The purpose of this "Restriction of Vehicle Weight on Posted
Ways Ordinance" (hereinafter, the "article") is to prevent damage
to Town ways and bridges in the Town of Windham 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 article 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 Title 29-A M.R.S.A. shall govern the construction of words contained
in this article. Any words not defined therein shall be given their
common and ordinary meaning.
This article shall be administered and may be enforced by the
Town of Windham Police Department.
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.
In the event any portion of this article is declared invalid
by a court of competent jurisdiction, the remaining portions shall
continue in full force and effect.