This chapter shall be known and may be cited as "Installations of Artificial Turf."
[HISTORY: Adopted by the Town Council of the Town of Cumberland 1-13-2025. Amendments noted where applicable.]
This chapter is enacted consistent with the Town of Cumberland's home rule authority, as set forth in 30-A M.R.S. § 3001, and Article VIII, Part Second of the Maine Constitution.
The purpose of this chapter is to protect the health, safety, and general welfare of the residents of the Town of Cumberland, as well as its ecosystems and natural resources, by prohibiting the installation of artificial turf containing synthetic infill as described below.
Except as specifically defined below, words and phrases used in this chapter shall have their customary meanings.
Any man-made surface manufactured from synthetic materials which simulate the appearance of live turf, grass, sod, or lawn.
Any material utilizing organic components, including but not limited to cork, coconut husks, rice husks, or silica sand.
Any man-made infill made from recycled or virgin materials including but not limited to acrylic sand, ambient and cryogenic crumb rubber, coated crumb rubber, ethylene propylene diene monomer granules, thermoplastic elastomer granules, and recycled footwear.
The installation or use of artificial turf containing synthetic infill materials is prohibited in the Town of Cumberland.
No artificial turf shall be installed in the Town of Cumberland without first receiving a permit from the Code Enforcement Officer. Applications for such permits shall contain a sworn statement that the installation shall not include the use of synthetic infill and shall contain a description of the type of infill proposed, if any, and a copy of manufacturer's specifications of the exact type of infill material used be produced prior to the issuance of any permit under this section.
A.
This chapter shall be enforced by the Code Enforcement Officer or their designee.
B.
The installation of artificial turf prior to receiving a permit from the Code Enforcement Officer, and the installation of artificial turf with synthetic infill, are violations of this chapter.
C.
Any person who violates any provision of this chapter shall be subject to a civil penalty of not less than $100 and not more than $2,500 for the first violation. The violator may be ordered to correct or abate the violation unless the court finds that such action will create a threat or hazard to public health or safety, substantial environmental damage, or substantial injustice. Each day that such a violation continues shall be considered a separate violation. Violations of this chapter may be enforced by the Town consistent with 30-A M.R.S. § 4452.
Decisions of the Code Enforcement Officer rendered under this chapter may be appealed within 30 days of said decision to the Board of Adjustment and Appeals, consistent with § 315-77 of this code.
Should any provision in this chapter be preempted by state statute or regulation, or otherwise be declared to be invalid by a court of competent jurisdiction, the remaining portions of this chapter shall continue with full force and effect.
This chapter shall take effect immediately upon adoption by the Town Council, consistent with Art. II, § 11(c) of the Council-Manager Charter of the Town of Cumberland.