This chapter may be known and cited as the "Traffic Ordinance."
The following words and phrases, when used in this chapter,
shall for the purpose of this chapter have the meanings respectively
ascribed to them in this section:
A narrow way between buildings generally giving access to
the rear of buildings.
Vehicles of the Fire & Rescue Department, Police Department
and such ambulances and emergency vehicles of municipal departments
or public service corporations as are designated or authorized by
the Chief of Police.
Every device propelled by human power upon which any person
may ride, having two tandem wheels either of which is more than 20
inches in diameter.
"Business or residence" shall mean the territory of any municipality
contiguous to any way which is built up with structures which are
less than 150 feet apart for a distance of at least 1/4 of a mile.
Every vehicle designed, maintained or used primarily for
the transportation of property.
Every highway, street or roadway in respect to which owners
or occupants of abutting lands and other persons have no legal right
of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction
over such highway, street or roadway.
That part of a roadway at an intersection included within the
connections of the lateral lines of the sidewalk on opposite sides
of the highway measured from the curbs or, in absence of curbs, from
the edge of the traversable roadway.
Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the
surface.
A space adjacent to the curb reserved for the exclusive use
of vehicles during the loading or unloading of passengers or materials.
Every person who drives or is in actual physical control
of a vehicle.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
"Public holidays," as used in this chapter, are those provided
by 4 M.R.S.A. § 1051.
A portion of the paved surface of the street of sufficient
length and depth from the sidewalk curb to accommodate a vehicle to
be parked as shall be specified and marked off by the Chief of Police.
The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines
of the roadways of the two highways which join one another, or approximately
at right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
Every vehicle which is self-propelled, including motorcycles.
Whenever certain hours are named herein they shall mean standard
time or daylight saving time as may be in current use in the City.
All signs, signals, markings and devices not inconsistent
with this chapter placed or erected by authority of a public body
or official having jurisdiction for the purpose of regulating, warning
or guiding traffic.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading of merchandise or passengers.
Any person afoot.
Every natural person, firm, copartnership, association or
corporation.
Every officer of the municipal Police Department or any officer
authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission
from the owner, but not by other persons.
Every parcel of land owned or controlled by any of the departments
of the City or any quasi-municipal department.
A carrier of persons or property upon cars operated upon
stationary rails.
A steam engine, electric or other motor, with or without
car coupled thereto, operated upon rails.
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked
or indicated by adequate signs as to be plainly visible at all times
while set apart as a safety zone.
The portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines, intended for
the use of pedestrians.
The halting of a vehicle, whether occupied or not, otherwise
than for the purpose of and while actually engaged in receiving or
discharging passengers.
When required means complete cessation from movement.
When prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer
or traffic control sign or signal.
Every highway or portion thereof on which vehicular traffic
from intersecting highways is required by law to yield right-of-way
to vehicles on such through highway in obedience to either a stop
sign or a yield sign when such signs are erected as provided in this
chapter.
Pedestrians, ridden or herded animals, vehicles, and other
conveyances, either singly or together, while using the highway for
purpose of travel.
Any device, whether manually, electrically or mechanically
operated, by which one is alternately directed to stop and permitted
to proceed.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting devices
moved by human power or used exclusively upon stationary rails or
tracks.
[Added 3-1-2004; amended 6-1-2020 by Ord. No. 2020-55]
Whenever in this chapter any act is prohibited or is made or declared to be unlawful, or whenever in this chapter the doing of an act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision of this chapter shall be punished by a fine of not more than the maximum fine found in Chapter A401, Master Fine Schedule. All fines shall be recovered on complaint to the use of the City. Each day any violation of any provision of this chapter shall continue shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
It is a civil violation for any person to do any act forbidden, or fail to perform any act required, in this chapter or in the schedules included in Article VI of this chapter, as amended from time to time.
No person shall willfully fail or refuse to comply with any
lawful order or direction of a police officer or Fire & Rescue
Department official.
The provisions of this chapter shall apply to the driver of
any vehicle owned by or used in the service of the United States Government,
this state, county or City, and it shall be unlawful for any such
driver to violate any provisions of this chapter, except as otherwise
permitted in this chapter or by state statute.
[Amended 6-1-2020 by Ord.
No. 2020-55]
Police Department records shall be maintained in accordance
with the Local Government Records Retention Schedule.
A.
It shall be the duty of the officers of the Police Department or
such officers as are assigned by the Chief of Police to enforce all
the traffic laws of the City and all of the state laws applicable
to traffic in the City.
B.
Officers of the Police Department or such officers as are assigned
by the Chief of Police are hereby authorized to direct all traffic
by voice, hand or signal in conformance with the traffic laws, provided
that, in the event of a fire or other emergency, or to expedite traffic
or to safeguard pedestrians, officers of the Police Department may
direct traffic as conditions may require, notwithstanding the provisions
of the traffic laws.
C.
Officers of the Fire & Rescue Department, when at the scene of
a fire, may direct or assist the police in directing traffic thereat
or in the immediate vicinity.
Every person propelling any pushcart or riding an animal upon
a roadway, and every person driving any animal-drawn vehicle, shall
be subject to the provisions of this chapter applicable to the driver
of any vehicle, except those provisions of this chapter which, by
their very nature, can have no application.
Whenever accidents become numerous at any particular location,
the Police Department shall conduct studies of such accidents and
determine remedial measures.
The driver of a vehicle involved in an accident resulting in
injuries to or the death of any person or property damage to the estimated
amount of $100 or more shall immediately by the quickest means of
communication give notice of such accident to the Police Department
if such accident occurs within the City.
It shall be unlawful for any person when given notice by any
police officer or other authorized person to appear to answer for
an offense against any provisions of this chapter to give other than
his true name and true place of his residence or address, upon the
request of such police officer or other authorized person.
No funeral procession or parade containing 100 or more persons
or 25 or more vehicles, except the forces of the United States Army
or Navy, the military forces of this state and the forces of the Police
and Fire & Rescue Departments, shall occupy, march or proceed
along any street except in accordance with a permit issued by the
Chief of Police and such other regulations as are set forth which
may apply.
No person riding upon any bicycle, coaster, roller skates, sled
or toy vehicle shall attach the same or himself to any vehicle upon
a roadway.
[Added 9-15-1980; amended 5-16-2022 by Ord. No. 2022-67]
B.
Hearing provided.
(1)
A person whose vehicle has been towed at the request or direction
of the City may request that a hearing be held to determine the validity
of the tow. The hearing will be held by the Mayor or his representative
within 72 hours of a request for said hearing.
(2)
The petitioner shall be given notice of the time and location of
the hearing and shall be allowed to present any evidence, testimony
or documentation in support of his or her position and shall have
the right to question any witnesses appearing in opposition to his
or her position. The hearing shall be conducted as informally as possible
consistent with due process.
(3)
The Mayor or his designated representative shall consider any relevant
evidence or testimony and may uphold the validity of the tow-way.
If the tow is not upheld, the City shall pay the full cost of the
tow and any accrued storage charges assessed by the tow operator up
to and including the day upon which the hearing is held.
C.
Appeal. Any person aggrieved by a decision of the Mayor or his designated
representative may appeal to the City Council, in writing, within
10 days of receipt of that decision in writing. The Council may uphold
or reverse the Mayor's or his representative's decision. If the decision
is reversed, the City shall pay the full towing fee and any accrued
storage charges up to and including the day upon which the hearing
before the Mayor or his representative was held.
[Added 4-7-1986]
Notwithstanding the other provisions of this chapter, the driver
of any vehicle involved in an accident resulting in property damage
shall be responsible, jointly and severally, for paying the actual
costs of major cleanup performed by City personnel during their normal
off-duty time.
