Town of Kennebunkport, ME Right-of-Way and Road Infringement

As used in this article, the following terms shall have the meanings indicated:

Any item whether animate or inanimate.

Any board, poster or placard displayed to convey information or direction, whether permanent or temporary, printed or handwritten, or any other usage customarily associated with the word "sign."

§ 147-35 Conduct prohibited.

No person shall place or erect any object in or on any Town right-of-way or road without first consulting with the Chief of Police and Director of Public Works or their designees to get their recommendation, and then appearing before the Board of Selectmen of the Town of Kennebunkport to get that Board's approval. This section shall not be interpreted to prohibit placement of temporary signs in the public right-of-way.

[Amended 6-14-2022]

Any person found to be in violation of this section will be given 24 hours to remove the sign or object. If the sign or object is not removed within 24 hours, then the Public Works Department will remove the sign or object, and the owner of the sign or object shall pay all costs of removal.

§ 147-36 Enforcement.

The Chief of Police or any of his designated officers will enforce this article. Any officer who observes a violation of this article may summons that individual to the District Court. Any officer who receives a complaint of a violation of this article from a citizen may, after investigation of the complaint and determining that sufficient evidence exists to conclude that a violation of the article occurred, summons the offender to the District Court.

§ 147-37 Violations and penalties.

Any person adjudicated in violation of this article shall be liable for a civil penalty.

[Amended 11-3-2020]

(1)

First offense: fine of $100.

(2)

Second offense: fine of $500.

(3)

Third and subsequent offenses: $1,000.

Any second or subsequent offender of this article who is summonsed for violation may waive all court action by payment of the civil penalty to the Town within 10 days of the date of the summons. Notwithstanding anything in this article to the contrary, the Town reserves the right to seek a restraining order, with respect to any second or subsequent offenders, to prohibit further violations of this article.

If the penalty is not paid and/or if court action ensues, the offender shall be liable for any and all costs incurred by the Town in enforcing this article, including but not limited to removal of the sign or object, court filing fees and the cost of legal counsel.

§ 147-38 Penalties accrue to Town.

All civil penalties collected under this article shall accrue to the Town of Kennebunkport.

§ 147-39 Severability.

The invalidity of any section or provision of this article shall not affect the validity of any other section or provision of this article.

§ 147-40 Authority.

This article is enacted pursuant to 30-A M.R.S.A. § 3009 and any amendments thereto, pursuant to 23 M.R.S.A. § 2701 and any amendments thereto, and pursuant to § 5-2 and Article VI of Chapter 5, Administrative Code, and any amendments thereto.

§ 147-41 When effective.

This article shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.