[HISTORY: Adopted by the Annual Town Meeting
of the Town of Shapleigh 3-14-2020 by Art. 4. Amendments noted where applicable.]
The purpose of this "Ordinance Restricting Vehicle Weight on
Posted Ways" (hereinafter, the "Ordinance") is to prevent damage to
Town ways and bridges in the Town of Shapleigh 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 ordinance is adopted pursuant to 30-A
M.R.S.A. § 3009 and 29-A M.R.S.A. §§ 2395
and 2388.
Except as otherwise provided herein, the definitions contained
in 29-A M.R.S.A. shall govern the construction of words contained
in this ordinance. Any words not defined therein shall be given their
common and ordinary meaning.
A.
The Selectmen 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 roadways, and designate the Town ways and bridges to
which the restrictions shall apply.
B.
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 road or
bridge so posted unless otherwise exempt as provided herein.
C.
Pursuant to 29-A M.R.S.A. § 2395, the notice shall contain,
at a minimum, the following information: the name of the road 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 Selectmen. The notice shall be conspicuously
posted at each end of the restricted portion of the road or bridge
in a location clearly visible from the traveled way.
D.
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.
A.
The following vehicles are exempt under state law: Any vehicle delivering
home heating fuel or animal bedding and operating in accordance with
a permit issued by the Maine Department of Transportation (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).
B.
Frozen road exemption. This ordinance shall not apply to any restricted
road which is frozen. The roadway is considered "frozen" only when
the air temperature is 32° F or below and no water is showing
in the cracks of the road. Both conditions must be met.
C.
The following vehicles are also exempt under the specific provisions
of this ordinance:
(1)
Any vehicle or combination of vehicles registered for a gross weight
of 23,000 pounds or less.
(2)
Any vehicle or combination of vehicles registered for a gross weight
in excess of 23,000 pounds and traveling without a load other than
tools or equipment necessary for the proper operation of the vehicle.
This exemption does not apply to special mobile equipment. It shall
be a defense to a violation of this subsection if the combined weight
of any vehicle or combination of vehicles registered for a gross weight
in excess of 23,000 pounds and its load is in fact less than 23,000
pounds.
(3)
MDOT vehicles or other vehicles authorized by MDOT or a municipality
or county to maintain the roads under their authority.
(4)
Authorized emergency vehicles as defined in 29-A M.R.S.A. § 2054,
school buses, a wrecker towing a disabled vehicle of legal weight
from a posted highway, and vehicles with three axles or fewer under
the direction of a public utility and engaged in utility infrastructure
maintenance or repair.
(5)
Any two-axle vehicles registered for a gross weight in excess of
23,000 pounds and less than or equal to 34,000 pounds that are carrying
any of the special commodities may operate without a permit. Special
commodities includes any of the following:
(a)
Home-delivered heating fuel (oil, gas, coal, stove-size wood
that is fewer than 36 inches in length, propane and wood pellets);
(b)
Petroleum products;
(c)
Groceries;
(d)
Bulk milk;
(e)
Bulk feed;
(f)
Solid waste;
(g)
Animal bedding;
(h)
Returnable beverage containers;
(i)
Sewage from private septic tanks or porta-potties; or
(j)
Medical gases.
A.
The owner or operator of any vehicle not otherwise exempt as provided
herein may apply in writing to the Selectmen and/or Road Commissioner
for a permit to operate on a posted way or bridge, notwithstanding
the restriction. The Selectmen and/or the Road Commissioner 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 road or bridge; and
(3)
The applicant has tendered cash, a bond or other suitable security
to the municipality in an amount sufficient, in their judgment, to
repair any damage to the road or bridge which may reasonably result
from the applicant's use of same.
B.
Even if the Selectmen and/or Road Commissioner makes the foregoing
findings, they need not issue a permit if they determine the applicant's
use of the road 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.
C.
In determining whether to issue a permit, the Selectmen and/or Road
Commissioner 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; and
(6)
Such other circumstances as may, in their judgment, be relevant.
D.
The Selectmen and/or Road Commissioner 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 ordinance shall be administered and may be enforced by
the Road Commissioner and/or law enforcement officer.
Any violation of this ordinance 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.
In the event any portion of this ordinance is declared invalid
by a court of competent jurisdiction, the remaining portions shall
continue in full force and effect. This ordinance shall take effect
immediately upon enactment by the legislative body.
