[Adopted 7-16-1985 (Ch. 227, Art. II, of the 1991 Code)]
For the purpose of this article, the following words and terms as used herein shall have the meanings or limitations of meaning defined, explained, or assigned hereunder.
AUTHORIZED EMERGENCY VEHICLE
As defined by 29-A M.R.S.A. § 2054.[1]
[Amended 10-27-2020 by Order 20-153]
OFFICIAL TRAFFIC CONTROL DEVICES
All signs, signals, markings and devices, whether immovable or whether manually, electrically or mechanically operated, placed or erected by authority of a public body or official having jurisdiction, by which traffic is alternately directed to stop, and proceed, or for the purpose of regulating, warning or guiding traffic.
PRIVATE ROAD OR DRIVEWAY
Every way or place in private ownership and used for vehicular travel by the owner and those having implied permission from the owner, but not by other persons.
PUBLICLY OWNED PROPERTY
Property owned by the Town when any part thereof is open to the use of the public for purposes of vehicular or pedestrian travel.
SAFETY ZONE
The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
STREET or HIGHWAY
The entire width between property lines of every way or place of whatever nature when any part thereof is open to the use of the public, as a matter of right, for the purposes of traffic.
[1]
Editor's Note: The original definition of "disability parking," as amended 10-27-2020 by Order 20-153, of the 1991 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
The Chief of Police, with approval of the Town Council, shall place and maintain traffic control devices when and as required under the ordinances of this Town to make effective the provisions of said ordinances and may place and maintain such additional traffic control devices as he may deem necessary and as approved by the Town Council to regulate traffic under the ordinances of this Town or under state law or to guide or warn traffic.
B. 
All traffic control devices shall conform to the manual and specifications which may be approved by the Maine Department of Transportation; but on such devices as the Maine Department of Transportation has issued no regulation, they shall be such devices as are approved by the Chief of Police. All traffic control devices so erected and not inconsistent with the provisions of state law or this article shall be official traffic control devices.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The stopping, standing and/or parking of motor vehicles and movement of traffic are hereby regulated on the streets or parts of streets and ways and on publicly owned property as set forth in the Traffic Ordinance schedules prepared by the Chief of Police pursuant to the authority of this article and approved by the Town Council; and when signs are erected giving notice thereof, the stopping, standing and/or parking of motor vehicles and movement of traffic shall be regulated as set forth on said schedules for such streets or parts of streets and ways and on such publicly owned property.
A. 
The following rules govern the stopping and parking of vehicles:
(1) 
Prohibited in certain places. Except in compliance with a statute or with this article, a person shall not stop or park a vehicle on any public way in any of the following places:
(a) 
On a sidewalk.
(b) 
In front of a public or private driveway.
(c) 
Within an intersection.
(d) 
Within 15 feet of a fire hydrant, except as otherwise designated by the Chief of Police.
(e) 
On a marked crosswalk.
(f) 
Within 20 feet of the near corner of the curbs at an intersection unless otherwise designated.
(g) 
Alongside or opposite any excavation or obstruction when stopping or parking would obstruct traffic.
(h) 
On the roadway side of any vehicle stopped or parked at the edge or curb of a public way.
(i) 
On any bridge or other elevated structure or in a tunnel.
(j) 
At any place where official signs or yellow-striped areas or yellow curbing indicates a restricted, no-stopping or no-parking area.
(k) 
Within 20 feet of a marked crosswalk.
(2) 
Public ways. A person shall not stop or park a vehicle on any public way except on the right-hand side of the way, in the proper direction of travel and with the curbside wheels of the vehicle within 12 inches of the edge of the roadway.
(3) 
Not to obstruct traffic. A person shall not park any vehicle on a public way so as to leave available less than 12 feet of the width of the roadway for free movement of vehicular traffic.
(4) 
Parking within lines. Where parking places are marked by painted lines, a person must park a vehicle within the lines.
(5) 
Oversize vehicles. A driver of a vehicle having an overall length of 30 feet or more shall not stop or park on any public way for more than eight hours.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(6) 
Parking for certain purposes prohibited. A person shall not park a vehicle on any public way for the principal purpose of washing, lubricating, or displaying it for sale, or repairing it, except for changing tires or making other emergency repairs.
(7) 
Owner liable. A person shall not allow any vehicle registered in his name to be parked on any public way in violation of this article.
(8) 
Temporary parking restrictions. When he believes circumstances require it, the Chief of Police may temporarily prohibit the parking of vehicles at the entrance to any place of public assembly and install signs so indicating. This restriction remains effective until the need for it no longer exists. A person shall not park a vehicle in an area in which parking is temporarily prohibited.
B. 
Parking limitation for commercial vehicles.
[Amended 10-27-2020 by Order 20-153]
(1) 
No commercial vehicle in excess of 10,000 pounds gross weight shall be allowed to stop, stand, or otherwise park upon any street in excess of eight hours in a twenty-four-hour period, except when in active use for the loading or unloading of merchandise or materials, or for the construction or reconstruction of said street.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2) 
The fact that such a commercial vehicle is parked in violation of the provisions of this section shall be prima facie evidence of the unlawful parking of such vehicle by the owner thereof.
A. 
The provisions of this article for which signs are required shall be enforced against an alleged violator if, at the time and place of the alleged violation, an official sign is in proper position and sufficiently legible to be seen by an ordinarily observant person.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
Permanent no-parking signs must be placed in no-parking areas in such a manner as to be seen and understood by an ordinarily observant person.
[Amended 10-27-2020 by Order 20-153]
The provisions of this article shall apply to authorized emergency vehicles as defined in this article, except that a driver operating any such vehicle in an emergency, when otherwise directed by a police officer, may:
A. 
Park or stand notwithstanding the provisions of this article.
B. 
Proceed past a red or stop signal or stop sign, but only after slowing down as may be necessary for safe operation.
C. 
Exceed the prima facie speed limits, so long as he does not endanger life or property.
D. 
Disregard regulations governing direction of movement or turning in specified directions, so long as he does not endanger life or property.
A. 
The Chief of Police, with the approval of the Town Council, shall have authority to:
(1) 
Designate and maintain, by appropriate devices, marks or lines upon the surface of the roadway, crosswalks at intersections where, in his opinion, there is particular danger to pedestrians crossing the roadway and at such other places as he may deem necessary.
(2) 
Establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
(3) 
Determine those intersections at which drivers of vehicles shall not make a right, left or U-turn and to place proper signs at such intersections.
(4) 
Erect signs indicating no parking upon any street when the width of the roadway does not exceed 20 feet or upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet.
(a) 
The width of the roadway shall be deemed not to exceed 30 feet or 20 feet as hereinbefore set forth if the usable width thereof is reduced to these measurements by the piling up of snow by snowplowing operations.
(b) 
In addition to the authority herein granted, the Chief of Police is hereby authorized, whenever the width of the roadway of any street is reduced by snow to the width as described above, to erect signs as provided above and is also authorized to make any street temporarily a one-way street when, in his judgment, the usable roadway of said street is reduced by snow to such width as to make such action advisable.
(5) 
Determine and designate intersections where particular hazard exists upon other than through streets and to determine whether vehicles shall stop at one or more entrances to any such intersection and to erect a stop sign at every such place where a stop is required, or in the event that he determines that reduced speed rather than a stop is adequate for safe operation at any such intersection, he shall determine such safe speed by engineering investigation and erect signs upon the approaches to such intersection, giving notice of such speed. Every such stop sign shall be reflectorized or self-illuminated. Every stop sign shall be located as near as practicable at the property line of the street at the entrance to which the stop must be made or at the nearest line of the crosswalk or, if none, at a limit line to be indicated by the Chief of Police. The driver of a vehicle approaching a stop sign shall stop and, after having stopped, shall yield the right-of-way to any vehicle which has entered the intersection from another highway or which is approaching so closely on said highway as to constitute an immediate hazard.
(6) 
Determine and designate intersections where traffic conditions require some type of traffic control, but where traffic volumes, both vehicular and pedestrian, and other factors indicate that neither traffic signals nor stop signs are warranted and to erect at every such place a sign stating "yield right-of-way." Every such yield right-of-way sign shall conform in design and color to specifications adopted by the Maine Department of Transportation. Every such sign shall be reflectorized to provide good visibility after dark. The driver of a vehicle approaching a yield-right-of-way sign shall slow to the legal speed for such intersection, yielding the right-of-way to all traffic on the intersection street which is so close as to constitute an immediate hazard.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
B. 
When, in the judgment of the Chief of Police, an emergency either exists or is about to exist because of snow, ice or other cause which will create an especially hazardous condition, notwithstanding any other provisions of this article to the contrary, the Chief of Police may, without approval of the Town Council, determine and designate, by proper emergency signs, both streets or portions of streets on which no stopping or parking of vehicles may be permitted and also to determine and designate, by proper emergency signs, streets or portions of streets on which no vehicular traffic may be permitted or on which vehicular traffic may move only in one direction.
No truck which exceeds a gross vehicle weight of 9,000 pounds and no bus, other than a school bus picking up and discharging students, shall travel over the bridges, streets or parts of streets identified in traffic schedules, except when necessary to render service to or to deliver supplies to persons residing adjacent thereto where other means of access to such residences is not reasonably convenient.
A. 
Disability parking. It shall be unlawful for any vehicle to park in a disability parking space without bearing a special registration plate or placard issued under 29-A M.R.S.A. § 521 or a similar plate issued by another state. A person shall not park in an access aisle adjacent to a disability parking space regardless of whether the person has been issued a disability registration plate or removable placard by the State of Maine or another state. Disability access aisles shall be marked by painting on the pavement a rectangular box with white or yellow diagonal stripes.[1]
[Amended 10-27-2020 by Order 20-153; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
[1]
Editor's Note: Original § 227-14B, regarding certain prohibitions against standing or parking vehicles upon roadways, of the 1991 Code, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No vehicle shall be parked at any time on any public street or way so as to interfere with or hinder the removal of snow from any street or way by the Town, by plowing, loading or hauling, and any person parking a vehicle in violation of a no-parking sign placed on any street or way because of snowplowing, loading or hauling operations shall be subject to the penalties provided in this article.
B. 
The Chief of Police may cause any vehicle so parked on any street or way so as to interfere with or hinder the removal of snow by plowing, loading, or hauling to be removed from such street.
When signs are erected upon approach to hazardous or congested places, no person shall stop, stand, or park a vehicle in any such designated place.
The driver of a vehicle emerging from a private driveway, automobile service station or building shall stop such vehicle immediately prior to driving onto a sidewalk and, upon entering the roadway, shall yield the right-of-way to all vehicles approaching on said roadway.
Except when otherwise directed by a police officer or other authorized person, the driver of any vehicle and every pedestrian shall obey the instructions of any traffic control device, signal, sign or marker installed under the provisions of this article or state law, and every such person shall obey each and every provision of this article.
[Amended 10-27-2020 by Order 20-153]
A person shall not park a vehicle on any public way, private way, alley, fire lane, bridge, private drive or private road in such a way as to obstruct any other public way, private way, alley, fire lane, bridge, private drive or private road, unless in the case of a private drive or private road the person has permission of the owner of the private drive or private road. The Chief of Police or his designee, at the vehicle owner's expense, may order the immediate removal of said vehicle.
It shall be unlawful for any vehicle to be or remain parked in a manner described in § 228-19, and any such vehicle may be removed by or under the direction of or at the request of any police officer of the Town to a garage, storage place or municipal property within the limits of the Town and impounded therein until the required fees have been paid.
[Amended 10-27-2020 by Order 20-153; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any violation of any provision of this article shall be a traffic infraction. A violation or a traffic infraction shall be punished by a fine of not less than $25 nor more than $500, except that a violation of § 118-14A, Disability parking, shall be punished by a fine of not less than $200 nor more than $500.
The following no-parking/tow-away zones are established:
A. 
Seasonal zones, from May 1 through September 30, are as follows:
(1) 
On the Covered Bridge Road to extend 200 feet in an easterly direction from the entrance to the covered bridge, on both sides of the road.
B. 
On both sides of the White's Bridge Road extending from White's Bridge in an easterly direction for 1,000 feet to utility pole No. 23.
C. 
On the northeasterly side of School Road extending from its intersection with Route 202 (Gray Road) to the northwesterly corner of the former school bus garage. This no-parking zone shall also include all sides of the triangle at the aforementioned intersection.
D. 
On the easterly side of Cottage Road from the point where it takes a ninety-degree turn to run parallel to Highland Lake and continuing to its terminus.
E. 
That portion of Route 302 from River Road west to White's Bridge Road.
F. 
Within 15 feet of any fire hydrant, including dry hydrants, unless otherwise specified by action of the Town Council.
[Amended 1-10-1995]
G. 
On both sides of Mechanic Street and Androscoggin Street from November 1 through April 1.
[Amended 9-26-1995]
H. 
On any public road or public easement roadway during any parking ban declared by the Public Works Department.
[Amended 9-26-1995]
I. 
On any paved portion of Routes 302, 202, 115, and 35, except that portion of Route 202 (Main Street), westerly side, between CMP pole No. 5 and CMP pole No. 14, unless otherwise specified by action of the Town Council or by special permission of the Windham Police Department.
[Amended 1-27-2004]
J. 
A section of Depot Street from its intersection with U.S. Route 202 to Mechanic Street, both sides of the street.
[Amended 11-28-1995]
K. 
That portion of Haven Road from U.S. Route 302 100 feet from the corner.
[Amended 10-27-2020 by Order 20-153]
L. 
On the outer circumference of Forsythia Lane, from the first entrance off of Anglers Road to the second entrance off of Anglers Road.
[Added 7-13-2021 by Order 21-249]
[Amended 10-27-2020 by Order 20-153]
The following bridge schedule is established:
Bridge
Weight Limit
(tons)
Gambo Road Bridge
3
William-Knight Bridge
3
Covered Bridge
4
[Amended 10-27-2020; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
The idling of buses, heavy-duty vehicles, heavy-duty recovery vehicles, trucks, tractors, truck-tractors, trailers and semitrailers, as those terms are defined in Title 29-A M.R.S.A. § 101, while stopped, standing or parked in a residentially used area is prohibited between the hours of 10:00 p.m. and 6:00 a.m. except as provided for in compliance with traffic signals or signs, at the direction of a police officer or while buses are in the act of loading or unloading passengers. This prohibition shall not apply to emergency vehicles of the Police Department, Sheriff's office, Fire-Rescue Department, nor to any public or private ambulances, nor to any public works or public utility vehicles where actually engaged in the performance of emergency or operational duties necessary to be performed by said public departments or public utilities, nor to any vehicle owned by or performing for the United States of America or the State of Maine.