The Director of Public Services under the direction of the Chief
of Police shall place and maintain traffic control signs, signals
and devices when and as required under the traffic ordinances of the
City to make effective the provisions of such ordinances, and may
place and maintain such additional traffic control devices as he may
deem necessary to regulate traffic under the traffic ordinances of
the City or under state law or to guide or warn traffic.
All traffic control signs, signals and devices shall conform
to the specifications approved by the resolutions adopted by the legislative
body of the City. All signs and signals required hereunder for a particular
purpose shall, so far as practicable, be uniform as to type and location
throughout the City. All traffic control devices so erected and not
inconsistent with the provisions of state law or this chapter shall
be official traffic control devices.
The driver of any vehicle shall obey the instructions of any
official traffic control device applicable thereto placed in accordance
with the provisions of this chapter, unless otherwise directed by
a traffic or police officer, subject to the exceptions granted the
driver of an authorized emergency vehicle in this chapter.
No provision of this chapter for which official traffic control
devices are required shall be enforced against an alleged violator
if at the time and place of the alleged violation an official device
is not in proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does not
state that official traffic control devices are required, such section
shall be effective even though no devices are erected or in place.
A.
Whenever official traffic control devices are placed in position,
approximately conforming with the requirements of this chapter, such
devices shall be presumed to have been so placed by the official act
or direction of lawful authority, unless the contrary shall be established
by competent evidence.
B.
Any official traffic control device placed pursuant to the provisions
of this chapter and purporting to conform to the lawful requirements
pertaining to such devices, shall be presumed to comply with the requirements
of this chapter, unless the contrary shall be established by competent
evidence.[1]
[1]
Editor's Note: Original Sec. 31-20, Schedule of traffic control
light devices, which immediately followed this section, was repealed
1-6-2020 by Ord. No. 2019-195.
Whenever traffic is controlled by traffic control signals exhibiting
different colored lights, or colored lighted arrows, successively
one at the time or in combination, only the colors green, red and
yellow shall be used, except for special pedestrian signals carrying
a word legend, and such lights shall indicate and apply to drivers
of vehicles and pedestrians as follows:
A.
Green indication.
(1)
Vehicular traffic facing a circular green signal may proceed straight
through or turn right or left unless a sign at such place prohibits
either such turn, but vehicular traffic, including vehicles turning
right or left, shall yield the right-of-way to other vehicles and
to pedestrians lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
(2)
Vehicular traffic facing a green arrow signal, shown alone or in
combination with another indication, may cautiously enter the intersection
only to make the movement indicated by such arrow, or such other movement
as is permitted by other indications shown at the same time. Such
vehicular traffic shall yield the right-of-way to pedestrians lawfully
within the adjacent crosswalk and to other traffic lawfully using
the intersection.
B.
Steady yellow indication.
(1)
Vehicular traffic facing a steady yellow signal is thereby warned
that the related green movement is being terminated or that a red
indication will be exhibited immediately thereafter when vehicular
traffic shall not enter the intersection.
C.
Steady red indication.
(1)
Vehicular traffic facing a steady red signal alone shall stop before
entering the crosswalk on the near side of the intersection or, if
none, then before entering the intersection and shall remain standing
until a green indication is shown.
D.
At other than intersections; where stop made. In the event an official
traffic control signal is erected and maintained at a place other
than an intersection, the provisions of this section shall be applicable
except as to those provisions which, by their nature, can have no
application. Any stop required shall be made at a sign or marking
on the pavement indicating where the stop shall be made, but in the
absence of any such sign or marking, the stop shall be made at the
signal.
Whenever special pedestrian control signals exhibiting the words
"Walk" or "Don't Walk" are in place, such signals shall indicate as
follows:
A.
Walk. Pedestrians facing such signals may proceed across the roadway
in the direction of the signal and shall be given the right-of-way
by the drivers of all vehicles.
B.
Don't walk. No pedestrian shall start to cross the roadway in the
direction of such signal, but any pedestrian who has partially completed
his crossing on the walk signal shall proceed to a sidewalk or safety
island while the "Don't Walk" signal is showing.
A.
Whenever an illuminated flashing red or yellow signal is used in
a traffic sign or signal, it shall require obedience by vehicular
traffic as follows:
(1)
Flashing red (stop signal). When a red lens is illuminated with rapid
intermittent flashes, drivers of vehicles shall stop before entering
the nearest crosswalk at an intersection or at a limit line when marked
or, if none, then before entering the intersection, and the right
to proceed shall be subject to the rules applicable after making a
stop at a stop sign.
(2)
Flashing yellow (caution signal). When a yellow lens is illuminated
with rapid intermittent flashes, drivers of vehicles may proceed through
the intersection or past such signal only with caution.
When lane direction control signals are placed over the individual
lanes of a street, vehicular traffic may travel in any lane over which
a green signal is shown, but shall not enter or travel in any lane
over which a red signal is shown.
[Amended 12-1-1986]
A.
No person shall place, maintain or display upon or in view of any
street an unauthorized sign, signal, marking or device which purports
to be, or is an imitation of, or resembles an official traffic control
device or railroad sign or signal, or which attempts to direct the
movement of traffic, or which hides from view or interferes with the
effectiveness of any official traffic control device or any railroad
sign or signal.
B.
No person shall place or maintain nor shall any public authority
permit upon any street any traffic sign or signal bearing thereon
any commercial advertising.
C.
Every such prohibited sign, signal or marking is hereby declared
to be a public nuisance and the authority having jurisdiction over
the street is hereby empowered to remove the same or cause it to be
removed without notice.
No person shall, without lawful authority, attempt to or in
fact alter, deface, injure, knock down or remove any official traffic
control device or any railroad sign or signal or any inscription,
shield or insignia thereon, or any other part thereof.
No person shall ride or drive at an unusual or immoderate rate
of speed through any of the principal streets of the City, whereby
any person may be endangered or unreasonably inconvenienced.[2]
[1]
Editor's Note: This section derives from Ch. XVI, § 3,
of the 1942 Code.
[2]
Editor's Note: Original Sec. 31-38, Schedule of speed regulations,
which immediately followed this section, was repealed 1-6-2020 by
Ord. No. 2019-195. The section was previously amended 6-10-1969, 12-21-1987,
6-20-1988, 1-23-1989 and 8-7-1989.
[Amended 8-16-1965]
The Chief of Police, with the approval of the Public Safety
Committee of the Council, shall have the authority to temporarily
declare any street or part thereof as a play street and to place appropriate
signs or devices in the roadway indicating and helping to protect
the same.
Whenever authorized signs are erected indicating any street
or part thereof as a play street, no person shall drive a vehicle
upon any such street or portion thereof, except drivers of vehicles
having business or whose residences are within such closed area, and
then any such driver shall exercise the greatest care in driving upon
any such street or portion thereof.
The Chief of Police, with the approval of the Public Safety
Committee of the Council, is hereby authorized to do the following:
A.
Designate and maintain, by appropriate devices, marks or lines upon
the surface of the streets, crosswalks at intersections where in his
opinion there is particular danger to pedestrians crossing the roadway,
and at such other places as he may deem necessary.
B.
Establish safety zones of such kind and character and at such places
as he may deem necessary for the protection of pedestrians.
A.
The Director of Public Services under the direction of the Chief
of Police is hereby authorized to mark traffic lanes upon the roadway
of any street or highway where a regular alignment of traffic is necessary.
B.
Where such traffic lanes have been marked, it shall be unlawful for
the operator of any vehicle to fail or refuse to keep such vehicle
within the boundaries of any such lane except when lawfully passing
another vehicle or preparatory to making a lawful turning movement.
A.
In the event of an emergency requiring one-way traffic for the avoidance
of traffic congestion which would be prejudicial to the health, safety
and welfare of the inhabitants of the City or property located therein,
the Chief of Police shall have the authority to designate streets
or parts thereof as subject only to one-way traffic. Such designation
shall be effective only if suitable signs are conspicuously placed
on or about the entrances to and exits from such designated areas,
and such designation and signs shall be removed at the termination
of such emergency.
B.
In addition to emergency conditions, the following occasions shall
be proper ones for application of the above power to designate temporary
one-way traffic in areas affected by such occasions, such designations
and signs to be removed after such conditions cease to exist:
[Amended 1-6-2020 by Ord.
No. 2019-195]
The schedule of one-way streets is listed in Article VI of this chapter.
Whenever any ordinance of this City designates any one-way street
or alley, the Director of Public Services under the direction of the
Chief of Police shall place and maintain signs giving notice thereof,
and no such regulation shall be effective unless such signs are in
place. Signs indicating the direction of lawful traffic movement shall
be placed at every intersection where movement of traffic in the opposite
direction is prohibited.
Upon those streets and parts of streets and in those alleys
specified by the City, vehicular traffic shall move only in the indicated
direction when signs indicating the direction of traffic are erected
and maintained at every intersection where movement in the opposite
direction is prohibited.
A.
The Chief of Police is hereby authorized to determine and designate
streets, parts of streets or specific lanes thereon upon which vehicular
traffic shall proceed in one direction during one period and the opposite
direction during another period of the day and shall place and maintain
appropriate markings, signs, barriers or other devices to give notice
thereof. The chief may erect signs temporarily designating lanes to
be used by traffic moving in a particular direction, regardless of
the center line of the roadway.
B.
It shall be unlawful for any person to operate any vehicle in violation
of such markings, signs, barriers or other devices so placed in accordance
with this section.
Whenever any ordinance of this City designates and describes
a through street, it shall be the duty of the Director of Public Services
under the direction of the Chief of Police to place and maintain a
stop sign, or on the basis of an engineering and traffic investigation
at any intersection a yield sign, on each and every street intersecting
such through street unless traffic at any such intersection is controlled
at all times by traffic control signals; provided, however, that at
the intersection of two such through streets or at the intersection
of a through street and a heavy traffic street not so designated,
stop signs shall be erected at the approaches of either of such streets
as may be determined by the Chief of Police upon the basis of an engineering
and traffic study and upon the approval of the Public Safety Committee
of the Council.[1]
[1]
Editor's Note: Original § 31-49, Schedules of stop,
yield signs, which immediately followed this section, was repealed
1-6-2020 by Ord. No. 2019-195.
A.
The driver of a vehicle approaching a yield sign, if required for
safety to stop, shall stop before entering the crosswalk on the near
side of the intersection or, in the event there is no crosswalk, at
a clearly marked stop line, but if none, then at the point nearest
the intersecting roadway where the driver has a view of approaching
traffic on the intersecting roadway.
B.
Except when directed to proceed by a police officer or traffic control
signal, every driver of a vehicle approaching a stop intersection
indicated by a stop sign shall stop before entering the crosswalk
on the near side of the intersection or, in the event there is no
crosswalk, shall stop at a clearly marked stop line, but if none,
then at the point nearest the intersecting roadway where the driver
has a view of approaching traffic on the intersecting roadway before
entering the intersection.
Except when directed to proceed by a police officer or a traffic control signal, every driver of a vehicle approaching a stop intersection indicated by a stop sign shall stop as required by § 310-39 and after having stopped shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on such highway as to constitute an immediate hazard during the time when such driver is moving across or within the intersection.
The driver of a vehicle approaching a yield sign shall, in obedience
to such sign, slow down to a speed reasonable for the existing conditions
and shall yield the right-of-way to any vehicle in the intersection
or approaching on another highway so closely as to constitute an immediate
hazard during the time such driver is moving across or within the
intersection; provided, however, that if such a driver is involved
in a collision with a vehicle in the intersection, after driving past
a yield sign without stopping, such collision shall be deemed prima
facie evidence of his failure to yield right-of-way.
The driver of a vehicle within a business or residence district
emerging from an alley, driveway or building shall stop such vehicle
immediately prior to driving onto a sidewalk or onto the sidewalk
area extending across any alleyway or driveway, and shall yield the
right-of-way to any pedestrian as may be necessary to avoid collision
and upon entering the roadway shall yield the right-of-way to all
vehicles approaching on such roadway.
A.
Whenever any person driving a vehicle approaches a railroad grade
crossing under any of the circumstances stated in this section, the
driver of such vehicle shall stop within 50 feet but not less than
15 feet from the nearest rail of such railroad and shall not proceed
until he can do so safely. The foregoing requirements shall apply
when:
(1)
A clearly visible electric or mechanical signal device gives warning
of the immediate approach of a railroad train.
(2)
A crossing gate is lowered or when a human flagman gives or continues
to give a signal of the approach or passage of a railroad train.
(3)
A railroad train approaching within approximately 1,500 feet of the
highway crossing emits a signal audible from such distance and such
railroad train, by reason of its speed or nearness of such crossing,
is an immediate hazard.
(4)
An approaching railroad train is plainly visible and is in hazardous
proximity to such crossing.
B.
No person shall drive any vehicle through, around or under any crossing
gate or barrier at a railroad crossing while such gate or barrier
is closed or is being opened or closed.
A.
The Director of Public Services under the direction of the Chief
of Police is authorized to place markers, buttons, or signs within
or adjacent to intersections indicating the course to be traveled
by vehicles turning at such intersections, and such course to be traveled
as so indicated may conform to or be other than as prescribed by law
or ordinance.
B.
When authorized markers, buttons or other indications are placed
within an intersection, indicating the course to be traveled by vehicles
turning thereat, no driver of a vehicle shall disobey the directions
of such indications.
After the Council has determined those intersections at which
drivers of vehicles shall not make a right, left or U-turn, the Director
of Public Services under the direction of the Chief of Police shall
place proper signs at such intersections. The making of such turns
may be prohibited between certain hours of any day and permitted at
other hours, in which event the same shall be plainly indicated on
the signs, or they may be removed when such turns are permitted.
[Amended 1-6-2020 by Ord.
No. 2019-195]
The schedule of turns that are prohibited and limited is listed in Article VI of this chapter.
Whenever authorized signs are erected indicating that no right,
left or U-turn is permitted, no driver of a vehicle shall disobey
the directions of any such sign.
The driver of a vehicle intending to turn at an intersection
shall do as follows:
A.
Right turns. Both the approach for a right turn and a right turn
shall be made as close as practicable to the right-hand curb or edge
of the roadway.
B.
Left turns on two-way roadways. At any intersection where traffic
is permitted to move in both directions on each roadway entering the
intersection, an approach for a left turn shall be made in that portion
of the right half of the roadway nearest the center line thereof and
by passing to the right of such center line where it enters the intersection,
and after entering the intersection the left turn shall be made so
as to leave the intersection to the right of the center line of the
roadway being entered. Whenever practicable, the left turn shall be
made in that portion of the intersection to the left of the center
of the intersection.
C.
Left turns on other than two-way roadways. At any intersection where
traffic is restricted to one direction on one or more of the roadways,
the driver of a vehicle intending to turn left at any such intersection
shall approach the intersection in the extreme left-hand lane lawfully
available to traffic moving in the direction of travel of such vehicle,
and after entering the intersection the left turn shall be made so
as to leave the intersection as nearly as practicable in the left-hand
lane lawfully available to traffic moving in such direction upon the
roadway being entered.
The driver of any vehicle shall not turn such vehicle so as
to proceed in the opposite direction upon any street in a business
district and shall not upon any other street so turn a vehicle unless
such movement can he made in safety and without interfering with other
traffic.
No driver shall enter an intersection or a marked crosswalk
unless there is sufficient space on the other side of the intersection
or crosswalk to accommodate the vehicle he is operating without obstructing
the passage of other vehicles or pedestrians, notwithstanding any
traffic control signal indication to proceed.
No person shall drive a vehicle onto or from any controlled-access
roadway except at such entrances and exits as are established by public
authority.
The driver of a vehicle shall not drive within any sidewalk
area, except at a permanent or temporary driveway.
The driver of a vehicle shall not back such vehicle unless such
movement can be made with reasonable safety and without interfering
with other traffic.
A.
The driver of an authorized emergency vehicle, when responding to
an emergency call, or when in the pursuit of an actual or suspected
violator of the law, or when responding to, but not upon returning
from, a fire alarm, may exercise the privileges set forth in this
section, but subject to the conditions herein stated.
B.
The driver on an authorized emergency vehicle may:
(1)
Park or stand, irrespective of the provisions of this chapter.
(2)
Proceed past a red or stop signal or stop sign, but only after slowing
down as may be necessary for safe operation.
(3)
Exceed the maximum speed limits so long as he does not endanger life
or property.
(4)
Disregard regulations governing direction of movement or turning
in specified directions.
C.
The exemptions herein granted to an authorized emergency vehicle
shall apply only when the driver of any such vehicle while in motion
sounds an audible signal by bell, siren or exhaust whistle as may
be reasonably necessary, and when the vehicle is equipped with at
least one lighted lamp displaying a blue light visible under normal
atmospheric conditions from a distance of 500 feet to the front of
such vehicle, except that an authorized emergency vehicle operated
as a police vehicle need not be equipped with or display a blue light
visible from in front or the vehicle.
D.
The foregoing provisions shall not relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons, nor shall such provisions protect the driver from
the consequence of his reckless disregard of the safety or others.
A.
Upon the immediate approach of an authorized emergency vehicle making
use of audible and visual signals meeting the requirements of the
laws of this state, or of a police vehicle properly and lawfully making
use of an audible signal, the following shall apply: the driver of
every other vehicle shall yield the right-of-way and shall immediately
drive to a position parallel to, and as close as possible to, the
right-hand edge or curb of the street clear of any intersection and
shall stop and remain in such position until the authorized emergency
vehicle has passed, except when otherwise directed by a police officer.
B.
This section shall not operate to relieve the driver of an authorized
emergency vehicle from the duty to drive with due regard for the safety
of all persons using the highway.
The driver of any vehicle other than one on official business
shall not follow any fire apparatus traveling in response to a fire
alarm closer than 500 feet or drive into or park such vehicle within
the block where such fire apparatus has stopped in answer to a fire
alarm.
No vehicle shall be driven over any unprotected hose of the
Fire & Rescue Department when laid down on any street, private
way or track, to be used at any fire or alarm of fire, without the
consent of the Fire & Rescue Department official in command.
No driver of a vehicle shall drive between the vehicles comprising
a funeral or other authorized procession while they are in motion
and when such vehicles are conspicuously designated as required in
this chapter. This provision shall not apply at intersections where
traffic is controlled by traffic control signals or police officers.
Each driver in a funeral or other procession shall drive as
near to the right-hand edge of the street as practicable and shall
follow the vehicle ahead as close as is practicable and safe.
A funeral composed of a procession of vehicles shall be identified
as such by the display upon the outside of each vehicle of a pennant
or other identifying insignia or by such method as may be determined
and designated by the Police Department.
[Amended 1-6-2020 by Ord.
No. 2019-195]
When signs are erected giving notice thereof, no person shall operate at any time any commercial vehicle upon any of the streets or parts of streets described in the appropriate schedule listed in Article VI of this chapter, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise, and then only by entering such street at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter.
No person upon roller skates, or riding in or by means of any
coaster, toy vehicle or similar device, shall go upon any roadway
except while crossing a street on a crosswalk, and when so crossing,
such person shall be granted all of the rights and shall be subject
to all of the duties applicable to pedestrians. This section shall
not apply upon any street while set aside as a play street.
A person operating a motorcycle shall ride only upon the permanent
and regular seat attached thereto, and such operator shall not carry
any other person nor shall any other person ride on a motorcycle unless
such motorcycle is designed to carry more than one person, in which
event a passenger may ride upon the permanent and regular seat if
designed for two persons, or upon another seat attached to the rear
or side of the operator.
A.
It shall be unlawful to operate a "motorized scooter" or "toy vehicle" (defined to mean a mechanical conveyance that is ineligible to be registered as a motor vehicle for highway use, that an operator can stand or sit upon or in, to include motorized scooters, motorized skateboards, go-karts, minibikes and pocket motorcycles) on a public way, sidewalk or boardwalk within the City. Anyone operating in violation of this section commits a traffic infraction covered by the penalty provisions set forth in § 310-3.
B.
Any police officer or other duly authorized law enforcement officer within the City, when satisfied that a person under the age of 18 had operated any motorized scooter, motorized skateboard or toy vehicle in violation of this section, may impound the vehicle for a period not to exceed five days. The release of said conveyance shall be to the violator's parent or legal guardian. Any individual 18 years or older who violates this section commits a traffic infraction covered by the penalty set forth in § 310-3.
[Added 11-3-2008]
A.
No person riding upon a skateboard in a public place shall travel
within 100 feet of a notice posted conspicuously in the public place
that forbids the use of skateboards. Persons found in violation of
this section shall be subject to the penalty provisions set forth
below.
B.
No person may ride upon a skateboard, roller skates, or in-line roller
blades in or on any municipally owned or controlled property, including
parking lots, posted conspicuously to prohibit such riding.
C.
No person riding upon a skateboard, roller skates, or in-line roller
blades shall ride on or upon any public way in such a manner as to
interfere with any pedestrian thereon.
D.
A person riding upon a skateboard, roller skates, or in-line roller
blades shall observe all traffic vehicular signs, stop at all stop
signs, and observe all traffic rules and regulations applicable thereto
and cross the street only when safe to do so, without interference
with the normal flow of vehicular traffic.
E.
All persons riding upon a skateboard, roller skates, or in-line roller
blades on a public roadway shall ride single file.
F.
No person riding upon a skateboard, roller skates, or in-line roller
blades may attach the same or himself/herself to any vehicle upon
a public way.
G.
Penalties.
(1)
Persons 17 years or older. A person who is 17 years of age or older and commits a violation of this section may be issued a civil summons that will order the violator to appear at Maine District Court. If found to have violated this section, the violator will be fined as set forth in Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
Persons under 17 years. A person who is under 17 years of age and
commits a violation of this section shall, on the first offense, be
given a warning, unless the area is posted conspicuously prohibiting
such conduct; on a first offense, where the area is posted conspicuously
to forbid the use of skateboards, roller blades, in-line skates, or
any other similar device, a police officer may impound the skateboard,
roller blades, in-line skates or other similar device for a period
of three days. On a second or subsequent offense, the skateboard,
roller blades, in-line skates or other similar device shall be impounded
for five days, and 10 days for any subsequent offense. A juvenile
who is charged with a violation of this section may request a hearing
with the Police Department's juvenile officer. Such hearing shall
be scheduled for the juvenile officer's next working day.
