Except as otherwise provided in this article, every vehicle
stopped or parked upon a street where there are adjacent curbs shall
be so stopped or parked with the right-hand wheels of such vehicle
parallel to and within 12 inches of the right-hand curb.
A.
The Director of Public Services, under the direction of the Chief
of Police, shall mark or sign those streets where angle parking has
been permitted by the Council, but such angle parking shall not be
indicated upon any federal aid or state highway within the City unless
the State Department of Transportation has determined that the roadway
is of sufficient width to permit angle parking without interfering
with the free movement of traffic.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Angle parking shall not be indicated or permitted at any place where
passing traffic would thereby be caused or required to drive upon
the left side of the street.
On those streets which have been signed or marked by the Chief
of Police for angle parking, no person shall park or stand a vehicle
other than at the angle to the curb or edge of the roadway indicated
by such signs or markings.
A.
The Chief of Police is authorized to issue special permits to permit
the backing of a vehicle to the curb for the purpose of loading or
unloading merchandise or materials subject to the terms and conditions
of such permit. Such permits may be issued either to the owner or
lessee of real property or to the owner of the vehicle and shall grant
to such person the privilege as therein stated and authorized herein.
B.
It shall be unlawful for any permittee or other person to violate
any of the special terms or conditions of any such permit.
A.
Whenever a vehicle is lawfully parked upon a street or highway during
the hours between 1/2 hour after sunset and 1/2 hour before sunrise,
and in the event there is sufficient light to reveal any person or
object within a distance of 500 feet upon such street or highway,
no lights need be displayed upon such parked vehicle.
B.
Whenever a vehicle is parked or stopped upon a roadway or shoulder
adjacent thereto, whether attended or unattended, during the hours
between 1/2 hour after sunset and 1/2 hour before sunrise and there
is not sufficient light to reveal any person or object within a distance
of 500 feet upon such highway, such vehicle so parked or stopped shall
be equipped with one or more lamps meeting the following requirements:
At least one lamp shall display a white or amber light visible from
a distance of 500 feet to the front of the vehicle, and the same lamp
or at least one other lamp shall display a red light visible from
a distance of 500 feet to the rear of the vehicle, and the location
of such lamp or lamps shall always be such that at least one lamp
or combination of lamps meeting the requirements of this section is
installed as near as practicable to the side of the vehicle which
is closest to passing traffic. The foregoing provisions shall not
apply to a motor-driven cycle.
C.
Any lighted headlamps upon a parked vehicle shall be depressed or
dimmed.
[Amended 8-16-1965; 7-6-1982]
A.
Except when necessary to avoid conflict with other traffic, or in
compliance with law or the directions of a police officer or official
traffic control device, no person shall:
(1)
Stop, stand, or park a vehicle in the following places:
(a)
On the roadway side of any vehicle stopped or parked at the
edge or curb of a street.
(b)
On a sidewalk.
(c)
Within an intersection.
(d)
On a crosswalk, or within 20 feet of a crosswalk on Main Street
in the City Center District.
[Amended 10-7-2019 by Ord. No. 2019-164]
(e)
Between a safety zone and the adjacent curb or within 30 feet
of points on the curb immediately opposite the ends of a safety zone,
unless the Chief of Police indicates a different length by signs or
markings.
(f)
Alongside or opposite any street excavation or obstruction when
stopping, standing, or parking would obstruct traffic.
(g)
Upon any bridge or other elevated structure upon a highway or
within a highway tunnel.
(h)
On any railroad tracks.
(i)
At any place where official signs prohibit stopping.
(2)
Stand or park a vehicle, whether occupied or not, except momentarily
to pick up or discharge a passenger or passengers:
(a)
In front of a public or private driveway.
(b)
Within 15 feet of a fire hydrant.
(c)
Within 25 feet of the near corner of the curb at an intersection,
except where otherwise designated by the Chief of Police and the Public
Safety Committee of the Council.
(d)
Within 30 feet upon the approach of any flashing signal, stop
sign, or traffic control signal located at the side of a roadway.
(e)
Within 20 feet of the driveway entrance to any fire station
and on the side of a street opposite the entrance to any fire station
within 75 feet of such entrance when properly signposted.
(f)
At any place where official signs prohibit standing.
B.
No person shall move a vehicle not lawfully under his control into
any such prohibited area or away from a curb such a distance as is
unlawful.
C.
Any vehicle parked in a parking space designated as a handicapped parking space, that does not bear a special registration plate or placard issued under 29-A M.R.S.A. § 521, or similar plate issued by another state, shall be cited for a penalty in accordance with Chapter A401, Master Fine Schedule.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
[Amended 1-6-2020 by Ord.
No. 2019-195]
The prohibited parking and limited parking schedules are listed in Article VI of this chapter.
No person shall park any vehicle upon a street in such a manner
or under such conditions as to leave available less than 10 feet of
the width of the roadway for free movement of vehicular traffic.
No person shall park a vehicle within an alley in such a manner
or under such conditions as to leave available less than 10 feet of
the width of the street for the free movement of vehicular traffic,
and no person shall stop, stand or park a vehicle within an alley
in such position as to block the driveway entrance to any abutting
property.
No person shall park a vehicle upon any roadway for the principal
purpose of:
A.
Upon the passage of an ordinance prohibiting parking upon either
or both sides of any street adjacent to any school property, the Director
of Public Services under the direction of the Chief of Police shall
erect signs indicating such prohibition.
B.
When official signs are erected indicating no parking upon either
side of a street adjacent to any school property as authorized herein,
no person shall park a vehicle in any such designated place.
A.
The Director of Public Services under the direction of the Chief
of Police is hereby authorized to erect signs indicating no parking
upon any street when the width of the roadway does not exceed 20 feet,
or upon one side of a street indicated by such signs when the width
of the roadway does not exceed 30 feet.
B.
When official signs prohibiting parking are erected upon narrow streets
as authorized herein, no person shall park a vehicle upon any such
street in violation of any such sign.
The Director of Public Services under the direction of the Chief
of Police is authorized to erect signs upon the left-hand side of
any one-way street to prohibit the standing or parking of vehicles,
and when such signs are in place, no person shall stand or park a
vehicle upon such left-hand side in violation of any such sign.
[Amended 8-16-1965]
A.
The Chief of Police is hereby authorized to determine and designate
by proper signs places not exceeding 100 feet in length in which the
stopping, standing or parking of vehicles would create an especially
hazardous condition or would cause unusual delay to traffic.
B.
When official signs are erected at hazardous or congested places
as authorized herein, no person shall stop, stand or park a vehicle
in any such designated place.
No person shall stop or park a vehicle for any purpose or period
of time other than for the expeditious loading or unloading of passengers
in any place marked as a passenger curb loading zone during hours
when the regulations applicable to such curb loading zone are effective,
and then only for a period not to exceed three minutes.
No person shall stop, stand, or park a vehicle for any purpose
or length of time other than for the expeditious unloading and delivery
or pickup and loading of materials in any place marked as a freight
curb loading zone during hours when the provisions applicable to such
zones are in effect. In no case shall the stop for loading and unloading
of materials exceed 30 minutes.
[Amended 1-6-2020 by Ord.
No. 2019-195]
[1]
Editor's Note: Original Sec. 31-102, Council to designate
public carrier stops, stands; signs required, and Sec. 31-103, Schedule
of bus stops, taxi zones, which immediately followed this section,
were repealed 1-6-2020 by Ord. No. 2019-195.
A.
The operator of a bus shall not stand or park such vehicle upon any
street or at any place other than a bus stand so designated as provided
herein.
B.
The operator of a bus shall not stop such vehicle upon any street
at any place for the purpose of loading or unloading passengers or
their baggage other than at a bus stop, bus stand or passenger loading
zone so designated as provided herein, except in case of an emergency.
C.
The operator of a bus shall enter a bus stop, bus stand or passenger
loading zone on a public street in such a manner that the bus when
stopped to load or unload passengers or baggage shall be in a position
with the right front wheel of such vehicle not further than 18 inches
from the curb and the bus approximately parallel to the curb so as
not to unduly impede the movement of other vehicular traffic.
D.
The operator of a taxicab shall not stand or park such vehicle upon
any street at any place other than in a taxicab stand so designated
as provided herein. This provision shall not prevent the operator
of a taxicab from temporarily stopping in accordance with other stopping
or parking regulations at any place for the purpose of and while actually
engaged in the expeditious loading or unloading of passengers.
No person shall stop, stand or park a vehicle other than a bus
in a bus stop or other than a hackney in a hackney stand, or other
than a taxicab in a taxicab stand when any such stop or stand has
been officially designated and appropriately signed, except that the
driver of a passenger vehicle may temporarily stop therein for the
purpose of and while actually engaged in loading or unloading passengers
when such stopping does not interfere with any bus, hackney or taxicab
waiting to enter or about to enter such zone.
A.
The provisions of this section prohibiting the standing or parking
shall apply at all times or at those times specified by ordinance
or as indicated on official signs except when it is necessary to stop
a vehicle to avoid conflict with other traffic or in compliance with
the directions of a police officer or official traffic control devices.
B.
When signs are erected giving notice thereof, no person shall park
a vehicle upon those streets or between those hours designated by
City ordinance.
C.
When signs are erected in each location giving notice thereof, no
person shall stop, stand or park a vehicle within the City between
those hours specified by ordinance of any day except Sundays and public
holidays.
D.
Department heads of the various departments and quasi-municipal departments
may submit to the Council restrictions on parking and operation of
vehicles on property under their control, and when approved by the
Council they shall be enforced when proper signs are posted. Those
restrictions on vehicle movement and parking shall be established
by ordinance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Whenever by this or any other ordinance of this City any parking
time limit is imposed or parking is prohibited on designated streets,
it shall be the duty of the Director of Public Services under the
direction of the Chief of Police to erect appropriate signs giving
notice thereof, and no such regulations shall be effective unless
such signs are erected and in place at the time of any alleged offense.
F.
When a vehicle is unlawfully parked, it shall be prima facie evidence
of the unlawful parking of such vehicle by the person in whose name
such vehicle is registered.
[Amended 1-6-2020 by Ord.
No. 2019-195]
The schedule of restricted and prohibited parking on publicly owned property is listed in Article VI of this chapter.
[Amended 1-21-1985; 2-4-1991; 5-16-2022 by Ord. No. 2022-67]
A.
Parking vehicles upon any street in the City between the hours of
12:00 a.m. and 6:00 a.m. each day during the period commencing November
15 of each year and ending April 15 of the following year.
B.
The Public Services Director shall declare a snowstorm emergency.
During snowstorm emergencies, all on-street parking shall be prohibited.
The City shall make reasonable efforts to publicize such an emergency.
C.
If a vehicle parked in violation of this section is obstructing snow
removal, it will be hauled away at the owner's expense.
D.
It shall be unlawful for any person to cause, allow, permit or suffer
any vehicle registered in the name of or operated by such person to
be parked as prohibited by this section.
E.
The fact that a vehicle is parked in violation of the provisions
of this section shall be prima facie evidence of the unlawful parking
of such vehicle by the registered owner thereof.
A.
No person shall abandon any vehicle of any kind on any street of
the City.
B.
The Chief of Police is hereby authorized to remove at the owner's
expense any such abandoned vehicle from any street and to store such
vehicle at the owner's expense. For the purpose of this chapter, a
vehicle shall be deemed abandoned after it has been parked on any
street in Westbrook for a period of over 24 hours.
No person shall open the door of a motor vehicle on the side
available to moving traffic unless and until it is reasonably safe
to do so, nor shall any person leave a door open on the side of a
motor vehicle available to moving traffic for a period of time longer
than necessary to load or unload passengers.
[Added 5-1-1978; amended 6-7-1982; 3-3-1986; 9-25-1995; 4-13-1998; at time of adoption of Code
(see Ch. 1, General Provisions, Art. II)]
The schedule of fines for parking violations is set forth in Chapter A401, Master Fine Schedule.
A.
Any person violating any parking provision of this chapter shall be subject to the general penalty provisions in § 310-3; however; such person may elect, in lieu of such penalty, to pay the sum for each type of parking violation referred to in § 310-90. Such payment shall in no event be construed to be an amount which an offender may voluntarily contribute towards the cost and expense alternative method of regulating and administering traffic law violations.
The Chief of Police is authorized to waive payment on any parking
violation ticket issued to a nonresident when, in the opinion of the
Chief, such violation is due to lack of knowledge of such violated
provision of this chapter; provided, however, that this benefit shall
not be extended to any violation deemed by the Chief to be deliberate,
continued or flagrant, and provided that in no event shall this benefit
extend a violation of the provision prohibiting parking in violation
of a fire hydrant area.
[Added 12-16-1974]
A.
No commercial vehicle in excess of 10,000 pounds gross weight shall
be allowed to stop, stand or otherwise park upon any street in excess
of two hours, except when in active use for the loading or unloading
of merchandise or materials, or for the construction or reconstruction
of said street.
B.
The fact that such a commercial vehicle is parked in violation of
the provisions of this section shall be prima facie evidence of the
unlawful parking of such vehicle by the registered owner thereof.
[Added 7-12-1982]
A.
Established. Fire lanes are established for the purpose of promoting
the public health, safety, and welfare by recognizing that there exist
and will in the future exist buildings and other areas within the
City within which and to which the public will be invited, served
or housed. These buildings or other areas must be provided prompt
adequate emergency services, including access by firefighters and
firefighting equipment and other emergency personnel and equipment,
in order to accomplish said purposes and effect the saving of life
and property in emergency situations.
B.
FIRE LANE
PARKING AREA
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A designated unobstructed passageway at least 20 feet in
width with an outside turning radius of 50 feet and constructed and
maintained in a manner to permit free passage of fire apparatus and
other emergency equipment and personnel from a public way to all necessary
areas, regardless of season of year or weather conditions, around
buildings, in areas or in developments or subdivisions as may be required
elsewhere in this section.
Lots, areas or other accommodations for the parking of motor
vehicles off the street, alley or other way, which said lots, areas
or other accommodations are available for use by the public either
with or without charge.
C.
Applicability. The provisions of this section shall, in order to
accomplish the stated purpose, be applicable to all proposed and existing
developments, subdivisions, buildings and other premises which are
included within the following:
(3)
Any nonresidential development not requiring subdivision approval or site plan review under Chapter 335, Land Use;
(4)
All schools, whether public or private;
(5)
Hospitals;
(6)
Convalescent homes, rest homes and/or nursing homes;
(7)
In addition to the foregoing, all other places of public assembly
used for gathering together 50 or more persons.
D.
Location.
(1)
Each application for residential or nonresidential subdivision approval
and each application for site plan review submitted to the Planning
Board shall be reviewed by the chief of the Fire & Rescue Department.
The Fire Chief shall review each such application to determine the
location of such fire lanes as are necessary under this section and
report his findings, recommendations and suggested designations of
fire lanes to the Planning Board, in writing, which findings, recommendations
and suggested designations of fire lanes shall be made a part of the
record of proceedings before the Planning Board on each such subdivision
or site plan review application. In such cases, the decision of the
Planning Board shall govern the requirements and designation of said
fire lanes.
(2)
In any application for a building permit, occupancy or change of use permit not requiring subdivision or site plan review and approval but otherwise included within Subsection C above, the Building Inspector shall notify the Fire Chief of the application for permit and the Fire Chief shall designate directly to the owner, owners or agent of the premises for which permit application is made the location of required fire lanes.
(3)
Within existing developments and premises to which this section is
applicable, the Fire Chief shall designate fire lanes by written order
and shall notify, in writing, both the Planning Board and the owner,
owners or agents of such development or premises by certified mail
of such designation and of any specific requirements for compliance
with this section and shall publish notice of such establishment of
such fire lanes once in a newspaper having general circulation within
the City. The Fire Chief shall file one copy of any order of designation
of any such fire lanes with the City Clerk. Any person aggrieved by
such order may file with the Clerk, within 15 days after the date
of the receipt of such order, written notice of appeal, setting forth
therein reasons for aggrievement. A public hearing shall be held by
the municipal officers, after which they may affirm, modify or rescind
such order within 30 days of the public hearing. They shall notify
the Fire Chief, as may be applicable, by written communication of
any and all action taken relative to the establishment of a fire lane.
E.
Maintenance and identification.
(1)
Fire lanes established under this section shall be kept free of ice and snow and rubbish containers or other obstructions. The owner, owners, agent or occupant of any premises to which this section is applicable shall cause to be erected, installed and maintained at their own expense permanent, adequate signs bearing the words "fire lane — no parking — vehicles will be towed at owner's expense" in or adjacent to said fire lane. Such owner, owners, agents or occupants shall cause such other and further designations as are reasonably required by the Fire Chief to warn persons to keep said fire lanes unobstructed. Failure to maintain a fire lane in accordance with this section shall render the owner, owners, agent or occupant of said development liable to a fine in accordance with § 310-3 of this chapter, with each continuing day of such violation constituting a separate offense.
(2)
Notice of establishment of fire lanes shall prescribe a reasonable time for compliance. If compliance is not obtained within said time, then such owner, owners or agents shall be subject to a fine in accordance with § 310-3 of this chapter. Each day following such specified time for compliance shall constitute a new and separate violation.
F.
Parking prohibited.
(1)
No person shall park or permit to stand a motor vehicle in any fire
lane established in accordance with this section except when actually
picking up or discharging passengers or actively engaged in loading
or unloading a motor vehicle.
(2)
Whenever any vehicle shall be found parked in violation of the regulations as established above, any police officer may attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of the regulations. Such owner or operator shall pay to the City the sum set forth in Chapter A401, Master Fine Schedule, payment of which shall be due within five business days of the issuance of the notice of said violation. Payment as stated above to the designated authority as stated on said parking violation notice shall be in lieu of a court appearance. The registered owner of said motor vehicle shall be presumed to be the operator of such vehicle. Any motor vehicle found parked or standing in a fire lane that has been established in accordance with this section, in addition to the foregoing, may be towed upon the direction of a police officer to any public or private parking facility, and all expense of such towing and any subsequent storage shall be borne by the registered owner or operator of such vehicle, in accordance with procedure set forth in § 310-15 of this chapter.
