[HISTORY: Adopted by the Town of Kennebunkport as indicated
in article histories. Amendments noted where applicable.]
[Adopted 3-10-1984; amended 6-8-2004]
[Amended 11-3-2020]
Pursuant to 30-A M.R.S.A. § 3001 and other applicable
sources of authority, the inhabitants of Kennebunkport, having determined
that the operation of a shuttle and parking system is a public purpose
and having determined that such a system is needed in the Dock Square
area of Kennebunkport to relieve problems of inadequate parking and
traffic congestion and for the convenience and well-being of the inhabitants
of the Town of Kennebunkport, enact this article, to be known as the
"Dock Square Shuttle and Parking Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The existing municipal parking lot in the vicinity of Dock
Square in Kennebunkport, such public ways or public parking areas
as may be designated by the municipal officers as constituting part
of the system from which fees or charges may be collected for the
parking of vehicles, such other parking areas located outside the
Dock Square area as may be designated by the Selectmen and such other
real estate, interests in real estate, structures, vehicles, improvements,
accessories, and facilities deemed necessary or convenient by the
municipal officers for the creation, operation, and management of
the system.
The Town of Kennebunkport organized and existing as a municipal
corporation under the laws of the State of Maine.
The Dock Square Shuttle and Parking System shall be managed
by the municipal officers of the Town, or their designee, primarily
for the purpose of providing and controlling adequate public parking
facilities in the Town of Kennebunkport, providing public transportation
from the outlying parking facilities to the Kennebunkport Village
Center, encouraging the free circulation of traffic through the streets
and visitors to Kennebunkport, assisting in the rapid and effective
fighting of fires and disposition of police forces, and promoting
the health, safety, and general welfare of the public, whether residing
in Kennebunkport or traveling to, through or from Kennebunkport in
the course of lawful pursuits.
A.
After notice and public hearing, the municipal officers shall establish
a reasonable schedule of fees for the use of the municipal parking
lot in the Dock Square area, for the use of parking spaces on public
streets in the Village Center of Kennebunkport, for the use of outlying
parking areas and for related transportation facilities provided in
conjunction with the Kennebunkport shuttle and parking system.
B.
In establishing the schedule or schedules of fees, the municipal
officers shall consider the value of the services provided, the costs
to the Town for capital equipment, administration, maintenance, salaries,
debt service, repairs, and other expenses as well as the need to regulate
and control the parking and circulation of vehicles in the Kennebunkport
Village Center. Such fees may be established by the Selectmen on a
seasonal basis during periods of the year when the problems of congestion
and overcrowding in the Kennebunkport Village Center are most acute.
Copies of the schedule of fees as established by the municipal officers
and the periods of the year during which such fees shall remain in
effect shall be available at the municipal office during normal business
hours and shall be posted in the vicinity of the municipal parking
lot in the Dock Square area.
C.
Real estate property taxpayer voucher system. The Board of Selectmen
shall provide for the distribution of five tickets/vouchers to each
distinct real estate property taxpayer that will enable each distinct
real estate property taxpayer one hour of parking per ticket/voucher
at the Dock Square Parking Lot; such tickets/vouchers will be valid
only in the year that they are issued.
After notice and public hearing, the municipal officers are
authorized to adopt regulations governing the rules of operation of
the Dock Square Shuttle and Parking System, which rules shall be designed
to ensure that the system accomplishes its primary purpose of relieving
crowding and congestion in the Kennebunkport Village Center while
at the same time providing residents and visitors to the Kennebunkport
Village Center with pleasant and convenient parking, transportation,
and related facilities. Such regulations shall also be designed to
prevent personal injury or damage to vehicles or property, to maintain
safe traffic conditions, to prevent vandalism and theft of property,
to establish reasonable limits on the hours of operation, to prevent
disturbance of the peace, to ensure that fees established are collected
and to govern such other matters as may be necessary or useful to
the management and operation of the Dock Square Shuttle and Parking
System.
The municipal officers are authorized to contract on such terms
and conditions as are in the best interest of the Town with private
persons or corporations for the provision of parking areas, transportation,
or other facilities for the operation of the Dock Square Shuttle and
Parking System or for any portion of such system. Prior to entering
into any such contract, the municipal officers shall give notice of
their intention to enter into such a contract and shall afford interested
persons a reasonable opportunity to submit proposals for consideration.
All fees, payments, or other charges collected in connection
with the operation of the Dock Square Shuttle and Parking System shall
be kept in a separate account to be known as the "Dock Square Shuttle
and Parking Account." The funds in said account shall be used by the
municipal officers to supplement any other sums appropriated by the
Town for the costs associated with the Dock Square Shuttle and Parking
System, including, without limitation, expenses for administration,
salaries, debt service, maintenance, equipment and repairs. Funds
remaining in the Dock Square Shuttle and Parking Account at the end
of the fiscal year shall not lapse, and such funds shall not be transferred
to other accounts unless by a vote of the Town at a regular or Special
Town Meeting.
The municipal officers are authorized to contract with or employ such personnel as may be necessary to the operation of the Dock Square Shuttle and Parking System on such terms and conditions as are in the best interest of the Town. The municipal officers may delegate to such personnel responsibility for the management and operation of the Dock Square Shuttle and Parking System under the general direction and supervision of the municipal officers, provided that the municipal officers shall not delegate the authority to establish fees under § 160-4, to adopt regulations under § 160-5 or to enter into contracts under § 160-6 of this article.
Whoever violates the provisions of this article or any regulation
or rule established under this article shall be punished by a fine
of $25 for each such occurrence. If any violation continues for a
period longer than 24 hours, each day that it continues shall be deemed
a separate violation subject to the penalty herein provided. The right
of any person to use the facilities of the Dock Square Shuttle and
Parking System may be suspended by the municipal officers after reasonable
notice and hearing for failure to pay any fees or fines due under
this article or under regulations adopted pursuant to this article.
[1]
Editor's Note: Subsequent amendments are noted in the text
of this article.
A.
No person within the limits of the Town of Kennebunkport shall stop,
stand, or park any motor vehicle or self-propelled machinery in any
street, way, highway, road, parking area or public place under control
of the Town so that:
(1)
It in any way blocks a public way, sidewalk, a private driveway or
pedestrian crosswalk;
(2)
It is double-parked, so called, except by the verbal permission of
the Chief of Police or one of his/her duly authorized police officers
while on traffic control;
(3)
Any part of said vehicle is in, over, or on the area of the sidewalk
or any adjoining or adjacent marked parking space;
(4)
Any part of said vehicle is within 12 feet of a fire hydrant;
(5)
Any part of said vehicle is within 20 feet of the corner of an intersecting
street or way except where designated parking is allowed by signs
or markings;
(6)
It is in that section or part of any street, way, highway, road,
parking area, or public place that is designated as a "no parking"
area or space and clearly marked "No Parking" by signs and/or painting;
(7)
It is parked in such a manner as to be against the flow of traffic
(i.e., driver's side of the vehicle against the curb or side of street).
B.
No recreational vehicle or bus may park on any street located in
the Village Residential Zone, except tour buses in designated areas
on Cross Street.
C.
No parking, standing or offloading of passengers for buses, recreational
vehicles and cars with trailers on Ocean Avenue from the Colony Hotel
to Wandby Beach.
D.
The fact that a vehicle is unlawfully parked shall be prima facie
evidence of the unlawful parking of such vehicle by the person in
whose name such vehicle is registered.
E.
It is unlawful for vehicles using the 30 North Street parking area
to have anything in tow. No commercial bus parking is allowed at 30
North Street. No recreation vehicles larger than those that will fit,
bumper to bumper, in an existing 10 feet by 20 feet parking space
at 30 North Street. Running engines while parked is prohibited.
F.
No motor vehicle, self-propelled machine, or trailer (whether attached
or unattached) shall be parked overnight in any Town-owned off-street
parking area.
G.
Emergency and spot parking regulations in the interest of public
safety. In the case of a special event which may cause a parking overflow,
the Chief of Police or his/her designee may choose areas and roadways
in Kennebunkport to park vehicles beyond areas described in this article
in order to keep open pedestrian and vehicular lanes of traffic and
to ensure the immediate response of emergency vehicles.
No person shall stop, stand, or park any motor vehicle or self-propelled
machinery in any of the following described "no parking" zones:
|
Name of Street
|
Parking Controls
|
|---|---|
|
Atlantic Avenue
|
No parking on the southwesterly side of Atlantic Avenue
|
|
No parking on the northeasterly side of Atlantic Avenue from
CMP Pole 81 to Ocean Avenue
| |
|
Parking is allowed on the northeasterly side of Atlantic Avenue
from CMP Pole 81 to Summit Avenue
| |
|
Belvidere Avenue
|
No parking on the northerly side of Belvidere Avenue
|
|
Broadway
|
No parking on either side of Broadway
|
|
Central Avenue
|
No parking on either side of Central Avenue
|
|
Chestnut Street
|
No parking on the southerly side of Chestnut Street, except
in designated areas adjacent to the Town office for municipal employees
from 8:00 a.m. to 5:00 p.m. Monday through Friday; the general public
may park in said designated areas during all other hours Monday through
Friday and any time on Saturday and Sunday
|
|
No parking on the westerly side of Chestnut Street, except in
designated areas adjacent to the Town office for municipal employees
from 8:00 a.m. to 5:00 p.m. Monday through Friday; the general public
may park in said designated areas during all other hours Monday through
Friday and any time on Saturday or Sunday
| |
|
No parking on the easterly side of Chestnut Street
| |
|
No parking within the Town office parking area in front of the
garage bay doors located on the easterly side of the Town office building,
except for municipal business from 8:00 a.m. to 5:00 p.m. Monday through
Friday; the general public may park in said designated areas during
all other hours Monday through Friday and any time on Saturday and
Sunday
| |
|
No parking 20 feet from the intersections of Chestnut Street
and Ocean Avenue
| |
|
Church Lane
|
No parking on Church Lane from the intersection of Church Lane
and Temple Street (westerly side of Church Lane), including the traffic
circle up to Carter Harris's driveway
|
|
Parking is allowed on the easterly side of Church Lane from
the end of the granite curbing by the South Congregational Church
up to Carter Harris's driveway
| |
|
Community House Road
|
No parking on either side of Community House Road from property
located on Map 35, Block 18, Lot 2 to the intersection of Wildwood
Avenue Extension
|
|
No parking on the pavement from property located on Map 35,
Block 18, Lot 2 to Community House Road and Skyline Drive intersection
| |
|
Cross Street
|
No parking on either side of Cross Street, except for designated
spots for the purpose of unloading and loading of people from buses
and trolleys, and delivery vehicles
|
|
Dyke Road
|
No parking tow-away zone on the easterly side from Route 9 to
the intersection of Kings Highway
|
|
No parking on the westerly side from Route 9 to CMP Pole 103
| |
|
No parking on the pavement from CMP Pole 103 to the bridge over
Batson's River
| |
|
No parking continuing from (and including) the bridge over Batson's
River to the intersection of Kings Highway (excepting 1 handicapped
parking space and 4 regular parking spaces) at the intersection of
Dyke Road and Kings Highway
| |
|
East Avenue
|
No parking on either side of East Avenue
|
|
Elm Street
|
No parking on either side of Elm Street, from Maine Street to
Ocean Avenue, except the area immediately adjacent to the Town office
for Town business (specifically, the area of the north side of Elm
Street and the driveway beside the Town office)
|
|
Grandview Avenue
|
No parking on either side of Grandview Avenue
|
|
Green Street
|
No parking on the southerly side of Green Street from Ocean
Avenue to Maine Street
|
|
Parking is allowed on the northerly side of Green Street from
Ocean Avenue to Maine Street
| |
|
High Street
|
No parking on the easterly side of High Street from the intersection
of School Street to the end of the road
|
|
Jeffrey's Way
|
No nonhandicapped parking on either side of the road. Briefly
stopping (less than 15 minutes) on the westerly side of the road to
load or unload a vehicle does not constitute parking under this subsection,
providing the operator stays with the vehicle
|
|
There will be one handicapped parking space on the westerly
side of the road, as close to the beach as practical
| |
|
Kings Highway
|
No parking on pavement on Kings Highway from the intersection
of South Main Street to the intersection of Ocean Avenue
|
|
No parking on pavement on the northerly side of Kings Highway
from the intersection of Dyke Road to CMP Pole J-79-1. Five-minute
parking or standing is allowed on the northerly side in the designated
space opposite CMP Pole J-42. Parking is allowed for 4 vehicles on
the northerly side of Kings Highway, in designated spaces, between
CMP Pole J-79-1 and a point opposite CMP Pole J-80. "No parking —
tow-away zone" will be marked on the southerly side between CMP Pole
J-42 and J-44. No parking on the southerly side of the road from CMP
Pole J-42 to a point opposite CMP Pole J-80
| |
|
No parking on the southerly side of Kings Highway from the intersection
of Dyke Road to CMP Pole J-34. No parking on the northerly side of
Kings Highway from the intersection of New Biddeford Road to the Goose
Rocks Beach General Store, so called
| |
|
No parking on the southerly side of Kings Highway from the intersection
of Jeffrey's Way to a point 100 feet beyond the bridge over the creek
from Little River. No parking on the northerly side of Kings Highway
from the bridge over the creek from Little River, to a point opposite
CMP Pole J-3. No parking on the northerly side of Kings Highway, from
a point opposite CMP Pole J-1 to the intersection of the New Biddeford
Road
| |
|
Langsford Road
|
No parking on the westerly side of the road from the intersection
with Pier Road to 15 feet from CMP Pole J-1
|
|
No parking easterly side of the road from the intersection with
Pier Road to the end of the ledge abutting the Captain's Restaurant
property, so called
| |
|
Locke Street
|
No parking on either side of Locke Street from the intersection
of Locke Street and North Street to the intersection of Locke Street
and Oak Street
|
|
Maine Street
|
No parking on the easterly side of Maine Street from the intersection
of Maine Street and Wildes District Road. Exception: 30-minute parking
in 3 well-marked, posted spaces for library patrons directly in front
of the library
|
|
No parking on the westerly side of Maine Street from the intersection
of Maine Street and Green Street to the intersection of Maine Street
and Wildes District Road
| |
|
On the westerly side of Maine Street, the 2 parking spaces located
between the intersection of Maine Street and Union Street and CMP
Pole J-9 shall be designated 30-minute parking spaces for patrons
of the library; also, the 8 spaces between Spring Street and Union
Street shall be designated as 3-hour parking spaces from the start
of Memorial Day weekend until the end of Columbus Day until 7:00 p.m.
each day; such spaces will be well marked and posted
| |
|
Mast Cove Lane
|
No parking on the southerly side of Mast Cove Lane from the
intersection with Maine Street to the end of the Lane
|
|
No parking on the northerly side of Mast Cove Lane from Brigg's
driveway, so called, to the end of the Lane
| |
|
Meserve Lane
|
No parking on either side of Meserve Lane
|
|
Mill Lane
|
No parking on either side of Mill Lane
|
|
Municipal Lot Exit
|
No parking on either side of the exit road
|
|
New Biddeford Road
|
No parking on the westerly side of the road from the intersection
of Winter Harbor Road to Kings Highway
|
|
No parking on the easterly side of the road from CMP Pole J-1
to the intersection of Kings Highway
| |
|
North Street
|
No parking on the easterly side of North Street from Spring
Street to River Road
|
|
No parking on the westerly side of North Street from Spring
Street to West Street
| |
|
No parking on the westerly side of North Street from Locke Street
to River Road
| |
|
Parking is allowed on the westerly side of North Street from
West Street to Locke Street
| |
|
Oak Street
|
No parking on either side of Oak Street from the intersection
of Oak Street and Locke Street to the intersection of Oak Street and
West Street
|
|
Ocean Avenue
[Amended 11-3-2020] |
No parking on the easterly side of Ocean Avenue starting from
Spring Street to CMP Pole J-33
|
|
No parking continuing on the easterly side of Ocean Avenue from
CMP Pole J-35 to and including the bridge at Fairfield Creek (excepting
2 parking spaces by the driveway at the Kennebunk River Club closest
to the Fairfield Creek Bridge)
| |
|
No parking continuing on the easterly side of Ocean Avenue from
Kings Highway to Haverhill Street
| |
|
No parking on the northerly side of Ocean Avenue from Haverhill
Street to a point approximately 50 feet before Spouting Rock Avenue
| |
|
No parking on the pavement starting at a point approximately
50 feet before Spouting Rock Avenue and continuing to Atlantic Avenue,
excepting that area by the Atlantic Avenue sewer pumping station
| |
|
No parking continuing on the northerly side of Ocean Avenue
from Atlantic Avenue to Summit Avenue
| |
|
No parking continuing on the westerly side of Ocean Avenue from
Summit Avenue to CMP Pole J-010
| |
|
No parking continuing on the easterly side of Ocean Avenue from
CMP Pole J-08 to the intersection of the Turbats Creek Road
| |
|
No parking on the westerly side of Ocean Avenue starting from
Spring Street to CMP Pole J-3 (intersection with Union Street)
| |
|
1-hour parking from May 1 to the end of the Columbus Day weekend,
unrestricted parking before and after, allowed on the westerly side
of Ocean Avenue starting from CMP Pole J-3 to the entrance of the
Landing Restaurant, so called
| |
|
No parking continuing on the westerly side of Ocean Avenue from
the entrance of the Landing Restaurant, so called (excepting a trolley/shuttle
bus stop adjacent to this entrance), to a point approximately 20 feet
beyond the bridge at Fairfield Creek
| |
|
Authorized parking from the Fairfield Creek bridge to Josiah
Curtis Lane on the westerly side of Ocean Avenue will be restricted
to 2-hour parking from Memorial Day weekend to Labor Day each year
| |
|
No parking on the westerly side of Ocean Avenue from a point
approximately 20 feet on the northerly side of the intersection of
Wharf Street to the entrance of the Colony Beach
| |
|
No parking on the pavement on the westerly side of Ocean Avenue
starting from the entrance of the Colony Beach and continuing to the
first driveway into St. Ann's Church, so called
| |
|
No parking continuing on the southerly side of Ocean Avenue
from the first driveway of St. Ann's Church, so called, to Summit
Avenue
| |
|
No parking continuing on the southerly side of Ocean Avenue
from Summit Avenue to the end of the stone wall closest to Blowing
Cave
| |
|
15-minute parking is allowed on the southerly side of Ocean
Avenue in the designated parking area, starting at the end of the
above wall to a point opposite CMP Pole J-94
| |
|
No parking continuing on the southerly side of Ocean Avenue
from a point opposite CMP Pole J-94 to the Wandby Beach parking area,
so called
| |
|
No parking on the easterly side of Ocean Avenue from the eastern
most end of the Wandby Beach parking area, so called, to a point opposite
CMP Pole J-010
| |
|
No parking continuing on the easterly side of Ocean Avenue from
a point opposite CMP Pole J-08 to the intersection of the Turbats
Creek Road
| |
|
Old Cape Road
|
No parking on the northerly side of the road from the intersection
of Route 9 to CMP Pole J-9
|
|
No parking on the pavement on the southerly side of the road
from CMP Pole J-4 to the intersection of Route 9
| |
|
Pearl Street
|
No parking on the southerly side of Pearl Street from Maine
Street to Ocean Avenue
|
|
Pier Road
|
No parking on the pavement on the southerly side of the road
from the intersection of the Langsford Road to a point opposite Fishers
Lane, excepting no parking between CMP Pole J-97 and CMP Pole J-98
|
|
No parking on the southwest side of the Pier Road from Fishers
Lane to the end of the Spicer Property, so called, except between
CMP Poles J-126 and J-129
| |
|
No parking on the northerly side of the Pier Road from a point
opposite CMP Pole J-97 to Fisher's Lane except that 10-minute parking
is permitted between CMP Pole J-103 and CMP Pole J-104 (in front of
24 Pier Road)
| |
|
No parking continuing on the northeast side of the Pier Road
to the stone wall abutting the pier parking area
| |
|
Excepting off pavement parking on the Town right of way is allowed,
where possible, between CMP Pole J-109 and CMP Pole J-110 (1 space),
between CMP Pole J-113 and CMP Pole J-117.1 (by the entrance road
to the Stone Haven Hill development), and the small boat launch area
adjacent to the causeway
| |
|
Blocking access to the boat launch is prohibited and subject
to fine and towing
| |
|
No overnight parking is permitted adjacent to the causeway boat
launch area
| |
|
No parking, loading zone only, for the service ramp from the
pier parking area to Cape Porpoise Pier
| |
|
Additionally, no parking 11:00 p.m. to 4:00 a.m. for the service
ramp
| |
|
Parking in the pier parking area shall be permitted for the
following uses, in order of priority: individuals paying pier dues
to the Town; users of the Cape Porpoise Pier for its primary use as
a public fish pier, such as fishermen, vendors and others conducting
business or performing services associated with the Pier; users (including
staff) of any businesses leased by the Town and located on Town-owned
property on the Cape Porpoise Pier for the operation of businesses
incidental to a public fish pier, such as food takeout, restaurant,
ship store, retail and wholesale, and lobster pounds; members of the
general public who wish to access the Pier for sightseeing or recreation;
and other users by permission of the Town. No vehicle may stop, stand
or park in the Pier parking area between the dates of May 15 and September
15 for the purpose of launching a kayak, canoe or other hand-carry
boat or flotation device. The Town may assign personnel to permit,
manage and direct the parking of vehicles in the Pier parking area
| |
|
Pleasant Street between Pearl Street and Green Street
|
No parking on the easterly side of Pleasant Street between Green
and South Streets
|
|
Pleasant Street between Green Street and South Street
|
No parking on the easterly side of Pleasant Street between Green
and South Streets.
|
|
South Street
|
No parking on southerly side of street from the intersection
of Maine Street to the intersection of Pleasant Street
|
|
South Main Street
|
No parking on either side of South Main Street from the intersection
of Wildes District Road to the intersection of Kings Highway
|
|
Spring Street
|
No parking on the northerly side of Spring Street from the intersection
of Spring Street and Maine Street to the intersection of Spring Street
with the entrance of the Municipal Parking Lot
|
|
No parking on the southerly side of Spring Street from the intersection
of Spring Street and Maine Street to the intersection of Spring Street
and Ocean Avenue
| |
|
1-hour parking, from May 1 to the end of the Columbus Day weekend,
unrestricted parking before and after, on the northerly side of Spring
Street, from the Municipal Parking Lot entrance to the swing bridge,
excepting the last parking space before the swing bridge will be a
loading zone from 7:00 a.m. to 10:00 a.m. and 3:00 p.m. to 5:00 p.m.
| |
|
1-hour parking, from May 1 to the end of the Columbus Day weekend,
unrestricted parking before and after, from the pharmacy front facing
the Monument to Ocean Avenue, excepting 4 15-minute parking spaces
immediately adjacent to the handicapped parking space
| |
|
No parking on the southerly side of Spring Street from the swing
bridge to the corner of the pharmacy building adjacent to the monument
| |
|
One police parking only on the southerly side of Spring Street
at the intersection with Ocean Avenue
| |
|
Summit Avenue
|
No parking on the southerly side of Summit Avenue from Central
Avenue to Ocean Avenue
|
|
No parking on the northerly side of Summit Avenue from Central
Avenue to the fire hydrant adjacent to CMP Pole J9
| |
|
No parking on pavement from hydrant adjacent to CMP Pole J9
to CMP Pole J8
| |
|
No parking continuing on the northerly side of Summit Avenue
from CMP Pole J8 to Ocean Avenue
| |
|
Temple Street
|
No parking on either side of Temple Street 20 feet from the
intersection of Temple Street and Spring Street
|
|
No parking in front of the South Congregational Church the length
of the granite curbing
| |
|
Parking, 1-hour parking from May 1 to the end of the Columbus
Day weekend, unrestricted parking before and after, on the westerly
side of Temple Street to the exit of the Municipal Parking Lot, excepting
1 handicapped parking space nearest the fire hydrant
| |
|
Parking is allowed on the easterly side of Temple Street
| |
|
Parking is allowed on the westerly side of Temple Street from
the end of the granite curbing in front of the South Congregational
Church to the intersection of Temple and North Streets
| |
|
1-hour parking from May 1 to the end of the Columbus Day weekend,
unrestricted parking before and after, on the easterly side of Temple
Street from the intersection with Spring Street to the entrance of
the United States Post Office parking area
| |
|
15-minute parking between 8:00 a.m. and 6:00 p.m., from the
entrance of the Post Office parking area to the exit of the Post Office
parking area
| |
|
Parking is allowed on the easterly side of Temple Street from
the exit of the Post Office parking area to the intersection of North
Street
| |
|
Turbats Creek Road
|
No parking on the southerly side of the road, from the intersection
of Ocean Avenue to Turbats Creek
|
|
No parking on the northerly side of the road, from CMP Pole
J-24 to Ocean Avenue
| |
|
Union Street
|
No parking on either side of Union Street, from Ocean Avenue
to Maine Street
|
|
Wesmore Lane
|
No parking (tow away zone) on the northerly side of the street
|
|
Parking (7 spaces) is allowed on the southerly side of the street
from the intersection of North Street to a point 21 feet beyond CMP
Pole J-2 as marked
| |
|
West Street
|
No parking on the northerly side of West Street
|
|
Parking allowed on the southerly side of West Street
| |
|
Wharf Lane
[Repealed 6-13-2023] | |
|
Wildwood Avenue
|
No parking on either side of Wildwood Avenue, from the intersection
of Bellewood Avenue to BelAir Avenue
|
|
No parking on the pavement on either side of Wildwood Avenue,
from the easterly side of the intersection of BelAir Avenue to the
intersection of Proctor Avenue
| |
|
Wildwood Avenue Extension
|
No parking on either side of Wildwood Avenue Extension from
Proctor Avenue to Broadway
|
Except when directed to proceed by a police officer, every driver
or operator of a motor vehicle or self-propelled machinery shall,
when approaching a through way or a stop intersection indicated by
a stop sign, bring such vehicle to a full stop before proceeding through
the intersection. The following intersections shall be controlled
by stop signs for the purpose of regulating and controlling traffic
moving in the direction designated:
|
For Traffic Moving
| ||
|---|---|---|
|
Intersection
|
From
|
Onto
|
|
Acacia Road and School Street
|
Acacia Road
|
School Street
|
|
Arundel Road and Goose Rocks Road
|
Arundel Road
|
Goose Rocks Road
|
|
Arundel Road and North Street
|
Arundel Road
|
North Street
|
|
Atlantic Avenue and Ocean Avenue
|
Atlantic Avenue
|
Ocean Avenue
|
|
Bailey Court and School Street
|
Bailey Court
|
School Street
|
|
Beachwood Avenue Ext. and Beachwood Avenue
|
Beachwood Avenue extension
|
Beachwood Avenue
|
|
Beachwood Avenue and Mills Road
|
Beachwood Avenue
|
Mills Road
|
|
Beachwood Avenue and North Street
|
Beachwood Avenue
|
North Street
|
|
Beacon Avenue and Guinea Road
|
Beacon Avenue
|
Guinea Road
|
|
Bellewood Avenue and Kings Highway
|
Bellewood Avenue
|
Kings Highway
|
|
Birch Court and School Street
|
Birch Court
|
School Street
|
|
Central Avenue and Ocean Avenue
|
Central Avenue
|
Ocean Avenue
|
|
Clover Leaf Farm Road and Mills Road
|
Clover Leaf Farm Road
|
Mills Road
|
|
Chestnut Street and Ocean Avenue
|
Chestnut Street
|
Ocean Avenue
|
|
Church Lane and Temple Street
|
Church Lane
|
Temple Street
|
|
Community House Road and Community House Road
[Added 12-8-2022] |
Community House Road
|
Community House Road
|
|
Community House Road and Wildwood Avenue
|
Community House Road
|
Wildwood Avenue
|
|
Crescent Avenue and Bartlett Avenue
|
In an easterly and westerly direction on Crescent Avenue
| |
|
Cross Street and Union Avenue
|
Cross Street
|
Union Avenue
|
|
Dyke Road and Mills Road
|
Dyke Road
|
Mills Road
|
|
East Avenue and Ocean Avenue
|
East Avenue
|
Ocean Avenue
|
|
East Avenue and South Main Street
|
East Avenue
|
South Main Street
|
|
Eel Bridge Lane and Mills Road
|
Eel Bridge Lane
|
Mills Road
|
|
Elm Street and Maine Street
|
Elm Street
|
Maine Street
|
|
Elm Street and Ocean Avenue
|
Elm Street
|
Ocean Avenue
|
|
Fishers Lane and Pier Road
|
Fishers Lane
|
Pier Road
|
|
Goose Rocks Road and Log Cabin Road
|
Goose Rocks Road
|
Log Cabin Road
|
|
Goose Rocks Road and Mills Road
|
Goose Rocks Road
|
Mills Road
|
|
Grandview Avenue and Ocean Avenue
|
Grandview Avenue
|
Ocean Avenue
|
|
Grandview Avenue and South Main Street
|
Grandview Avenue
|
South Main Street
|
|
Green Street and Maine Street
|
Green Street
|
Maine Street
|
|
Green Street and Ocean Avenue
|
Green Street
|
Ocean Avenue
|
|
Guinea Road and Goose Rocks Road
|
Guinea Road
|
Geose Rocks Road
|
|
Guinea Road and Whitten Hills Road
|
Guinea Road right
|
Whitten Hills Road and left continuing on Guinea Road
|
|
Haverhill Street and Ocean Avenue
|
Haverhill Street
|
Ocean Avenue
|
|
High Street and School Street
|
High Street
|
School Street
|
|
Highpoint Drive and Wildes District Road
|
Highpoint Drive
|
Wildes District Road
|
|
Jeffrey's Way and Kings Highway
|
Jeffrey's Way
|
Kings Highway
|
|
Kings Highway (from East End) and New Biddeford Road
|
Kings Highway
|
New Biddeford Road
|
|
Kings Highway (from West End) and Dyke Road
|
Kings Highway
|
Dyke Road or continuing in an easterly direction onto Kings
Highway
|
|
Kings Highway (from West End) and New Biddeford Road
|
In an easterly direction onto New Biddeford Road, Jeffrey's
Way or continuing straight
| |
|
Kings Highway and Ocean Avenue
|
Kings Highway
|
Ocean Avenue
|
|
Kings Highway and South Main Street
|
Kings Highway
|
South Main Street
|
|
Langsford Road and Cape Porpoise Square
|
Langsford Road
|
Cape Porpoise Square
|
|
Locke Street and North Street
|
Locke Street
|
North Street
|
|
Magnolia Drive and School Street
|
Magnolia Drive
|
School Street
|
|
Mapleview Avenue and Guinea Road
|
Mapleview Avenue
|
Guinea Road
|
|
Mast Cove Lane and Maine Street
|
Mast Cove Lane
|
Maine Street
|
|
Meserve Lane and North Street
|
Meserve Lane
|
North Street
|
|
Mill Lane and North Street
|
Mill Lane
|
North Street
|
|
Mount Kineo Road and Arundel Road
|
Mount Kineo Road
|
Arundel Road
|
|
Municipal Parking Lot Exit and Temple Street
|
Municipal Parking Lot Exit
|
Temple Street
|
|
New Biddeford Road and Kings Highway
|
New Biddeford Road
|
Kings Highway
|
|
New Biddeford Road and Mills Road
|
New Biddeford Road
|
Mills Road
|
|
Northwood Drive and North Street
|
Northwood Drive
|
North Street
|
|
Northwood Drive and Old Cape Road
|
Northwood Drive
|
Old Cape Road
|
|
Norwood Lane and Kings Highway
|
Norwood Lane
|
Kings Highway
|
|
Oak Ridge Road and Goose Rocks Road
|
Oak Ridge Road
|
Goose Rocks Road
|
|
Old Cape Road and Beachwood Avenue
|
Old Cape Road
|
Beachwood Avenue
|
|
Old Cape Road and School Street
|
Old Cape Road
|
School Street
|
|
Pearl Street and Maine Street
|
Pearl Street
|
Maine Street
|
|
Pearl Street and Ocean Avenue
|
Pearl Street
|
Ocean Avenue
|
|
Pier Road and Cape Porpoise Square
|
Pier Road
|
Into Cape Porpoise Square
|
|
Pleasant Street and Green Street
|
Pleasant Street
|
Green Street
|
|
Port Farm Road and Wildes District Road
|
Port Farm Road
|
Wildes District Road
|
|
Proctor Road and Wildwood Avenue
|
Proctor Road
|
Wildwood Avenue
|
|
River Road and North Street
|
River Road
|
North Street
|
|
River Road and Arundel Road
|
River Road
|
Arundel Road
|
|
Saddle Way and Highpoint Drive
|
Saddle Way
|
Highpoint Drive
|
|
Sand Point Road and Kings Highway
|
Sand Point Road
|
Kings Highway
|
|
School Street and Maine Street
|
School Street
|
Maine Street
|
|
South Street and Green Street
|
South Street
|
Green Street
|
|
South Street and Maine Street
|
South Street
|
Maine Street
|
|
South Main Street and Kings Highway
|
South Main Street
|
Kings Highway
|
|
South Main Street and Wildes District Road
|
South Main Street
|
Wildes District Road
|
|
Spouting Rock Road and Ocean Avenue
|
Spouting Rock Road
|
Ocean Avenue
|
|
Spring Street and Maine Street (a 3-way stop sign)
|
Spring Street
|
Main Street
|
|
Spring Street and Maine Street (a 3-way stop sign)
|
Maine Street
|
Spring Street
|
|
Stone Road and Beachwood Avenue
|
Stone Road
|
Beachwood Avenue
|
|
Stone Road and Goose Rocks Road
|
Stone Road
|
Goose Rocks Road
|
|
Stonewood Lane and Northwood Drive
|
Stonewood Lane
|
Northwood Drive
|
|
Summit Avenue and Central Avenue
|
Summit Avenue
|
Central Avenue
|
|
Summit Avenue and Ocean Avenue
|
Summit Avenue
|
Ocean Avenue
|
|
Temple Street and Maine Street
|
Temple Street
|
Maine Street
|
|
Touchstone Drive and South Main Street
|
Touchstone Drive
|
South Main Street
|
|
Towne Street and School Street
|
Towne Street
|
School Street
|
|
Turbats Creek Road and Ocean Avenue
|
Turbats Creek Road
|
Ocean Avenue
|
|
Turbats Creek Road and Wildes District Road
|
Turbats Creek Road
|
Wildes District Road
|
|
Union Street and Maine Street
|
Union Street
|
Maine Street
|
|
Wakefield Pasture Road and Wildes District Road
|
Wakefield Pasture Road
|
Wildes District Road
|
|
Walkers Lane and Beachwood Avenue
|
Walkers Lane
|
Beachwood Avenue
|
|
Walkers Lane and North Street
|
Walkers Lane
|
North Street
|
|
Ward Road and Langsford Road
|
Ward Road
|
Langsford Road
|
|
Ward Road and Maine Street
|
Ward Road
|
Main Street
|
|
Washington Court and School Street
|
Washington Court
|
School Street
|
|
West Street and North Street
|
West Street
|
North Street
|
|
Whitten Hills Road and Goose Rocks Road
|
Whitten Hills Road
|
Goose Rocks Road
|
|
Wildes District Road and Main Street
|
Wildes District Road
|
Main Street
|
|
Willey Road and Goose Rocks Road
|
Willey Road
|
Goose Rocks Road
|
|
Windmere Place and Ocean Avenue
|
Windmere Place
|
Ocean Avenue
|
|
Winslow Lane and Highpoint Drive
|
Winslow Lane
|
Highpoint Drive
|
|
Winter Harbor Road and Mills Road
|
Winter Harbor Road
|
Mills Road
|
|
Winter Harbor Road and New Biddeford Road
|
Winter Harbor Road
|
New Biddeford Road
|
|
Woodlawn Avenue and Wildes District Road
|
Woodlawn Avenue
|
Wildes District Road
|
|
Name of Street
|
Location
|
|---|---|
|
Cross Street
|
From Spring Street toward Union Street
|
|
East Avenue
|
From South Main Street toward Ocean Avenue
|
|
Green Street
|
From Ocean Avenue toward Maine Street
|
|
Haverhill Street
|
From Arlington Street toward Ocean Avenue
|
|
Municipal Parking Lot exit
|
From parking lot toward Temple Street
|
|
Pearl Street
|
From Maine Street toward Ocean Avenue
|
|
Spouting Rock Avenue
|
From Summit Avenue toward Ocean Avenue
|
|
Temple Street
|
From Spring Street toward North Street
|
|
Name of Street
|
Side
|
|---|---|
|
Access Road
|
Both
|
|
Bartlett Avenue
|
Both
|
|
BelAir Avenue
|
Both
|
|
Bellewood Avenue
|
Both
|
|
Chestnut Street
|
Southerly
|
|
Dorrance Road
|
Both
|
|
Edgewood Avenue
|
Both
|
|
Elm Street
|
Northerly except for limited parking spaces in front of the
Town office
|
|
Haywood Avenue
|
Both
|
|
Proctor Avenue
|
Both
|
|
Summer Street
|
Easterly
|
A.
The Town of Kennebunkport will provide for the maintenance and policing
of parking stalls or spaces designated for handicapped persons. There
shall be immediately adjacent to and visible from the designated parking
space a posted sign consisting of a profile view of a wheelchair with
occupant in white on a blue background with the wording "Handicapped
Parking." Any vehicle parked in such a stall or space that does not
have a special registration plate or placard issued under 29-A M.R.S.A.
§ 521, or a similar plate issued by another state, shall
be cited for a fine of $200 and towed away at the owner's expense.
[Amended 11-3-2020]
B.
The Selectmen of Kennebunkport may enter into agreement with the
owners of private off-street parking facilities for the policing,
when notified, of stalls and spaces dedicated for handicapped persons'
vehicles, under which agreements the owner of the vehicle shall be
cited for a fine of $200 and the unauthorized vehicle shall be towed
away at the owner's expense.
C.
Spaces shall be designated for handicapped persons at the following
locations:
(1)
One space on the southerly side of Spring Street at the intersection
of Spring Street with Austin's Alley, so called.
(2)
Two non-parallel spaces at the southerly end of Parson's Way abutting
St. Ann's Church.
(3)
Three spaces nearest the entrance in the Municipal Parking Lot on
the easterly side of the lot.
(4)
One space on the westerly side of the Municipal Parking Lot.
(5)
One space on the westerly side of Dyke Road, at the intersection
of Dyke Road and Kings Highway.
(6)
One space on Jeffrey's Way at the intersection of Kings Highway.
(7)
Two spaces on Kings Highway, opposite Edgewood Avenue.
(8)
One space at the Municipal Office Building.
(9)
One space on the Pier Road, at the Cape Porpoise Pier.
(10)
One space on the westerly side of Temple Street, nearest the
fire hydrant.
A.
Authorized emergency vehicles shall include private automobiles or
trucks owned by and operated by members of the Fire and Police Departments,
and the cars, trucks and equipment owned by Fire Police, Public Utility,
and other similar emergency organizations, while employed on emergency
duty and having their emergency lights in operation.
B.
The provisions of this article shall apply to authorized emergency
vehicles as follows: A driver operating any such vehicle in an emergency,
except when otherwise directed by a police officer, may:
(1)
Park or stand such emergency vehicle notwithstanding the provisions
of this article.
(2)
Proceed past a red light or stop signal, but only after slowing down
as may be necessary for safe operation.
(3)
Exceed the posted speed limit, as long as he/she does not endanger
life or property.
(4)
Disregard regulations specifying direction or movement or turning,
as long as he/she does not endanger life or property.
C.
The foregoing exceptions, however, shall not protect the driver of
any such vehicle from the consequences of reckless disregard for the
safety of others.
No person shall maliciously tamper with, deface, alter or destroy
any traffic or parking sign, printing or painting posted by the Town
of Kennebunkport.
Parking is prohibited on any public way between 12:00 midnight
and 6:00 a.m. from December 1 to April 15 the next following year.
Exception: In the event that a snow emergency is declared by the Chair
of the Board of Selectmen, or his/her designated representative, based
upon a recommendation of the Director of Public Works or his/her representative,
then parking on any public way will be prohibited for the time or
period indicated in the declaration. The emergency declaration can
be for the Town as a whole, or a portion thereof, depending upon the
needs of the Director of Public Works. Any vehicle found in violation
of this section, by either the Highway or Police Department, may be
removed by the Chief of Police or one of his/her authorized officers.
Any towing or garage expense shall be paid by the owner of any vehicle
so removed.
It shall be unlawful for any person to sleep overnight in any
vehicle or trailer, so called, parked upon any public park, parking
lot, road, street or highway within the limits of the Town of Kennebunkport
without first obtaining permission from the Chief of Police or his/her
representative.
No person shall operate a motor vehicle upon a sidewalk in the
Town of Kennebunkport. This section does not prohibit the crossing
over a sidewalk to enter any way, drive, or other property.
Any vehicle of any kind or description found stopped, standing,
or parked upon any street, way, highway, road, parking area, or public
place under the control of the Town in a manner or for a length of
time prohibited by this article is herby declared to be an obstruction
in such place and a menace to the safe and proper regulation of traffic.
A.
Purpose. The purpose of this section is to provide for public safety
and convenience as well as the welfare of the animal(s) and to preclude
added traffic congestion in the downtown area during the crowded summer
season. This article applies only to commercial operations as defined
below. Commercial operation of horse-drawn vehicles in other areas
of the Town may be allowed upon request and on approval of the Chief
of Police so long as he/she determines that there is no threat to
public safety.
B.
BUSINESS ENTERPRISE
COMMERCIAL OPERATION
OPERATION OF A HORSE DRAWN VEHICLE
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
Any individual, partnership, corporation, association or
other legal entity.
A business enterprise which provides or offers to the public,
for a fee, the ability to ride a horse-drawn vehicle.
Any carriage, wagon, cart, sled or sleigh, or other device,
whose principal means of propulsion is a single- or a two-horse hitch.
C.
Regulations.
(1)
From June 15 to October 15 the commercial operation of a horse-drawn
vehicle without a permit is prohibited in the following areas:
(2)
The Town Clerk shall issue a maximum of two carriage permits (but
no more than one carriage for each permit) annually for the commercial
operation of horse-drawn vehicles between June 15 and October 15 along
the specific route described below.
(a)
Two permits (but no more than one carriage for each permit)
will be available on the first Monday in January at the Town Clerk's
office during the Clerk's regular business hours. If there are more
qualified applicants than permits as of the close of business on that
Monday (or such later date until all permits are issued), then the
permits shall be issued on a first-come, first-served basis with priority
preference to Kennebunkport taxpayers; provided, however, there shall
be a right of first refusal for existing permit holders for an overall
term not to exceed five years. Permit fees will be as set by the Board
of Selectmen. Permits are nontransferable, except where there is a
change of ownership of the business, in which case the permit is transferable
to the new owner for the balance of that permit period.
[Amended 11-3-2020]
(c)
Except as otherwise provided for weddings, passenger pickup
and discharge may be done only in front of the Trolley Stop, so called,
on Ocean Avenue.
(3)
The vehicle to be used must be inspected by the Police Department
before a permit is granted. Prior to the issuance of a permit, the
operator of the horse-drawn vehicle must certify, in writing, prior
to operation that the horses will be equipped with either leather,
rubber or Borium horseshoes in order to prevent damage to the road
surface. Note: The use of metal shoes is prohibited on a year-round
basis on any street within the Town of Kennebunkport. (This provision
does not apply to recreational horse riding.)
(4)
Liability insurance must be carried by the owner of the horse(s)
and vehicle in at least the following amount: $500,000 general liability
combined single limit. Evidence of insurance must be presented prior
to the issuance of a permit, with the Town as an additional named
certificate holder. Thirty days' advance notice of cancellation shall
be required.
(5)
Prior to the issuance of a permit, a veterinary certificate showing
that the horse(s) is (are) capable of performing the work required,
and that it is (they are) in suitable health shall be presented.
(6)
Horse-drawn vehicles shall not operate when the temperature is 90°
or over, or in a combined temperature and humidity of 140° or
over, or in weather detrimental to either the horse or the public.
(7)
Horses shall not be worked more than eight hours in any continuous
twenty-four-hour period. There shall be rest of 15 minutes after each
two-hour working period.
(8)
A manure-catching device shall be used. The operator shall be responsible
for cleaning up any spillage immediately. Failure to clean up spillage
will result in revocation of the permit. Disposal of such spillage
shall be in a covered container provided by the operator. The operator
shall ensure that the container is emptied on a daily basis, but not
into the Town's receptacles.
D.
Enforcement. The Chief of Police or any of his/her designated officers
will enforce this section. Any officer who observes a violation of
this section may summons that individual to the District Court. Any
officer who receives a complaint of a violation of this section from
a citizen may, after investigation of the complaint and determining
that sufficient evidence exists to conclude that a violation of this
section occurred, summons the offender to the District Court.
E.
Civil penalty. Any person adjudicated in violation of this section
shall be liable for a civil penalty.
(1)
First offense: written warning and a copy of this section.
(2)
Second and subsequent offenses: fine of $100.
(3)
Any second or subsequent offender of this section 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. 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 section,
including but not limited to court filing fees and the cost of legal
counsel.
F.
Penalties accrue to the Town. All civil penalties collected under
this section shall accrue to the Town of Kennebunkport.
G.
Effective date. This section shall become effective immediately upon
approval by a majority vote of the Kennebunkport Board of Selectmen.
A.
Purpose. The purpose of this section is for public safety and convenience,
for the welfare of the citizens and is intended to provide for safe
passage and to reduce traffic congestion of vehicles on the Town's
narrow and winding roads. This section applies only to operations
as defined below.
B.
Definition. For purposes of this section, a "commercial tour bus"
is defined as a motor vehicle designed for carrying more than 15 persons,
including the operator.
C.
Exceptions. School buses and the "Trolley" and "Shuttle Bus," so
called, used for the conveyance of persons within the Kennebunks at
the time of the adoption of this section shall continue to utilize
the designated "Trolley Stops" for pickup and discharge of passengers.
Expansion of either existing service within the communities will be
governed by this subsection (exceptions).
D.
Regulations.
(1)
Commercial tour buses may utilize Cross Street to discharge or pick
up passengers and are limited to 10 minutes to accomplish their task.
Bus engines are required to be turned off at this location while performing
either function. Tour buses shall only discharge and pick up passengers
on the south side of Cross Street.
(2)
Commercial tour buses utilizing any area designated by the Town to
discharge or pick up passengers are limited to 10 minutes to accomplish
their task. Bus engines are required to be turned off at the location
while performing either function.
(3)
Commercial tour buses are prohibited from stopping, standing, parking,
loading or unloading on any street or way bounded by Elm Street, Maine
Street, North Street, Church Lane, Temple Street, Spring Street and
Ocean Avenue, except as otherwise expressly authorized by this section.
(4)
Commercial tour buses are prohibited from stopping, standing, parking,
loading or unloading on Ocean Avenue.
(5)
Commercial tour buses are prohibited from turning around and retracing
their route while operating on the following roads: on Ocean Avenue
starting from the Colony Hotel, so called, along the Turbats Creek
Road and Wildes District Road.
E.
Notification. Beginning August 15, 2003, between May 1 and October
31 each year, commercial tour buses utilizing any expressly authorized
location on any public way, street or other Town-owned property to
discharge or pick up passengers are required to notify the Town of
their intent to utilize an expressly authorized location, by notifying
the Town or its authorized designated person or entity. Notification
must be provided to the Town at least three days in advance to allow
the Town to prepare for each arrival and departure. Permits will be
made available to parties, on a first-come, first-served basis, which
shall be valid for one arrival and one departure. No more than 10
commercial tour buses (any combination of arrivals and departures,
provided the total number of trips does not exceed 10) that have made
the required advanced notification will be scheduled per hour each
day between the hours of 9:00 a.m. and 7:00 p.m. Commercial tour buses
arriving without having made the required notification and without
having received a permit are subject to space availability (not to
exceed the ten-bus limit per hour). When issuing permits, the Town
shall take into consideration that no more than four commercial buses
should be parked simultaneously on Cross Street.
F.
Enforcement. The Chief of Police or any of his/her designated officers
will enforce this section. Any officer who observes a violation of
this section may summons that individual to the District Court. Any
officer who receives a complaint of a violation of this section from
a citizen may, after investigation of the complaint and determining
that sufficient evidence exists to conclude that a violation of this
section occurred, summons the offender to the District Court.
G.
Penalties. Any person adjudicated in violation of this section shall
be liable for a civil penalty.
(1)
First offense: a fine of $100 shall be imposed. (Note: Officers have
the discretion of issuing a warning depending on the circumstances.)
(2)
Second and subsequent offenses; a fine of $250 shall be imposed.
Any second or subsequent offender of this section 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. 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 section,
including but not limited to court filing fees and the cost of legal
counsel.
H.
Penalties accrue to the Town. All civil penalties collected under
this section shall accrue to the Town of Kennebunkport.
I.
Effective date. This section shall become effective immediately upon
approval by a majority vote of the Kennebunkport Board of Selectmen.
A.
Purpose. The purpose of this section is to provide for public safety
and convenience, and to preclude added traffic congestion in the downtown
area during the crowded summer season. This section applies only to
commercial operations as defined below that utilize the Town Trolley
Stop on Ocean Avenue.
B.
BUSINESS ENTERPRISE
COMMERCIAL OPERATION
OPERATION OF A TROLLEY
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
Any individual, partnership, corporation, association or
other legal entity.
A business enterprise which provides or offers to the public
for a fee the ability to ride a trolley.
Any vehicle or other device whose principal means of propulsion
is an internal combustion engine.
C.
Regulations.
(1)
From June 15 to October 15, the commercial operation of a trolley
without a permit is prohibited in the following areas:
(2)
The Town Clerk will issue a maximum of two trolley permits yearly
for the commercial operation of a trolley between June 15 and October
15. Two permits (but no more than one trolley for each permit) will
be available on the first Monday in January at the Town Clerk's office
during the Clerk's regular business hours. If there are more qualified
applicants than permits as of the close of business on that Monday
(or such later date until all permits are issued), then the permits
shall be issued on a first-come, first-served basis with priority
preference to Kennebunkport taxpayers; provided, however, there shall
be a right of first refusal for existing permit holders for an overall
term not to exceed five years. Permit amounts will be as set by the
Board of Selectmen. Permits are nontransferable, except where there
is a change of ownership of the business, in which case the permit
is transferable to the new owner for the balance of that permit period.
Permit holders are restricted to loading and unloading at:
[Amended 11-3-2020]
(3)
Before a permit is granted, the vehicle operator must show written
proof that the trolley used is registered, inspected and insured in
accordance with the laws of the State of Maine.
D.
Enforcement. The Chief of Police or any of his/her designated officers
will enforce this section. Any officer who observes a violation of
this section may summons that individual to the District Court. Any
officer who receives a complaint of a violation of this section from
a citizen may, after investigation of the complaint and determining
that sufficient evidence exists to conclude that a violation of this
section occurred, summons the offender to the District Court.
E.
Civil penalty. Any person adjudicated in violation of this section
shall be liable for a civil penalty.
(1)
First offense: written warning and a copy of this section.
(2)
Second and subsequent offenses: a fine of $100. Any second or subsequent
offender of this section 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. 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 section, including but
not limited to court filing fees and the cost of legal counsel.
[Amended 11-3-2020]
F.
Penalties accrue to the Town. All civil penalties collected under
this section shall accrue to the Town of Kennebunkport.
G.
Effective date. This section shall become effective immediately upon
approval by a majority vote of the Kennebunkport Board of Selectmen.
A.
Purpose. The purpose of this section is to provide for public safety
and convenience and to prevent added traffic congestion in the downtown
area during the crowded summer season. This section applies only to
commercial operations as defined below. Commercial operation of pedicab
vehicles in other areas of the Town may be allowed upon request and
on approval of the Chief of Police or his/her designee so long as
he/she determines that there is no threat to public safety.
B.
BUSINESS ENTERPRISE
COMMERCIAL OPERATION
OPERATION OF A PEDICAB VEHICLE
Definitions. For purposes of this section, the following terms shall
have the meanings indicated:
Any individual, partnership, corporation, association or
other legal entity.
A business enterprise which provides or offers to the public,
for a fee, the ability to ride a humanly propelled vehicle.
A carriage-type tricycle whose principal means of propulsion
is pedaling by a single person.
C.
Regulations.
(1)
From June 15 to October 15, the commercial operation of pedicab-type
vehicles without a permit is prohibited in all areas of Kennebunkport.
From October 16 to June 14, commercial operation of pedicab type vehicles
is prohibited.
(2)
The Town Clerk shall issue a minimum of one and a maximum of three
pedicab permits (but no more than one pedicab for each permit) annually
for the commercial operation of pedicab vehicles between June 15 and
October 15 along the specific routes described below. Three permits
(but no more than one pedicab for each permit) will be available on
the first business day in January at the Town Clerk's office during
the Clerk's regular business hours. If there are more qualified applicants
than permits as of the close of business on that day (or such later
date until all permits are issued), then the permits shall be issued
on a first-come, first-served basis. Permit fees will be as set by
the Board of Selectmen. Permits are nontransferable, except where
there is a change of ownership of the business, in which case the
permit is transferable to the new owner for the balance of that permit
period. The permit issued shall be valid only during the calendar
year for which they are issued. Pedicab operators:
[Amended 11-3-2020]
(a)
Operators must be 18 years of age or older;
(b)
The applicant must have a valid state driver's license and present
a copy to the Police Department;
(c)
A certificate of physical fitness issued by a practicing physician
will be presented to the Police Department prior to operating a pedicab;
(d)
A neat and clean appearance is expected of all pedicab drivers
while on duty; and
(e)
Drivers shall not, when otherwise available for hire, refuse
to transport anyone requesting a ride except under the following circumstances:
[1]
The transportation requested is such that the driver may not
legally accept such passenger;
[2]
The driver has reasonable cause to believe that the proposed
passenger will refuse to pay or cannot pay the fare; or
[3]
The proposed passenger is disorderly, engaged in the commission
of any crime, or is otherwise unfit to be transported as a passenger.
(3)
Permit holders are restricted in operation to the following routes:
(a)
Maine Street between Spring Street and South Street;
(b)
Dock Square, North Street to 30 North Street (Municipal Lot);
(c)
Ocean Avenue between Dock Square and the Rhumb Line, including
Kings Highway; and
(d)
Temple Street, Church Lane, Mill Lane, Spring Street, Union
Street, Chestnut Street, Elm Street, Pearl Street, Pleasant Street,
Green Street, South Street and School Street to the Consolidated School,
High Street, Towne Street and Birch Lane.
(4)
The vehicle(s) to be used and the operators of said vehicles must
comply with provisions set forth in the Maine Motor Vehicle Statutes
and state and local traffic laws and regulations. All pedicabs will
be inspected by the Police Department prior to June 15 of each year.
The following will be grounds for removal of the permit:
(a)
Failing to complete an inspection prior to the above date;
(b)
Operating a pedicab while under the influence of alcoholic beverages
or controlled substances other than medication prescribed by a physician
as long as it does not impair operation;
(c)
Operating a pedicab in any manner which impedes or blocks the
normal or reasonable movement of pedestrian or vehicular traffic;
and
(d)
Operating or causing to be operated any pedicab upon or along
any route unless the Chief of Police or his designee approves such
route.
(5)
Liability insurance must be carried by the owner of the pedicab vehicles
in at least the following amount: $500,000 general liability combined
single limit. Evidence of insurance must be presented prior to the
issuance of a permit, with the Town as an additional named certificate
holder. Thirty days' advance notice of cancellation shall be required.
(6)
Pedicab hours or operation shall be from 8:00 a.m. to 1:30 a.m. within
the stated dates.
(7)
Rates and prices. A rate card bearing the following statement shall
be displayed on each vehicle as to be visible to passengers at all
times while the vehicle is in service:
(a)
Passenger information.
(b)
Cab No. _____.
(c)
The maximum fare for any trip in this vehicle per passenger
per quarter hour or fraction thereof, regardless of the distance of
the trip, shall be as set by the Board of Selectmen. If you have questions
or complaints about the fare you have been charged or the service
you have received, please call the Kennebunkport Police Department
at 207-967-2700.
[Amended 11-3-2020]
D.
Solicitation of business. No person shall solicit business in any
manner for any licensed pedicab while on route. Prohibited solicitation
while standing shall include shouting, hollering, whistling, clapping
or making other loud noises, grabbing or otherwise annoying or harassing
passersby, or any other conduct detrimental to the image or reputation
of the trade or the public safety or disturbance of the peace.
E.
Enforcement. The Chief of Police or any of his/her designated officers
will enforce this section. Any officer who observes a violation of
this section may summons that individual to the District Court. Any
officer who receives a complaint of a violation of this section from
a citizen may, after investigation of the complaint and determining
that sufficient evidence exists to conclude that a violation of this
section occurred, summons the offender to the District Court.
F.
Civil penalty. Any person adjudicated in violation of this section
shall be liable for a civil penalty.
(1)
First offense: written warning and a copy of this section.
(2)
Second and subsequent offenses: a fine of $100.
[Amended 11-3-2020]
(3)
Any second or subsequent offender of this section 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 summons. 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 section,
including but not limited to court filing fee and the cost of legal
counsel.
G.
Penalties accrue to Town. All civil penalties collected under this
section shall accrue to the Town of Kennebunkport.
H.
Effective date. This section shall become effective immediately upon
approval by a majority vote of the Kennebunkport Board of Selectmen.
A.
Purpose and authority. The purpose of this section, "Restricting
vehicle weight on posted ways," (hereinafter, the "section") is to
prevent damage to Town ways and bridges in the Town of Kennebunkport
which may be caused by vehicles of excessive weight, to lessen safety
hazards and the risk of injury to the traveling public, to extend
the life expectancy of Town ways and bridges, and to reduce the public
expense of their maintenance and repair. This section is adopted pursuant
to 30-A M.R.S.A. § 3009 and 29-A M.R.S.A. §§ 2395
and 2388.
B.
Definitions. The definitions contained in Title 29-A M.R.S.A. shall
govern the construction of words contained in this section. Any words
not defined therein shall be given their common and ordinary meaning.
C.
Restrictions and notices. The municipal officers may, either permanently
or seasonally, impose such restrictions on the gross registered weight
of vehicles as may, in their judgment, be necessary to protect the
traveling public and prevent abuse of the highways, and designate
the Town ways and bridges to which the restrictions shall apply. Whenever
notice has been posted as provided herein, no person may thereafter
operate any vehicle with a gross registered weight in excess of the
restriction during any applicable time period on any way or bridge
so posted unless otherwise exempt as provided herein. The notice shall
contain, at a minimum, the following information: the name of the
way or bridge, the gross registered weight limit, the time period
during which the restriction applies, the date on which the notice
was posted, and the signatures of the municipal officers, or their
designee. The notice shall be conspicuously posted at each end of
the restricted portion of the way or bridge in a location clearly
visible from the traveled way. Whenever a restriction expires or is
lifted, the notices shall be removed wherever posted. Whenever a restriction
is revised or extended, existing notices shall be removed and replaced
with new notices. No person may remove, obscure or otherwise tamper
with any notice so posted except as provided herein.
D.
Exemptions. Vehicles that are exempt from the most recent Maine Department
of Transportation's (MDOT) "Rules and Regulations Restricting Heavy
Loads on Closed Ways" are exempt
from this section. In addition, the following vehicles are exempt
from this section: any vehicle delivering home heating fuel and operating
in accordance with a permit issued by the MDOT under 29-A M.R.S.A.
§ 2395, Subsection 4, and, when necessary during a period
of drought emergency declared by the Governor, any vehicle transporting
well-drilling equipment for the purpose of drilling a replacement
well or for improving an existing well on property where that well
is no longer supplying sufficient water for residential or agricultural
purpose and operating in accordance with a permit issued by the MDOT
under 29-A M.R.S.A. § 2395, Subsection 4-A.
[Amended 11-3-2020]
E.
Permits. The owner or operator of any vehicle not otherwise exempt
as provided herein may apply, in writing, to the municipal officers,
or their designee, for a permit to operate on a posted way or bridge
notwithstanding the restriction.
(1)
The municipal officers, or their designee, may issue a permit only
upon all of the following findings:
(a)
No other route is reasonably available to the applicant;
(b)
It is a matter of economic necessity and not mere convenience that
the applicant use the way or bridge; and
(c)
The applicant has tendered cash, a bond or other suitable security
running to the municipality in an amount sufficient, in their judgment,
to repair any damage to the way or bridge which may reasonably result
from the applicant's use of same.
(2)
Even if the municipal officers, or their designee, make the foregoing
findings, they need not issue a permit if they determine the applicant's
use of the way or bridge could reasonably be expected to create or
aggravate a safety hazard or cause substantial damage to a way or
bridge maintained by the municipality. They may also limit the number
of permits issued or outstanding as may, in their judgment, be necessary
to preserve and protect the highways and bridges.
(3)
In determining whether to issue a permit, the municipal officers,
or their designee, shall consider the following factors:
(a)
The gross registered weight of the vehicle;
(b)
The current and anticipated condition of the way or bridge;
(c)
The number and frequency of vehicle trips proposed;
(d)
The cost and availability of materials and equipment for repairs;
(e)
The extent of use by other exempt vehicles; and
(f)
Such other circumstances as may, in their judgment, be relevant.
(4)
The municipal officers, or their designee, may issue permits subject
to reasonable conditions, including but not limited to restrictions
on the actual load weight and the number or frequency of vehicle trips,
which shall be clearly noted on the permit.
F.
Administration and enforcement. This section shall be administered
and may be enforced by the municipal officers or the Kennebunkport
Police Department.
G.
Penalties. Any violation of this section shall be a civil infraction
subject to a fine of not less than $250 nor more than $1,000. Each
violation shall be deemed a separate offense. In addition to any fine,
the municipality may seek restitution for the cost of repairs to any
damaged way or bridge and all other costs incurred by the Town in
enforcing this section. Prosecution shall be in the name of the municipality
and shall be brought in the Maine District Court.
H.
Amendments. This section may be amended by the municipal officers
at any properly noticed meeting.
I.
Severability; effective date. In the event any portion of this section
is declared invalid by a court of competent jurisdiction, the remaining
portions shall continue in full force and effect. This section shall
take effect immediately upon enactment by the municipal officers at
any properly noticed meeting.
A.
Restrictions. In order to promote public safety and the social and
aesthetic well-being of the residents and guests of the Town of Kennebunkport,
the following restrictions are placed upon vehicles parked in the
Goose Rocks Beach area, such area to include public roads that are
located in the area which is south of Route 9 and east of the Batson
River and west of Little River.
(1)
Parking in the designated area of Goose Rocks Beach (public roads
that are located in the area which is south of Route 9 and east of
the Batson River and west of Little River) by sticker permit only
will be in effect daily between the hours of 8:00 a.m. and 6:00 p.m.
from the beginning of the Memorial Day weekend through the Labor Day
weekend of each year. Parking during all other times shall be in compliance
with any other applicable sections of this article.
(2)
The operator of any vehicle, or the registered owner of said vehicle
if the operator cannot be determined, violating this section shall
be punished by a fine of not more than $200 and not less than $50
for each offense, to be recovered to the use of the Town of Kennebunkport;
provided, however, that any such person or registered owner who violates
this section and is issued a parking ticket may within 48 hours from
time of issuance pay a fine of $50 or, after 48 hours from time of
issuance and before a court summons is issued, pay a fine of $60 to
the Chief of Police or his/her representative for full satisfaction
of such parking violation. In the course of an appeal from such parking
fine, such person shall appear before the 10th District Court, Biddeford,
Maine, and shall be fined not more than $200 and not less than $50
to the Town of Kennebunkport. Any parking tag fines paid to the Chief
of Police or his/her representative during the fiscal year of the
Town of Kennebunkport shall be turned over to the Treasurer of the
Town of Kennebunkport and credited to the general revenues of the
Town of Kennebunkport.
(3)
During days in the summer when weather conditions are optimal for
recreation at Goose Rocks Beach, the Chief of Police or his/her designee
may at his/her discretion issue an advisory to the general public
via sticker sales agents that buying a sticker does not guarantee
a place to park at Goose Rocks Beach. The buyer will be advised that
he/she can return to the place of purchase and surrender the sticker
for a refund. Other information will be made available for alternative
locations to recreate.
B.
Rules and regulations. The Board of Selectmen shall establish by authority of this section such rules and regulations as it deems necessary or convenient to carry out the purposes of this § 160-27 of this article. Such rules and regulations may include, but not be limited to: setting fees for the acquisition of parking permits/stickers and determining authorized employees or agents responsible for selling and/or distributing parking permits/stickers. Rules and regulations may only be adopted at a duly called public meeting.[1]
A.
Applicability. Any vehicle that is registered to an individual who
has accumulated, for this or any other vehicle, a combined total of
three or more notices of violation of any parking regulation or regulations
made pursuant to this article issued after July 1, 1983, for which
there has been neither payment of waiver fees nor issuance of court
process, and which is then parked in violation of any such provision,
may at the option of any Town of Kennebunkport police or other officer
authorized to enforce the parking regulations of the Town of Kennebunkport
be immobilized in place or may be removed and stored until all waiver
fees for all such outstanding notices of violations have been paid,
including all costs for towing, notice preservation and storage of
said vehicle.
B.
Procedure. The police officer requesting such removal shall at the
time of such removal notify the dispatcher of the intended storage
location of the subject's motor vehicle. Such information shall be
recorded by the dispatcher for the use of the Chief of Police or his/her
duly authorized representative. The Chief of Police shall notify by
registered mail the registered owner of such vehicle within five business
days of the impoundment thereof, the storage location of such vehicle
and the requirements for release.
C.
Release of vehicles. Any person having custody of a motor vehicle
pursuant to the provisions of this article or of the means to release
such immobilized vehicle shall not release it until the individual
requesting its release presents satisfactory evidence of his or her
right to possession and signs a receipt therefor and the Chief of
Police or his/her duly authorized representative certifies that all
waiver fees and all charges have been paid, including all costs for
towing, notice preservation and storage of said vehicle, as established
pursuant to this article.
E.
Bond. Whenever any person requests the right to post bond, such bond
shall be given in cash and a receipt given therefor. Such bond money
shall be refunded in the amount of the waiver fee for each alleged
violation upon acceptance by such person of service of process initiating
a court proceeding to determine his or her liability for the prescribed
penalty for such alleged violation. Any bond shall be forfeited unless
the person posting it requests and accepts service of such process
from the Chief of Police or his/her designated representative within
30 days of posting unless prevented from doing so by the actions or
inaction of the Town of Kennebunkport.
F.
Refund of charges for impoundment. Whenever any person obtains a
determination from a court of competent jurisdiction that the vehicle
was not parked in violation at the time it was impounded pursuant
to this article, such person shall be reimbursed for the charges for
immobilization, or for towing and storage if paid, and if such charges
have not been paid, they shall be promptly paid or cancelled by the
Town.
G.
Violations. It shall be a violation of this article for any person
to tamper with or to attempt to remove any immobilizing device attached
to a vehicle or to obstruct or attempt to prevent the removal of a
vehicle as provided herein. The penalty for any such violation shall
be not less than $100 and not more than $1,000.
A.
Fine amounts can be set by the Board of Selectmen to comply with state law. The operator of any vehicle, or the registered owner of said vehicle if the operator cannot be determined, violating §§ 160-10, 160-11, 160-14, 160-15 (if a private parking area), 160-18, 160-20, and 160-21 of this article shall be punished by a fine of not more than $50 and not less than $25 for each offense. Section 160-15 fine amount is $200 in a municipal parking area, to be recovered for the use of the Town of Kennebunkport; provided, however, that any such person or registered owner who violates one of the parking sections of this chapter (excepting § 160-15 municipal parking area), and is issued a parking tag, may within 48 hours from time of issuance pay a fine of $25, or after 48 hours from time of issuance and before a court summons is issued pay a fine of $30. In the course of an appeal from such parking fine, such person shall appear before the 10th District Court, Biddeford, Maine, and shall be fined not more than $200 and not less than $100 to the Town of Kennebunkport.
[Amended 11-3-2020]
B.
The operator of any vehicle violating § 160-13, 160-17 or 160-19 of this article shall be punished by a fine of not more than $30 and not less than $25 for each offense, to be recovered to the use of the Town of Kennebunkport; provided, however, that any such person who violates one of the parking sections of this chapter, and is issued a parking tag, may within 48 hours from time of issuance pay a fine of $25, or after 48 hours from time of issuance and before a court summons is issued pay a fine of $30 to the Chief of Police or his/her representative for full satisfaction of such parking violation. In the course of an appeal from such parking fine, such person shall appear before the 10th District Court, Biddeford, Maine, and shall be fined not more than $200 and not less than $100 to the use of the Town of Kennebunkport.
C.
Any parking tag fines paid to the Chief of Police or his/her representative
during the fiscal year of the Town of Kennebunkport shall be turned
over to the Treasurer of the Town of Kennebunkport and credited to
the general revenues of the Town of Kennebunkport.
The Town of Kennebunkport authorizes the Chief of Police to
represent the Town in District Court in the prosecution of alleged
violations of those ordinances that the Police Department is empowered
to enforce, if duly certified in accordance with 25 M.R.S.A., § 2803-A,
Subsection 8, or successor statute. The Chief of Police may designate
any officer under his/her command, if the officer is so certified,
to perform this prosecutorial function.
A.
Effective date. This article shall take effect and be in force immediately
after its approval and upon posting of appropriate signs, and supersedes
all previous traffic and parking control ordinances governing the
streets covered by this article.
B.
Severability. Should any section or part of a section or any provision
of this article be declared by the courts to be unconstitutional or
invalid, such declaration shall not affect the validity of the article
as a whole or any part thereof other than the part so declared to
be unconstitutional or invalid.
