[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.
As defined by 29-A M.R.S.A. § 2054.[1]
[Amended 10-27-2020 by Order 20-153]
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.
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.
Property owned by the Town when any part thereof is open
to the use of the public for purposes of vehicular or pedestrian travel.
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.
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.
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)]
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.
