[HISTORY: Adopted by the Town Council of the Town of Winslow as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-13-1976 by Ord. No. 57-1976 (Ch. 1 of the 1976 Code)]
The ordinances embraced in this and the following chapters and sections shall constitute and be designated as "The Municipal Code of Winslow, Maine, 1975," and may be so cited. The Code may also be cited as the "Municipal Code" or, in the provisions which follow, as "this Code."
In the construction of this Code and all ordinances the following rules of construction and definitions shall be observed unless inconsistent with the manifest intent of the council or the context clearly requires otherwise:
A. 
Word usage.
(1) 
"And" may read "or" and "or" may be read "and" if the sense requires it.
(2) 
Gender. Words in any section importing the masculine gender shall include the feminine and neuter as well as the masculine.
(3) 
May. The word "may" is permissive and discretionary.
(4) 
Number. Words used in the singular include the plural, and the plural includes the singular.
(5) 
"Preceding" and "following" mean next before and next after, respectively.
(6) 
Shall. The word "shall" is mandatory.
(7) 
Tense. Words used in the past or present tense include the future, past and present where applicable unless the context clearly indicates otherwise.
(8) 
Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases and others that have acquired a peculiar and appropriate meaning in the law, shall be construed and understood according to such meaning.
B. 
Definitions. Definitions given within a chapter or article apply only to words or phrases used in such chapter or article unless otherwise provided.
BOND
An obligation in writing, binding the signatory to pay a sum certain upon the happening or failure of an event.[1]
BUSINESS
Any profession, trade, occupation and any other commercial enterprise conducted for monetary reward.
CHARTER
The Charter of the Town of Winslow.
CLERK
The Town Clerk.
COUNCIL
The governing body of the Town, the Town Council.
COUNCIL CHAIR
The Chair of the Town Council of Winslow.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
COUNCILOR
Any member of the governing body of the Town, the Winslow Town Council.
COUNTY
Kennebec County, Maine.
DESIGNEE
Following an official of the Town, means the authorized agent, employee or representative of such official.
DIRECTOR
The chief executive officer of the office or department to which the particular division, bureau, board, agency or subordinate municipal administrative body has been assigned by the Council.
HEALTH OFFICER
The head of the health department or any person designated by the Council to perform the Town health functions and duties.
MONTH
A calendar month.
OATH
Any form of attestation by which a person signifies that he is bound in conscience to perform an act or to speak faithfully and truthfully, and includes an affirmation or declaration in cases where by law an affirmation may be substituted for an oath.
OCCUPANT
Tenant or person in actual possession.
OPERATE
Carry on, keep, conduct, maintain, manage, direct or superintend.
ORDINANCES
The ordinances of the Town of Winslow and all amendments and supplements thereto.
OWNER
One who has complete dominion over particular property and who is the one in whom legal or equitable title rests; when applied to a building or land, owner means any part owner, joint owner, owner of a community or partnership interest, life tenant, tenant in common, or joint tenant, of the whole or part of such building or land.
PERSON
Any individual, natural person, joint stock company, partnership, voluntary association, society, club, firm, company, corporation, business trust, organization, or any other group acting as a unit, or the manager, lessee, agent, servant, partner, member, director, officer or employee of any of them including an executor, administrator, trustee, receiver, or other representative appointed according to law.
PERSONAL PROPERTY
Any money, goods, movable chattels, things in action, evidence of debt, all objects and rights which are capable of ownership, and every other species of property except real property.
PROPRIETOR
An owner of the property or premises including any person, firm, association, corporation, club partnership or other group acting as a unit whether acting by themselves or by a servant, agent or employee.
PUBLIC PLACE
Any park, lake, stream, stadium, athletic field; playground, school yard, street, avenue, plaza, square, bus train or railroad depot, station, terminal, cemetery, open space adjacent thereto or any other place commonly open to the public.
REAL PROPERTY
Land, together with all things attached to the land so as to become a part thereof.
SIDEWALK
That portion of a street between the curb line and the adjacent property along the margin of a street or other highway, designed, constructed and intended for the use of pedestrians to the exclusion of vehicles.
SIGNATURE and SUBSCRIPTION
The name of a person, mark or symbol appended by him to a writing with intent to authenticate the instrument as one made or put into effect by him.
STATE
The State of Maine.
STATUTES or REVISED STATUTES
The latest published edition of the Statutes or Revised Statutes of Maine.
STREET
All street, highways, avenues, boulevards, parkways, roads, lanes, viaducts, bridges and the approaches thereto, docks built on the public street, alleys, courts, places, squares, curbs, sidewalks, recreation and park lands used for vehicular traffic, or other public ways or thoroughfares in this Town, over which it has jurisdiction, which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
TENANT
Any person occupying the premises, building or land of another in subordination to such other person's title and with his express or implied assent, whether he occupies the whole or a part of those premises, building or land, whether alone or with others.
TIME
An hour of the day according to the official time of the Town.
TIME OF PERFORMANCE
The time within which an act is to be done as provided in any section or any order issued pursuant to any section, when expressed in days, and is computed by excluding the first and including the last day. If the last day is Sunday or a legal holiday, that day shall not be counted in the computation. When the time is expressed in hours, the whole of Sunday or a legal holiday from midnight to midnight is excluded.
TOWN
The Town of Winslow, in the County of Kennebec and State of Maine.
TOWN LIMITS
Within the Town and includes not only the corporate limits of the Town, but also any property which it owns or which is under its jurisdiction.
TOWN MANAGER
The chief administrative officer of the Town.
TREASURER
The Town Treasurer.
WATERCOURSE
Any drain, ditch and stream, flowing in a definite direction or course in a bed with banks.
WEEK
Seven days.
WRITING and WRITTEN
Any representation of words, letters or figures, whether by printing or otherwise, capable of comprehension by ordinary visual means.
YEAR
A calendar year.
[1]
Editor's Note: The original definition of "building," which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
This Code is a revision and codification of the general ordinances of the Town of Winslow which have been enacted and published in accordance with the authority granted in 30-A M.R.S.A. § 3004.
This Code shall refer only to the commission or omission of acts within the territorial limits of the Town and to that territory outside this Town over which the Town has jurisdiction or control by virtue of any constitutional or charter provisions, or any law.
Any printed copy of this Code or any printed supplement thereto, published and certified according to law, shall be received in evidence in any court for the purpose of proving any charter or ordinance provision therein contained with like effect and for the same purpose as the original ordinances, minutes or journals would be received.
Whenever a power is granted to or a duty is imposed upon a public officer or employee, the power may be performed by an authorized deputy or designee or by any person authorized pursuant to law or ordinances, unless this Code expressly provides otherwise.
The provisions appearing in this Code, insofar as they relate to the same subject matter and are substantially the same as those ordinance provisions previously adopted by the Town and existing at the effective date of this Code, shall be considered as restatements and continuations thereof and not as new enactments.
A. 
If the provisions of different chapters, articles, divisions or section of this Code conflict with or contravene each other, the provisions of each chapter, article, division or section shall prevail as to all matters and questions growing out of the subject matter of that chapter, article, division or section.
B. 
If clearly conflicting provisions are found in different sections of the same chapter, then use the most restrictive wording..
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
Where any conflict exists between a chapter, article, division or section of this Code and any chapter or section of the Town Charter or state code, the latter shall prevail.
A. 
Any reference in this Code to an ordinance or provisions of this Code shall mean such ordinance or provision as may now exist or is hereafter amended.
B. 
Any references in this Code to chapters, articles, divisions or sections shall be to the chapters, articles, divisions and sections of this Code unless otherwise specified.
All designations and headings of chapters, articles, divisions and sections are intended only for convenience in arrangement and as mere catchwords to indicate the contents of such chapters, articles, divisions or sections, whether printed in boldface type or italics. They shall not be deemed or taken to be any part or title of such chapters, articles, divisions or sections; nor unless expressly so provided, shall they be so deemed upon amendment or reenactment or be construed to govern, limit, modify, alter or in any other manner affect the scope, meaning or intent of any of the provisions of this Code.
In reading a section number from left to right, the digit or digits to the left of the dash designate the chapter number. The digit or digits to the right of the dash designate the section number within the chapter. Figures to the right of a decimal point indicate new chapters or sections inserted between existing chapters or sections. The decimal system shall be used to maintain the numerical order of this Code.
Each day any violation of this Code occurs or continues to exist shall constitute a separate offense.
Whenever in this Code any act or omission is made unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
A. 
Unless otherwise specifically provided, whenever a notice is required to be given pursuant to any section of this Code such notice shall be given either by personal delivery to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address as the same appears in the public records or other records pertaining to the matter for which such notice is served, or by any other method of delivery approved by law. Service by mail shall be deemed to have been completed at the time of deposit in the post office or any United States mailbox.
B. 
Proof of giving any notice may be made by the certificate of any officer or employee of this Town or by affidavit of any person over the age of 18 years who actually accomplished personal service in conformity with this Code or other provisions of law applicable to the subject matter concerned, or by a return receipt signed by the recipient notified by United States Mail.
It is declared to be the intention of the council that the sections, subsections, paragraphs, sentences, clauses and words of this Code are severable. If any section, subsection, paragraph, sentence, clause or word is declared unconstitutional or otherwise invalid by the lawful judgment or decree of any court of competent jurisdiction, its unconstitutionality or invalidity shall not affect the validity of any of the remaining sections, subsections, paragraphs, sentences, clauses and words of this Code, since the sections or parts of sections would have been enacted by the council without and irrespective of any unconstitutional or otherwise invalid section, subsection, paragraph, sentence, clause, or word being incorporated into this Code.
In all cases where the same offense is made punishable or is created by different sections of this Code, the Town Attorney may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense.
A. 
Whenever in this Code or in any ordinance of the Town any act or failure to do a required act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable by a fine ranging from $100 to $2,500.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
If the penalty for a particular offense is limited by state statute then such limitation shall be applicable to the provision of this Code and other ordinances of the Town notwithstanding the provisions of the section.
C. 
The suspension or revocation of any license, certificate or other privilege conferred by the Town, shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
D. 
All fines levied and paid for any violation of any provision of this Code or any other violation of any Town ordinance, shall be payable to the general fund of the Town for the use of the Town.
[Adopted 4-11-2022 by Ord. No. 02-2022]
Pursuant to 30-A M.R.S.A. § 3004 and Section 212 of the Council-Manager Charter of the Town of Winslow, the ordinances of the Town of Winslow of a general and permanent nature adopted by the Town Council of the Town of Winslow, as revised and codified and consisting of Chapters 1 through 300, are hereby approved, adopted, ordained and enacted as the Code of the Town of Winslow, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1976 Code of Ordinances of the Town of Winslow, as amended and supplemented.
A. 
A copy of the Code has been filed in the office of the Town Clerk and shall remain there for use and examination by the public until final action is taken on this ordinance. Following adoption of this ordinance such copy shall be certified by the Town Clerk and such certified copy shall remain on file in the office of the Town Clerk, to be made available to persons desiring to examine the same during all times while said Code is in effect.
B. 
Additions or amendments to the Code, when adopted in such form as to indicate the intent of the governing body to make them a part thereof, shall be deemed to be incorporated into such Code so that reference to the "Code of the Town of Winslow" shall be understood and intended to include such additions and amendments.
The Clerk of the Town of Winslow shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with the filing of the Code in the office of the Town Clerk as provided in § 1-19 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part of each section is an independent section or part of a section, and the holding of any section or a part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity or constitutionality of any other sections or parts thereof.
A. 
Ordinances or parts of ordinances inconsistent with the provisions contained in the Code adopted by this ordinance are hereby repealed; provided, however, that such repeal shall only be to the extent of such inconsistency, and any valid legislation of the Town of Winslow which is not in conflict with the provisions of the Code shall be deemed to remain in full force and effect.
B. 
The following ordinance is specifically repealed: Chapter 2, Article VII, Engineering Section, of the 1976 Code.
The repeal of ordinances provided for in § 1-22 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A. 
Any right or liability established, accrued or incurred under any legislative provision of the Town of Winslow prior to the effective date of this ordinance or any action or proceeding brought for the enforcement of such right or liability.
B. 
Any offense or act committed or done before the effective date of this ordinance in violation of any legislative provision of the Town of Winslow or any penalty, punishment or forfeiture which may result therefrom.
C. 
Any prosecution, indictment, action, suit or other proceeding pending or any judgment rendered prior to the effective date of this ordinance brought pursuant to any legislative provision of the Town of Winslow.
D. 
Any agreement entered into or any franchise, license, right, easement or privilege heretofore granted or conferred by the Town of Winslow.
E. 
Any ordinance of the Town of Winslow providing for the laying out, opening, altering, widening, relocating, straightening, establishing grade, changing name, improvement, acceptance or vacation of any right-of-way, easement, street, road, highway, park or other public place within the Town of Winslow or any portion thereof.
F. 
Any ordinance of the Town of Winslow appropriating money or transferring funds, promising or guaranteeing the payment of money or authorizing the issuance and delivery of any bond of the Town of Winslow or other instruments or evidence of the Town's indebtedness.
G. 
Ordinances authorizing the purchase, sale, lease or transfer of property or any lawful contract or obligation.
H. 
The levy or imposition of special assessments or charges.
I. 
The annexation or dedication of property or approval of preliminary or final subdivision plats or site plans.
J. 
Any ordinances adopting or amending a zoning map or otherwise rezoning property.
K. 
Any ordinances relating to salaries or personnel policies.
L. 
The General Assistance Ordinance and all amendments thereto.
M. 
Any ordinance or portion of an ordinance establishing a specific fee amount for any license, permit or service obtained from the Town.
N. 
Any ordinances adopted subsequent to August 9, 2021.
A. 
In preparing the revision and codification of the ordinances pursuant to 30-A M.R.S.A. § 3004, certain minor grammatical and nonsubstantive changes were made in one or more of said ordinances. It is the intention of the Town Council that all such changes be adopted as part of the Code as if the ordinances so changed had been formally amended to read as such.
B. 
In addition, the changes, amendments or revisions as set forth in Schedule A attached hereto and made a part hereof are made herewith, to become effective upon the effective date of this ordinance. (Chapter and section number references are to the ordinances as they have been renumbered and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-24B, the chapters, articles and sections which were added, amended, adopted or repealed by this ordinance are indicated throughout the Code by a history referring to Chapter 1, General Provisions, Article II. During routine supplementation, histories indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, repealed) 4-11-2022 by Ord. No. 02-2022." Schedule A, which contains a complete description of all changes, is on file in the Town offices.
C. 
Nomenclature. The following nomenclature changes are made:
(1) 
"Chairman" and "Chairperson" are changed to "Chair."
(2) 
"Local Plumbing Inspector" is changed to "Licensed Plumbing Inspector."
(3) 
"General Development I District" is changed to "General Development District."
(4) 
"Certificate of use or occupancy" and "certificate of use and occupancy" are changed to "certificate of occupancy."
(5) 
"Road yard" and "front yard" are changed to "street yard."
(6) 
Chapter 230 is amended to change instances of "Public Works Supervisor" to "Public Works Director."
(7) 
Chapter 300 is amended to change "registered/licensed land surveyor" to "professional land surveyor."
A. 
Chapter and article titles, headings and titles of sections and other divisions of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
B. 
Editor's notes indicating sources of sections, giving other information or referring to the statutes or to other parts of the Code are inserted in the Code and may be inserted in supplements to the Code for the convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with the Code in any manner which will cause the laws of the Town of Winslow to be misrepresented thereby. Anyone violating this section shall be subject, upon conviction, to a penalty as provided in § 1-17 of the Code.
This ordinance shall take effect 30 days after passage.