[Adopted 6-14-2007]
The Town of Camden hereby adopts the following article to regulate
the placement and location of obstructions on sidewalks or adjacent
to public ways in the Town of Camden. The purpose of this article
is to reduce congestion and unsightly clutter of sidewalks, to keep
sidewalks clear for safe and convenient travel by pedestrians, and
to protect the Town from claims of liability based upon the placement
of obstructions on sidewalks.
This article is enacted pursuant to the home rule authority
granted to the Town in accordance with the provisions in title 30-A
M.R.S.A. § 3001, as amended from time to time.
As used in this article, the following terms shall have the
meanings indicated:
A privately owned bench placed on a sidewalk, including any
structure on which patrons of businesses and members of the public
can sit for the convenience of such individuals.
A bench, seating object, flower box, display of stock-in-trade, or other object placed by a person which hinders or impedes the free and uninterrupted passage of pedestrians and any public works equipment upon any sidewalk. Included in this definition is any sign, awning or architectural feature that is located less than seven feet in height as measured from the sidewalk surface. See also 17-A M.R.S.A. § 505 and Chapter 167, Newspaper Racks and Boxes (Historical Note: Adopted June 14,1994).
A natural person, corporation, partnership, or business entity.
Any street, Town road, public easement or Town way accepted
by the Town of Camden or within the control of the Town of Camden.
The exchange of any object of merchandise or food for any
form of consideration, whether at retail or wholesale, regardless
of whether a profit is made.
Any public improved path for pedestrians abutting a public
way of the Town of Camden within the control or ownership of the Town.
Anything constructed or erected adjacent to, on, or above
the sidewalk.
A.
No person shall place any obstruction within the bounds of a sidewalk unless otherwise permitted under this or any other ordinance of the Town of Camden. An object shall be an obstruction if its placement causes less than 48 inches of uninterrupted pedestrian space to remain between the object and the edge of the sidewalk, or any power pole, light pole, utility fixture, seasonal trash collection container, or cigarette butt collection container, as located, in the sole discretion of the Town, closest to the road, with the exception that the Select Board may grant a waiver of this provision for preexisting access requirements to established businesses or for nonhazardous preexisting awnings, benches or architectural features. An object shall also be an obstruction if the Select Board determines that the particular object, where located, meets the definition of "obstruction" as set forth in § 231-15 of this article.
B.
Notwithstanding § 231-16A, no object shall be placed at a distance greater than six inches from an existing structure, so as to maintain the maximum amount of passage for pedestrians on the sidewalk.
C.
Specifically prohibited locations. No object shall be placed, used
or maintained as follows:
(1)
Within 10 feet of any fire hydrant or other emergency equipment or
facility;
(2)
Within seven feet of any marked pedestrian crosswalk as measured
from the point of intersection between a crosswalk and the sidewalk
curbing closest to the intended location of said object;
(3)
Within five feet of any intersecting driveway, alley or street;
(4)
In a manner which interferes with ingress or egress from private
property or public facilities;
(5)
Such that the placement causes a safety hazard for pedestrian traffic
or vehicular traffic or obstructs the view of such traffic from the
public way; and
(6)
For advertising, as a sign or for publicity purposes.
D.
Other restrictions and conditions.
(1)
All objects shall be maintained by the owner of the object at all
times, in a clean, neat and attractive condition and in good repair.
The area around said object shall be kept free of debris and litter
at all times.
(2)
No object shall be placed within, in on or over the sidewalk from
November 1 through April 30 of each year in order to allow winter
maintenance and plowing.
(3)
No sign, awning or architectural features shall be located less than
seven feet in height as measured from the sidewalk surface.
(4)
Notwithstanding any provision of this article, all objects (excluding
existing or future permitted signage) lawfully placed within, in,
on or over a sidewalk shall be removed between November 1 and April
30 of each year.
(5)
No person shall permit graffiti or unauthorized lettering or words
to be placed or remain on any object located on or above the sidewalk.
No person shall place, locate, or install a bench on a sidewalk,
as defined in this article, unless the bench meets the following requirements:
B.
Proximity to adjacent premises. Any bench authorized pursuant to
this section shall be located in front of the business premises and
within six inches of the building in which the business premises is
located. There shall be only one bench for each business premises
adjacent to the sidewalk. Businesses that can accommodate more than
one bench shall maintain a minimum separation of five feet between
benches.
C.
Design. Benches shall be constructed primarily of wood and shall
have sufficient strength and durability to serve the intended purpose
of providing seating and a resting area for patrons of a business
and for members of the public. The seat shall not be more than 20
inches in height and not more than six feet in length and 24 inches
in depth; the overall height of the bench shall not exceed 40 inches.
No person carrying on any business for the sale of goods, wares or merchandise shall at any time place any part of their stock-in-trade upon any Town sidewalk adjoining their buildings or upon any shelf, stand or bracket extending over said sidewalk. The Select Board may, however, authorize the temporary placement of stock-in-trade on a sidewalk for the purposes of an organized and scheduled Town or area-wide sidewalk event, or any other special permitted annual or seasonal event. Such event may include tables for nonprofit groups, provided permission is granted by the owner/occupant of the business premises where the table(s) would be located. [See also Chapter 167, Newspaper Racks and Boxes (Historical Note: Adopted June 14, 1994).]
A.
Notwithstanding any other provision of this article, the Town Manager
may grant permission on a temporary basis for scaffolding, ladders
and other property, construction, repair or maintenance equipment
to be located within, upon or over a sidewalk; the duration and scope
of permission shall be provided, in writing, to the applicant in the
Town Manager's sole discretion. The Town Manager shall consider safety
of pedestrians, construction workers and vehicles on or about the
sidewalk or in the Town way. The applicant shall provide a written
application depicting the equipment to be used and its location in
relation to buildings, sidewalk, and Town way. The applicant shall
demonstrate that it has provided for the free and safe movement of
pedestrians and vehicular traffic.
B.
Notwithstanding any other provision of this article, a nonprofit
group may locate a table on a sidewalk where there is at least eight
feet of width, provided that permission is granted by the owner/occupant
of the abutting business premises and provided the table does not
become an obstruction as defined herein.
Any object placed within a sidewalk shall be removable and shall
not be permanently attached to the sidewalk, and such object shall
be removed immediately upon written notice from a police officer to
the owner requiring the object's removal for safety reasons, for purposes
of construction or maintenance activities by the Town, or for purposes
of the convenience of pedestrians.
The Chief of Police or designated agent shall have the authority
to order removal of any object deemed to be an obstruction under this
article. The Chief of Police or designated agent shall also have the
authority to order removal of any object if its owner fails to comply
with written notice of removal provided by the Town or an order to
enforce the provisions of this article.
A person or entity which locates, places or installs any object
within, on, or over the sidewalk shall indemnify and hold harmless
the Town of Camden for any damage to persons or property resulting
from the placement of said object on the sidewalk, and for any liability
or for damage to said object resulting from routine maintenance of
the sidewalk or the public ways by the Town.
Any violation of any provision of this article shall be a civil
violation for which penalty may be adjudged upon complaint by the
municipality to the District Court. Each day during which said violation
continues shall constitute a separate offense, which shall subject
the violator to a fine of $100 for each day of violation. Prior to
filing a complaint in the District Court, the Chief of Police shall
provide a written notice to any person violating this article, and
said person shall be given an opportunity to immediately and upon
receipt of said order abate the violation; except that for repeat
violations, no such notice need be given and the Town may proceed
directly to District Court. Any person found by the Court to have
violated the provisions of this article shall pay the reasonable costs
and attorney fees of the Town of Camden for prosecution of said violation.
Further, the Town may seek permanent injunctive relief regarding any
object or bench that is placed in violation of the terms of this article
or that creates a nuisance or is a safety hazard.
