[Adopted by Town Warrant, 3-11-1947, Art. 54; amended 2-14-1977 by Ord. No. 62-1976; 9-11-2006 by Ord. No. 3-2006; 9-10-2012 by Ord. No. 10-2012; 2-9-2015 by Ord. No. 1-2015; 11-9-2015 by Ord. No. 10-2015; 12-12-2016 by Ord. No. 12-2016 (Ch. 11, Art. V, of the 1976 Code)]
A. 
The Public Works Director may, either seasonally or permanently, impose such restrictions on the gross registered weight of vehicles as may, in his or her 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 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.
B. 
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 signature of the Public Works Director. 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.
Vehicles that are exempt from the Maine Department of Transportation's (MDOT) "Rules and Regulations Restricting Heavy Loads on Closed Ways" dated December 31, 1996 and amended on March 4, 1998, are exempt from this article. In addition, any vehicle delivering home heating fuel and operating in accordance with a permit issued by MDOT under 29-A M.R.S.A. § 2395(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(4-A).
A. 
The owner or operator of any vehicle not otherwise exempt as provided herein may apply in writing to the Public Works Director for a permit to operate on a posted way or bridge notwithstanding the restriction. The Public Works Director may issue a permit only upon all of the following findings:
(1) 
No other route is reasonably available to the applicant;
(2) 
It is a matter of economic necessity and not mere convenience that the applicant use the way or bridge;
(3) 
The applicant has tendered cash, a bond or other suitable security running to the municipality in an amount sufficient, in the judgment of the Public Works Director, to repair any damage to the way or bridge which may reasonably result from the applicant's use of same.
B. 
Even if the Public Works Director makes the foregoing findings, he or she need not issue a permit if 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. The number of permits issued may also be limited by the Public Works Director if deemed necessary to preserve and protect the highways and bridges.
C. 
In determining whether to issue a permit, the Public Works Director shall consider the following factors:
(1) 
The gross registered weight of the vehicle;
(2) 
The current and anticipated condition of the way or bridge;
(3) 
The number and frequency of vehicle trips proposed;
(4) 
The cost and availability of materials and equipment for repairs;
(5) 
The extent of use by other exempt vehicles;
(6) 
Such other circumstances as may be relevant.
D. 
The Public Works Director 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.
This article shall be administered by the Public Works Director and may be enforced by the municipal officers.
Any violation of this article 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 reasonable attorney fees and costs. Prosecution shall be in the name of the municipality and shall be brought in the Maine District Court.