City of Westbrook, ME
Cumberland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Westbrook as indicated in article histories. Amendments noted where applicable.]
STATE LAW REFERENCES
Elections generally — 21-A M.R.S.A. § 1 et seq.
Polling times — 21-A M.R.S.A. § 626.
Ballots — 30-A M.R.S.A. §§ 2528, 2529 and 2554.
Warrant — 30-A M.R.S.A. §§ 2523 and 2551.
Election by plurality — 30-A M.R.S.A. § 2555.
Recount — 30-A M.R.S.A. § 2556.
[Adopted as Ch. XXI of the 1942 Code; amended 8-2-1971; 8-8-1977; 8-16-1993 (Ch. 10 of the 2007 Code)]
[Amended 3-21-1994; 4-7-2014]
The division of the City into wards according to the provisions of the Charter shall be as follows:
Ward 1
That area south and west of the following line: Beginning at the Westbrook-Portland boundary line and its intersection with the Presumpscot River; then southwesterly to a point southeasterly of the end of Declaration Drive; then northwesterly on Declaration Drive to Constitution Drive; then northeasterly and northwesterly on Constitution Drive to East Bridge Street; then westerly on East Bridge Street to Austin Street; then north on Austin Street to the point where Dolly Brook/Mill Brook crosses (south of Pride Street); then southwesterly along Dolly Brook to its intersection with Mill Brook; then northwesterly along Mill Brook to the southern property line of MBL020*000*019, Central Maine Power's (CMP) transmission line; then northwesterly along that property line to Methodist Road at a point south of Country Lane; and
That area south and east of the following line: Beginning on Methodist Road at a point south of Country Lane; then southerly along Methodist Road and Bridge Street to Cumberland Street; then southeasterly on Cumberland Street to Presumpscot Street; then westerly along Presumpscot River to the Maine Central Railroad crossing; then easterly along railroad tracks across Main Street to Rochester Street; then southeasterly on Rochester Street to Forest Street; then southwesterly on Forest Street and Woodland Avenue to Stroudwater Street; then southeasterly on Stroudwater Street to the Westbrook-Portland boundary line.
Ward 2
That area south and west of the following line: Beginning at the Westbrook-Portland line and its intersection with Stroudwater Street; then northeasterly on Stroudwater Street to Woodlawn Avenue and Forest Street; then northeasterly on Woodland Avenue and Forest Street to Rochester Street; then northeasterly on Rochester Street across Main Street to the Maine Central Railroad crossing; then westerly on the Maine Central Railroad crossing to the Presumpscot River; then westerly along the river to Bridge Street; and
That area south and east of the following line: Beginning at the intersection of Presumpscot River on Bridge Street; then southerly on Bridge Street to Main Street; then easterly on Main Street to Church Street; then southerly on Church Street to Cross Street; then westerly on Cross Street to Brackett Street; then southerly on Brackett Street to Prospect Street; then westerly on Prospect Street to Central Street; then southerly on Central Street to the Stroudwater River; then westerly along Stroudwater River to Saco Street; then southerly on Saco Street to the Westbrook-Scarborough boundary line.
Ward 3
That area south and west of the following line: Beginning at the Westbrook-Gorham boundary and its intersection with Presumpscot River; then easterly along Presumpscot River to Bridge Street; then southerly on Bridge Street to Main Street; then easterly on Main Street to Church Street; and
That area west of the following line: Beginning at the intersection of Main Street and Church Street; then southerly on Church Street to Cross Street; then westerly on Cross Street to Brackett Street; then southerly on Brackett Street to Prospect Street; then westerly on Prospect Street to Central Street; then southerly on Central Street to the Stroudwater River; then westerly along the Stroudwater River to Saco Street; then southerly on Saco Street to the Westbrook-Scarborough boundary line.
Ward 4
That area south and east of the following line: Beginning at the Westbrook-Windham boundary line and its intersection with the north property line of MBL017*000*010, Central Maine Power's (CMP) transmission line; then northeasterly to Methodist Road to a point south of Country Lane; and
That area south and west of the following line: Beginning on Methodist Road at a point south of Country Lane; then southerly on Methodist Road and Bridge Street to Cumberland Street; then easterly on Cumberland Street to the Presumpscot River; and
That area north of the following line: Beginning at Cumberland Street and the intersection with Presumpscot River; then westerly along Presumpscot River to the Westbrook-Gorham boundary line.
Ward 5
That area north and west of the following line: Beginning at the Westbrook-Windham boundary line and its intersection with the north property line of MBL017*000*010, Central Maine Power's (CMP) transmission line; then northeasterly to Methodist Road to a point south of Country Lane; and
That area north and east of the following line: Beginning on Methodist Road at the intersection of the southern property line of MBL020*000*019, Central Maine Power's (CMP) transmission line; then southeast along that property line to its intersection with Mill Brook; then southerly along Mill Brook to its intersection with Dolly Brook; then easterly along Dolly Brook to its intersection with Austin Street (south of Pride Street); then southerly on Austin Street to East Bridge Street; then easterly on East Bridge Street to Constitution Drive; then southeasterly and southwesterly on Constitution Drive to Declaration Drive; then southeasterly to Presumpscot River; then northeasterly along the Presumpscot River to the Westbrook-Portland boundary line.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Pursuant to the provisions of 30-A M.R.S.A. § 2527 and Article 7 of the City Charter, the nomination of persons for City offices shall be conducted in accordance with the provisions of 30-A M.R.S.A. § 2528(4), as amended.
The Clerk shall prepare ballots, at the City's expense, according to the following provisions:
A. 
The ballot shall contain the names of properly nominated candidates arranged under the proper office designation in alphabetical order by last name. It may contain no other names.
B. 
At the end of the list of candidates for each office, there must be left as many blank spaces as there are vacancies to be filled, in which a voter may write in the name and, if residence in the municipality is not a requirement to hold office, municipality of residence of any person for whom the voter desires to vote. A sticker may not be used to vote for a write-in candidate in any municipal election other than a primary election.
C. 
A square shall be printed at the left of the name of each candidate so that a voter may designate the voter's choice clearly by a cross mark (X) or a check mark. If tabulating machines are used, then the requirements of Title 21-A M.R.S.A. shall apply.
D. 
Words of explanation, such as "Vote for one," may be printed on the ballot.
E. 
A sufficient number of ballots shall be printed, photocopied or otherwise mechanically reproduced and furnished, and a record of the number shall be kept by the Clerk. The printed ballots shall be packaged in convenient blocks so that they may be removed separately.
F. 
Ten or more specimen ballots printed on paper of a distinctive color without the endorsement of the Clerk shall be provided.
G. 
The ballots and specimen ballots shall be packed in sealed packages with marks on the outside specifying the number of each enclosed.
H. 
At least four days before the election, the Clerk shall have posted in one or more conspicuous public places a specimen ballot or a list, substantially in the form of a ballot, containing the name and office designation of each candidate. The Clerk shall post five specimen ballots in the voting room outside the guardrail enclosure.
I. 
The absentee ballot requirements of 21-A M.R.S.A. § 752 apply, provided that the words "Absentee Ballot" are printed conspicuously on both sides of the folded ballot.
Municipal elections shall be called by a warrant. The form of the warrant shall meet the following requirements:
A. 
Time and place. It shall specify the time and place of the election.
B. 
Business to be acted upon. It shall state in distinct articles the items to be voted upon at the election. No other business may be acted upon.
C. 
Notification. It shall be directed to a constable, or to any resident by name, ordering that person to notify all voters assembled at the time and place appointed.
D. 
Attested copy posted. The person to whom it is directed shall post an attested copy at each polling place in the City at least seven days before the election.
E. 
Return on warrant. The person who notifies the voters of the election shall make a return on the warrant, stating the manner of notice and the time when it was given.
(1) 
If an original warrant is lost or destroyed, the return may be made or amended on a copy of the original warrant.
The time for opening the polls shall be established by vote of the municipal officers within the limits established under the general laws of the state. The time for closing the polls shall be as established by the laws of the state.
The absentee voting procedure outlined in Title 21-A M.R.S.A. shall be used, except that the Clerk shall perform the duties of the Secretary of State.
It shall be the duty of the warden to supervise all activities at the polling place, including the counting of the votes, under the direction of the City Clerk. The warden shall have such other duties and powers as provided by the provisions of Title 21-A M.R.S.A.
The person who receives a plurality of the votes cast for election to any office is elected to that office.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
If it shall appear that there is no choice of any of the officers to be elected from the citizens at large or from any of the several wards, or if any of the persons elected shall refuse to accept the office, warrants shall forthwith be issued for a new election. The same proceedings, so far as necessary, shall be as has been provided in this article, and Article 6 of the Charter, until said election is completed.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Ballot inspections, recounts of elections for office, referenda and the procedure for challenging a person who claims title to an office shall be governed by 30-A M.R.S.A. §§ 2530-a to 2533, as amended.
[Adopted 10-30-1975 (Ch. 8 of the 2007 Code)]
This article shall be known and cited as the "Citizens Initiative and Referendum Ordinance." The submission to the vote of the citizens of any proposed ordinance dealing with legislative matters on municipal affairs or any such ordinance enacted by the City Council may be accomplished by the presentation of a petition therefor to the City Council in the manner as hereinafter provided. However, the provisions of this article shall not apply to any administrative matters directly relating to the fiscal affairs of the City or tax levy of the City or any ordinance relative to such matters.
A. 
Any five or more qualified voters of the City may originate a petition for either an initiative or referendum election by signing such petition at the office of the City Clerk. The originators of said petition shall be known as the "petitioner's committee" and qualified as the circulators thereof.
B. 
Whenever requested by said five or more voters, the City Clerk shall prepare the proper petition, with a copy of their submitted proposal or ordinance thereon or attached thereto, and upon it being signed by said voters, the City Clerk shall file said petition with the date thereon and shall, during office hours for 30 business days thereafter, keep the same open for signature by other qualified voters of the City. Such petitions may then be circulated and endorsed only by those persons who have signed the original petition, and they shall attest that said petition was signed in their presence.
C. 
At the expiration of said thirty-day period, the City Clerk shall declare the petition closed and shall, at the next meeting of the City Council, present the said petition to the City Council with verification of the number of valid voter signatures attached thereto.
A. 
If the number of valid signatures to said petition shall amount to at least 10% of the number of registered voters as of the date of the last preceding regular municipal election, as certified by the Board of Registration, the City Council shall set a date for a public hearing to be held within 21 days thereafter.
B. 
At the next Council meeting after such public hearing, the City Council shall, upon finding the petition to be valid for initiative or referendum, take the necessary steps to submit to the voters of the City the ordinance or matter proposed by said petition; provided, however, that in the case of the referendum, the entire repeal by the City Council of the ordinance sought to be referred and, in the case of the initiative, the passage by the City Council of the desired ordinance shall put an end to all proceedings under said petition.
C. 
Any determination as to the insufficiency of a petition by the City Council shall be subject to court review.
A. 
The petition used to originate the initiative or the referendum shall be substantially in the following form:
Petition to the City Council
Initiative or Referendum
For the Submission to the People of the Question
Shall the proposed ordinance or matter, a copy of which is set forth herein or attached hereto, be adopted?
We, the undersigned, under oath, depose, and say: That we are duly qualified voters of the City of Westbrook, residing respectively at the addresses placed opposite our names, and we hereby petition the City Council to submit the foregoing questions to the voters of the City of Westbrook.
Names
Residence
Date
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
__________
 
I, __________, the City Clerk of the City of Westbrook, do solemnly affirm that the signatures appended hereto are the signatures of the persons whose names they purport to be, to the best of my knowledge, information, and belief.
__________
__________
Date
City Clerk
B. 
Copies of said petition may then be circulated and all such copies when filed shall contain or have attached thereto the following affidavit executed by the circulator thereof:
Affidavit of Circulator
I, the undersigned, ____________________, being the Circulator of this petition, upon my oath do solemnly affirm that I personally circulated this petition, that all signatures which total __________ in number were affixed in my presence and that I believe them to be the signatures of the persons whose names they purport to be.
__________
__________
Date:
Signature of Circulator
 
Subscribed to upon oath before me on this_____day of_____.
__________, Justice of the Peace-Notary Public
Within 10 days after the first City Council meeting held after the public hearing, the municipal officers shall set a time for the holding of a special election at which the proposed initiative or referendum question shall be submitted to the voters of the City, which special election shall be held not less than 30 nor more than 60 days after said Council meeting, provided that, if the date set for said special election shall fall within four months of the next regular state or municipal election, no such special election shall be called and the question shall be submitted at said regular election.
Whenever any ordinance is required by the provisions of this article to be submitted to the voters for adoption or repeal, the City Council shall order the publication of the complete text thereof to be made in one or more newspapers of general circulation throughout the City, such publication to be made not less than five days nor more than 15 days prior to the election.
The special ballots used for voting in said election shall set forth the title of such ordinance or other matter to be voted upon, together with two brief explanatory statements of not more than 100 words each, one prepared by the City Council and the other prepared by the petitioners. These statements shall be descriptive of the intent of the proposed ordinance or matter to be voted upon. The ballot shall in substance also contain the words:
Shall the Ordinance entitled "__________" (or proposal) be adopted.
Yes
No
Shall the Ordinance entitled "__________" (or proposal) be repealed.
Yes
No
If a majority of the qualified voters voting on said proposed or referred ordinance or matter shall vote in favor thereof, it shall take effect upon the declaration of the result of such election after the official canvas of the return of the votes by the municipal officers, provided the total number of votes cast for and against the questions equals or exceeds 30% of the total votes cast in the City at the last prior gubernatorial election.
A. 
In the event that two or more ordinances are submitted at the same election, they shall be placed upon the ballot in order of the priority of the filing of the respective petitions and shall be given precedence upon the ballot over any and all questions submitted by the City Council on its own initiative.
B. 
Any number of proposed or referred ordinances may be voted upon at the same election. In the event that two or more ordinances adopted at the same election contain conflicting provisions, the ordinance receiving the highest number of votes at such election shall be paramount and all questions of construction shall be determined accordingly.
The City Council may submit, on its own initiative, a proposition for the enactment, repeal, or amendment of any ordinance (except as herein otherwise provided) to be voted upon at any regular or special municipal election, and should such proposition receive a majority of the votes cast thereon at any election, such ordinance shall be enacted, repealed, or amended accordingly, in accordance with the provisions of §§ 21-16 to 21-19. However, the Council may also submit advisory questions on any municipal matters to the voters if it so desires.
An ordinance enacted by a vote of the people at an initiative or referendum election shall not be repealed or amended for a period of five years from the effective date of the ordinance, except by a vote of the people, unless such ordinance shall otherwise expressly provide. After five years from the effective date of the ordinance, the City Council after a public hearing may repeal or amend such ordinance by vote of 2/3 of its members.
Whenever a public hearing is required to be held in accordance with the provisions of this article, notice of the time, place, and purpose of said hearing shall be published as required by § 21-16.
A. 
This article shall be submitted to the voters for approval or rejection by a majority vote of the electors of said City, and any subsequent amendments or revisions of this article shall require the same ratification by the voters as required by Section 6.6 of the City Charter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
For the purpose of said election, the City Clerk shall reduce the subject matter to the following question: "Shall the ordinance entitled 'Citizens Initiative and Referendum Ordinance' as passed by the City Council, be approved?" The voters shall indicate by a cross or check mark placed within the square on their ballots, under the word "yes" or "no" the opinion of same, and if this article is approved by the voters, it shall take effect for all its purposes upon the declaration of the result of such election after the official canvass of the return of votes by the municipal officers.