANSPORTATION
Pertains to any trolley or bus used for the regular transportation of persons over a fixed route on a regular basis from points within the Town of Ogunquit to other points within the Town.
A. 
No person shall transport persons for a fee over a fixed route on a regular basis within the Town of Ogunquit until he/she shall have first obtained a license to do so from the Municipal Officers.
B. 
Applicants for a public transportation license shall submit a written application to the Town Clerk on forms approved by the Municipal Officers. The application shall include the applicant's name, the name of the business, the address of the business, the type and capacity of vehicle(s) to be used, and any additional information as may be required by the Municipal Officers to issue the license.
[Amended 4-5-2003 ATM]
The Select Board shall establish a fee for a public transportation license to operate from points within the Town to other points within the Town and an additional fee for each trolley.
A public transportation license shall be valid for a one-year period from January 1 until December 31, regardless of the date of issuance, unless suspended or revoked by the Municipal Officers.
A. 
The Town Manager or Chief of Police may suspend the right to operate of any employee of a licensee found violating the provisions of this chapter or of the public laws relating to the operation of motor vehicles or the endangerment of the public health, safety, and welfare.
B. 
The licensee shall be notified and shall either immediately affirm the suspension and replace the employee or shall give notice of an appeal to the Municipal Officers.
Any licensee or employee of a licensee whose right to operate under this chapter has been suspended shall be afforded a right to appeal to the Municipal Officers. The Municipal Officers shall meet within 10 days after being notified of the appeal to consider it. The Municipal Officers, after notice and hearing, may confirm the suspension or may modify it as the circumstances may require or may vacate the suspension altogether. The length of any suspension shall be determined by the Municipal Officers.
After repeated or serious violations of the provisions of this chapter or the laws of the state by a licensee or an employee thereof, and after notice and hearing, the Municipal Officers may revoke any license issued under the authority of this chapter.
The Municipal Officers shall establish the official route map, which shall be attached to and made part of this chapter.[1] It shall be a violation of this chapter to operate on any route other than those specified on the official route map. It shall also be a violation of this chapter for one trolley to pass another while traveling along the established routes while in regular service.
[1]
Editor's Note: The current map is on file at the office of the Town Clerk.
The Municipal Officers shall designate the stopping points on the official route map. It shall be a violation of this chapter to stop at any points other than the official stopping points, which shall be designated by a uniform system of signs.
Vehicle capacities shall not exceed federal safety standards and shall be posted on the outside of the vehicle by the forward door and at the rear of the vehicle. In addition, the capacities shall be posted on the inside of the vehicle near the forward door in a place clearly visible to the passengers. It shall be a violation of this chapter to carry more passengers than the posted capacities allow.
[Amended 10-20-1987]
A. 
The maximum hours of regular operation shall be from 7:00 a.m. to 12:00 midnight with posted hours of operation to be as follows:
(1) 
Preseason (weekend prior to Memorial Day to July 1): from 8:00 a.m. to 9:00 p.m.
(2) 
Season (July 1 to Labor Day): from 8:00 a.m. to 9:00 p.m.
(3) 
Post-season (Labor Day to Columbus Day): from 8:00 a.m. to 9:00 p.m.
B. 
Each licensee shall be required to operate at least one trolley during the hours of operation for the entire season as noted above.
[Amended 10-20-1987]
Any increases in fares charged must be approved by the Municipal Officers and must be the same for all operators.
Insurance coverage on the vehicles shall be in the amount and of the type required by the State of Maine for vehicles for hire.
Safety requirements for the vehicles shall be as required by the State of Maine and by any other applicable standards.
In case of emergency situations, members of the Police or Fire Department or other public safety officers are authorized to waive the requirements of this chapter on a temporary basis in order to meet the needs of the emergency situation.
Ogunquit police officers are authorized to enforce the provisions of this chapter.
Any licensee who is found to have violated or who has failed to comply with any of the provisions of this chapter may have his license revoked as provided for in § 150-7. A licensee shall be responsible for the actions of his/her employees.
A public transportation license may be renewed each year subject to review of system's operations by the Select Board. Before issuance of a public transportation license, the Select Board shall review this chapter.
The invalidity of any part of this chapter shall not invalidate the other parts.