The purpose of this "Ordinance Restricting Vehicle Weight on
Posted Ways" (hereinafter, "this article") is to prevent damage to
Town ways and bridges in the Town of Casco 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 chapter 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 chapter. Any words not defined therein shall be given their
common and ordinary meaning.
This chapter shall be administered and may be enforced by the
municipal officers or their duly authorized designee [such as road
commissioner, code enforcement officer or law enforcement officer].
Any violation of this chapter 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.
This chapter may be amended by the municipal officers at any
properly noticed meeting.
In the event any portion of this chapter is declared invalid
by a court of competent jurisdiction, the remaining portions shall
continue in full force and effect. This chapter shall take effect
immediately upon enactment by the municipal officers at any properly
noticed meeting.