Town of Wells, ME
York County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Selectmen of the Town of Wells 10-5-1982; amended in its entirety 6-26-1984. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 88.
Towing — See Ch. 207.
212a Appendix A
This chapter shall be known and may be cited as the "Revised Parking and Traffic Ordinance of the Town of Wells, Maine."
[Amended 4-10-1996; 8-20-2002]
The Board of Selectmen, in accordance with 30-A M.R.S.A. § 3009, hereby enacts the following chapter regulating the operation of vehicles, including taxicabs and the designation of locations for taxicab stands, within the Town of Wells, Maine.
As used in this chapter, the following terms shall have the meanings indicated:
CHIEF
The Police Chief of the Town of Wells or an authorized designee.
[Added 8-20-2002]
COMMERCIAL FISHING
A watercraft used in (a) attempting to catch fish or other marine animals or organisms with the intent of disposing of them for profit or trade in commercial channels, (b) charter boat fishing where the vessel is used for carrying sport anglers to available fishing grounds; and shall exclude fishing for personal use or noncommercial sport fishing. Commercial fishing shall include only those that work at least 90 calendar days per year out of Wells Harbor.
[Added 6-1-2010]
COMMERCIAL FISHERMEN
Individuals who are routinely engaged in commercial fishing.[1]
[Added 6-1-2010]
FOOD TRUCK
A vehicle or cart primarily providing food and drink for members of the public, in parking lots, outside the traveled way of a public or private street, or on private property pursuant to a properly approved site plan, which is not stationary but is capable of moving from site to site. The term "food truck" does not include ice cream trucks.
[Added 1-16-2018]
ICE CREAM TRUCK
A vehicle, not to exceed 20 feet in length and eight feet in width, from which the operator vends only pre-packaged frozen dairy or frozen water-based food products, soft serve, or hand-dipped frozen dairy products or frozen water-based food products, and pre-packaged beverages. No trailer or other such wheeled extension may be attached to an ice cream truck.
[Added 1-16-2018]
LOCATION
Any single parcel or combination of contiguous parcels that are owned or controlled by a single entity or affiliated entities.
[Added 1-16-2018]
MOTOR VEHICLE
Any self-propelled vehicle not operated exclusively on tracks, including motorcycles.
OPERATE
To offer for sale food, beverage, and other permitted items from a food truck.
[Added 1-16-2018]
OPERATE WITHIN THE TOWN
The act or business of picking up a person(s) in a taxicab within the Town of Wells for transportation to locations within or outside the Town. Operation within the Town does not include the discharge of a person(s) from a taxicab within the Town, provided the trip originated outside the Town.
[Added 8-20-2002]
OPERATOR
Any person operating or permitted to operate a food truck.
[Added 1-16-2018]
OWNER
A person owning any taxicab used in the taxi business.
[Added 8-20-2002]
PERSON
Includes an individual, partnership, corporation or other legal entity.
[Added 8-20-2002]
PUBLIC WAY
Public way means a way, owned and maintained by the state, a county or a municipality, over which the general public has a right to pass. This includes the area of the Town’s right-of-way along the side of each public way.
[Amended 11-7-2000; 6-1-2010]
RECREATIONAL VEHICLE
Includes, but is not limited to, motor homes, campers, motorcycles, motorbikes, minibikes, off-the-road bikes or dirt bikes, so-called, four-wheel-drive vehicles and snowmobiles.
STANDING VEHICLE
A vehicle not in motion, whether occupied, motor running, in gear or not.
[Added 6-1-2010]
STREET
Includes all public ways and public easements.[2]
[Amended 11-7-2000]
TAXICAB
A motor vehicle used for the transportation of one or more individuals for compensation, but excluding buses, trolleys, carpools, and vehicles commonly referred to as "limousines."
[Added 8-20-2002]
TAXICAB COMPANY
A person engaged in the business of operating more than one taxicab within the Town or of employing or otherwise authorizing one or more persons to operate a taxicab within the Town.
[Added 8-20-2002]
TAXICAB OPERATOR
A person who operates a taxicab.
[Added 8-20-2002]
TOWN
The Town of Wells, Maine.
[Added 8-20-2002]
TOWN CLERK
The Wells Town Clerk or a duly authorized designee.
[Added 8-20-2002]
VEHICLE
Includes all kinds of conveyances on ways for persons and for property, including those propelled or drawn by human power.
[1]
Editor’s Note: The former definition of “mobile selling unit,” which immediately followed this definition, was repealed 1-16-2018.
[2]
Editor's Note: The definitions of "taxicab," "taxicab company," and "taxicab operator," added 8-20-2002, which immediately followed this definition, were repealed 6-1-2010.
[Added 8-20-2002[1]; amended 9-3-2002; 1-16-2018]
A. 
Purpose and authority. The purpose of this § 212-4 is to prevent damage to streets and bridges in the Town of Wells, 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 streets and bridges, and to reduce the public expense of their maintenance and repair. This chapter is adopted by the Wells Board of Selectmen pursuant to 30-A M.R.S.A. § 3009 and 29-A M.R.S.A. §§ 2395 and 2388.
B. 
Definitions. Terms used in § 212-4 which are undefined in this chapter shall be given the meanings assigned to them by Title 29-A of the Maine Revised Statutes Annotated, as amended. Said Title 29-A shall also govern the construction of such words. Any terms undefined by this chapter and in Title 29-A shall be given their common and ordinary meanings.
C. 
Restrictions and notices.
(1) 
The municipal officers may, either permanently or seasonally, impose such restrictions on the gross registered weight of vehicles as may, in their judgment, be necessary to protect the traveling public and prevent abuse of the highways, and designate the Town streets and bridges to which the restrictions shall apply.
(2) 
Whenever notice has been posted as provided herein, no person may thereafter operate any vehicle with a gross registered weight in excess of the restrictions during any applicable time period on any street or bridge so posted unless otherwise exempt as provided herein.
(3) 
Pursuant to 29-A M.R.S.A. § 2395, as amended, the notice shall contain, at a minimum, the following information:
(a) 
The name of the street or bridge;
(b) 
The time period during which the restriction applies;
(c) 
The date on which the notice was posted;
(d) 
The signature of the Road Commissioner; and
(e) 
A reference to the Road Commissioner's authority to exempt the road or bridge from restriction depending on temperature and road conditions. The notice shall be conspicuously posted at each end of the restricted portion of the street or bridge in a location clearly visible from the travelled way.
D. 
Exemptions. The following vehicles are exempt from this chapter:
(1) 
Any emergency vehicle, e.g., a firefighting apparatus or ambulance, while responding to an emergency or routine training or maintenance activities;
(2) 
Any vehicle engaged in highway maintenance or repair under the direction of the State of Maine or the Town of Wells;
(3) 
Any school transportation vehicle while transporting students;
(4) 
Any public utility vehicle while providing emergency service or repairs;
(5) 
Any tow truck or wrecker transporting a vehicle of legal weight from a posted highway;
(6) 
Any vehicle delivering home heating fuel, provided that any such vehicle is operating in accordance with a permit issued by the Maine Department of Transportation under 29-A M.R.S.A. § 2395(4);
(7) 
During a declared drought emergency, any vehicle transporting well-drilling equipment for the purpose of drilling a replacement well or for improving an existing well;
(8) 
Any two-axle vehicle registered for a gross weight in excess of 23,000 pounds and less than or equal to 34,000 pounds that is carrying any of the following:
(a) 
Petroleum;
(b) 
Groceries;
(c) 
Bulk milk;
(d) 
Solid waste;
(e) 
Animal bedding;
(f) 
Returnable beverage containers;
(g) 
Sewage from private septic tanks or porta-potties; or
(h) 
Medical gases.
E. 
Permits. The owner or operator of any vehicle not otherwise exempt as provided in Subsection D above may apply, in writing, to the Director of Public Works, or his/her designee, for a permit to operate on a posted way or bridge notwithstanding the restriction.
(1) 
Factual findings required: The Director of Public Works, or his/her designee, may issue a permit only upon making all of the following findings:
(a) 
No other route is reasonably available to the applicant;
(b) 
It is a matter of economic necessity and not mere convenience that the applicant use the way or bridge; and
(c) 
The applicant has tendered cash, a bond, or other suitable security running to the Town of Wells in an amount sufficient, in the opinion of the Director of Public Works of his/her designee, to repair any damage to the way or bridge which may reasonably result from the applicant's use of the same.
(2) 
Permit applications denied notwithstanding factual findings. Even if the Director of Public Works or his/her designee makes the above findings, he/she need not issue a permit if they determine that the applicant's use of the way or bridge could reasonably be expected to create or aggravate a safety hazard or cause substantial damage to a way or bridge maintained by the Town of Wells. He/she may also limit the number of permits issued or outstanding as may, in his/her judgment, be necessary to preserve and protect the Town's highways and bridges. In making such determinations, the Director of Public Works or his/her designee shall consider the following factors:
(a) 
The gross registered weight of the vehicle;
(b) 
The current and anticipated condition of the way or bridge;
(c) 
The number and frequency of vehicle trips proposed;
(d) 
The cost and availability of materials and equipment for repairs;
(e) 
The extent of use by other exempt vehicles; and
(f) 
Such other circumstances, if any, in their judgment, be relevant.
(3) 
Reasonable conditions allowed. The Director of Public Works or his/her designee may issue permits subject to reasonable conditions, including but not limited to restrictions on the actual load weight of a permitted vehicle and the number or frequency of vehicle trips. Such conditions shall be clearly noted on the issued permit.
F. 
Administration and enforcement. This § 212-4 shall be administered and may be enforced by the municipal officers, the Director of Public Works, or any duly authorized law enforcement officer.
G. 
Penalties. Notwithstanding the penalty for violations of other sections of this chapter as set forth in § 212-12 hereof, any violation of this section shall be a civil violation subject to a civil penalty of not less than $250 nor more than $1,000. Each violation shall be deemed a separate offense. In addition to any penalty, the Town may seek restitution for the cost of repairs to any damaged street or bridge, to the extent that such damage is not covered by bond provided by a permit applicant as outlined in Subsection E(1)(c) above, and reasonable attorney fees and costs. Prosecution shall be in the name of the Town and shall be brought in Maine District Court.
H. 
Severability; effective date.
(1) 
In the event that any portion of this § 212-4 is declared invalid by a court of competent jurisdiction, the remaining portions shall continue in full force and effect.
(2) 
This amendment shall take effect immediately upon enactment by the municipal officers at any properly noticed meeting.
[1]
Editor's Note: This ordinance also redesignated former §§ 212-4 through 212-11 as §§ 212-5 through 212-12, respectively.
A. 
No person shall operate a motor vehicle upon any street so as to make or cause any loud, unusual or unnecessary noise against the peace, quiet and good order of the community.
B. 
No person shall operate any vehicle at a speed in excess of any posted speed limits on any street.
C. 
No person shall operate a vehicle in excess of 10 miles per hour in any Town parking lot.
[Amended 11-7-2000]
D. 
No motor vehicles shall be operated on the ocean beaches, Ell Pond Beach or any public way adjacent to the beaches, with the exception of emergency vehicles, Wells Highway Department vehicles or those vehicles used to launch or retrieve watercraft. However, the Town Manager may grant to certain individuals permission to use a vehicle to harvest seaweed or other sea products.
E. 
It shall be unlawful at any time for any person or persons to engage in roller-skating, skateboarding or frisbee or ball throwing on any street or bridge within the Town or in the Wells Beach Casino parking lot.
F. 
It shall be unlawful at any time for a person or persons to engage in rollerblading/in-line skating in the following public areas, which includes on sidewalks, pedestrian walk areas, ramps, street rights-of-way, gravel lanes and shoulders and pedestrian seating and entrance areas to the beach:
[Added 8-1-1995]
(1) 
Entire length of Mile Road from Route 1 to Casino Square parking area.
(2) 
Casino Square parking area from Mile Road to Ledge Lane.
[Amended 6-1-2010]
A. 
No person shall park or leave standing any vehicle, including but not limited to any food truck, on or at any of the following:
[Amended 8-27-1985; 5-20-1986; 1-16-2018]
(1) 
On any sidewalk or any public right-of-way to the beaches.
(2) 
Upon any paved or traveled portion of any public way, unless otherwise posted.
[Amended 6-1-2010]
(3) 
Upon the traveled portion of any gravel street.
(4) 
Within 15 feet either side of a fire hydrant.
(5) 
Within 20 feet in any direction of any intersection.
(6) 
In such a manner as to interfere with passage of a vehicle in or out of any driveway or public way.
(7) 
In any place where, as per order of the Selectmen, no parking signs have been posted or streets have been so marked or curbs have been painted yellow.
(8) 
In any place where the Police Chief has ordered the posting of emergency "no parking" signs. The Police Chief may prohibit parking along any street when parking would interfere with temporary events, such as parades or festivals, or in an emergency, when in the Police Chief's opinion parked vehicles would interfere with traffic movement or public safety. "No parking" signs shall be removed at the end of the temporary event or when the emergency has passed.
[Added 9-2-2003]
(9) 
Upon any paved or traveled portion of any private road or way so as to impair, impede or block access for any emergency vehicle.
[Added 6-1-2010]
B. 
No person shall stop, stand or park a vehicle other than between designated parking lines as provided in any public parking area that is so marked. Whenever possible, motorcycles, mopeds and other motor-driven cycles shall use designated parking spaces.
C. 
It shall be illegal to park any vehicle except a passenger car, motorcycle, pickup truck without protrusions or recreational vehicle measuring less than 20 feet in length at the Wells Beach parking lot (known as the "Casino parking lot"), the Gold Ribbon parking lot or at the Drakes Island parking lot (known as the "Jetty parking lot").
[Amended 11-4-2003]
D. 
It shall be illegal to park a vehicle, other than one displaying a handicapped placard or plate, in a space designated for the handicapped.
E. 
It shall be illegal to park or leave standing any vehicle in any of the Town's parking lots from 11:00 p.m. until 6:00 a.m. This section applies to any Town parking lot or a parking lot managed by the Town pursuant to an agreement with the owner allowing public parking in the lot, regardless of whether a fee is charged for parking. This section shall not apply to any person authorized to park in the area of the Eastern Shore Parking Lot and the Wells Harbor Parking Lot. Without the written permission of the Wells Police Department, overnight parking at the Wells Harbor Parking Lot and Eastern Shore Parking Lot is limited to 72 consecutive hours while actively engaged in commercial fishing.
[Amended 7-3-2002; 6-1-2010]
F. 
It shall be illegal for any person to sleep in any motor vehicle located on any public way or in any of the Town's parking lots between the hours of 11:00 p.m. and 6:00 a.m., unless special provisions are made in advance with the Town.
[Added 7-19-2016[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections F through I as Subsections G through J, respectively.
G. 
No person shall park or leave standing, attended or unattended, any food truck on any public way or parking lot, unless pursuant to a valid outdoor festival or special amusement permit, as outlined in Chapter 150 of this Code of Ordinances.
[Amended 1-16-2018]
H. 
From November 1 to April 1 of each year, no person shall park any vehicle within 10 feet of a paved way that is plowed by the Town during a winter storm and within 72 hours following it to allow proper cleanup to occur. A law enforcement officer may cause the removal to a suitable parking place, at the expense of the registered owner, of a vehicle interfering with snow removal. A reasonable effort shall be made to contact the owner of the vehicle prior to towing. A telephone call to the registered owner, if such owner can be determined, shall constitute a reasonable effort.
[Added 6-6-1995; amended 6-1-2010]
I. 
No person may stop, park or leave standing a vehicle at a taxicab stand established and designated pursuant to § 150-120 of this Code, except a taxicab operator assigned to the stand by the municipal officers.
[Added 8-20-2002; amended 6-1-2010]
J. 
The Town may designate and mark by appropriate signs, parking spaces for the use of the Town lifeguards. Parking in these areas shall be restricted from 9:00 a.m. to 5:00 p.m.
[Added 6-1-2010]
K. 
No person shall park or leave standing, attended or unattended, any ice cream truck on any public way or parking lot in excess of 15 minutes' duration. All such vehicles must leave the public way or parking lot for at least 30 minutes before reentering said public way or parking lot.
[Added 1-16-2018]
[Amended 6-1-2010]
The following streets are hereby designated as one-way streets. No person shall cause or permit a vehicle to move on or along any of the one-way streets designated below in an opposite direction to that in which traffic is permitted.
Name of Street
Direction
Limits
Gold Ribbon Drive
[Added 3-5-2013]
North
Entire length
Ledge Lane
West
From Wells Beach parking area to Church Street
Shady Lane
South
From CMP Pole #8 to the intersection of Eaton Avenue and Summit Terrace
[Amended 8-27-1985; 5-20-1986; 5-22-1990; 6-5-1990; 4-27-1995; 6-6-1995; 4-10-1996; ; 11-16-2004; 6-1-2010; 3-5-2013]
The following streets are hereby designated as no-parking zones:
A. 
The following streets are hereby designated as parking zones [exceptions to § 212-6A(2)]:
Name of Street
Side
Limits
Central Avenue
North
From fire station to Main Street
Gold Ribbon Drive
West
From 50 feet from both intersections of Webhannet Drive for a distance of 200 feet
Harbor Road
Both
Parking off the paved portion of the roadway is allowed
Ocean Avenue
East
15 minutes allowed between CMP Pole Nos. J-75 and J-74 for customer use
Webhannet Drive
East
Between CMP Pole Nos. J-39 and J-28 along the seawall
B. 
The following streets are hereby designated as restricted no parking zones. No parking within 10 feet of paved portion of public way unless otherwise posted [additional restrictions to § 212-6A(2)]:
Name of Street
Side
Limits
Bourne Avenue
Both
Entire length
Drakes Island Road*
Both
Entire length
Eldridge Road
Both
Entire length
Furbish Road
Both
Entire length
Island Beach Road
Both
Entire length
Mile Road
Both
Entire length
Post Road
Both
Entire length
Sanford Road (Route 109)
Both
Entire length
Notes:
* During shellfish harvesting season, this parking restriction shall be suspended on the north side of the road for those holding a valid shellfish license.
A. 
Inspection. Each taxicab operated in the Town shall have a current State of Maine inspection sticker at all times when operating in the Town.
B. 
Each vehicle operated as a taxicab within the Town shall be identified on the exterior of the vehicle as a taxicab and shall post a copy of the fares charged in the vehicle so that the fares are visible from the passenger section of the vehicle.
C. 
No taxicab operator may:
(1) 
Use abusive or profane language to or in the presence of a member of the public, the driver of another taxicab, a passenger or Town official, including a police officer while operating a taxicab;
(2) 
Keep a taxicab in an unsafe, unclean or unsanitary condition;
(3) 
Harass or interfere with the operation of any other taxicab operator;
(4) 
Stop or park a taxicab other than in a designated taxicab stand except in conformity with parking regulations and while actually picking up or discharging passengers; or
(5) 
Deceive or attempt to deceive any person with respect to the amount of a fare.
The municipal officers are hereby authorized to establish taxicab stands on such streets and in such places, including the Wells Transportation Center, and in such manner and numbers as the municipal officers determine appropriate to provide for the public convenience and to be of benefit to the public. Each taxicab stand shall be designated and the location identified by appropriate signage. The municipal officers may assign to licensed taxicab operators or companies or to a taxicab operator authorized to do business in Wells pursuant to Article XII of Chapter 150, Licenses and Permits, of this Code the right to engage in providing taxicab services using said stands for the benefit and convenience of the public. The municipal officers may revoke, alter or amend any established stand or any assignment to any established stand. The municipal officers may establish such rules for taxicab operators assigned to taxicab stands as the municipal officers determine are necessary or appropriate to the safe, efficient and fair operation of the taxicab stands.
[Added 9-15-1998]
A. 
Stop signs in place as of September 1, 1998. The Chief of Police shall prepare an inventory of all stop signs located at any intersection within the municipal boundaries of the Town of Wells and submit the inventory to the Board of Selectmen for review on or before January 4, 1999. The Board of Selectmen shall review the inventory list of stop signs and adopt the list with additions or deletions as appropriate following notice and hearing in the manner required for an amendment of this chapter.
B. 
Stop signs proposed after September 1, 1998. The Board of Selectmen may approve the location of any new stop sign at an intersection within the Town of Wells when the Board finds that a stop sign will promote the public safety, improve the flow of traffic or protect pedestrians, bicyclists or others using the streets. Anyone proposing a new stop sign at any intersection in Wells shall make a written request to the Board of Selectmen, outlining the reason for the request. The Board of Selectmen shall seek the written recommendation of the Police Chief regarding the proposed stop sign. After notice and hearing in the manner required for an amendment of this chapter, the Board of Selectmen may authorize the placement of a stop sign at any intersection, and the inventory of stop sign locations shall be updated to reflect the location of the new sign.
C. 
Stop sign inventory. The Inventory of Stop Signs, set forth in Appendix A to this chapter and as the same may be amended in accordance with this section, is incorporated herein and made a part of this chapter.
The Town of Wells Police Department is hereby authorized to enforce the provisions of this chapter and to issue tickets to violators thereof. Violators will be notified of any violation in the form of a parking ticket, said tickets to be designed by the Chief of Police.
A. 
Tow-away zones. In addition to the authority to remove vehicles delegated by Maine statutes, any Wells police officer may order the removal of any vehicle illegally parked in the following areas:
[Amended 3-25-1986; 7-5-1994; 7-3-2002; 6-1-2010]
(1) 
That portion of Bourne Avenue from the bridge to the intersection of Bourne Avenue and Ocean Avenue.
(2) 
That portion of Ocean Avenue from the intersection of Ocean Avenue and Bourne Avenue to the so-called "Moody parking lot" in Ogunquit.
(3) 
Any of the Town-owned public ways leading from Atlantic Avenue or Ocean Avenue to the Atlantic Ocean.
(4) 
Any of the Town-owned parking lots or any parking lot managed by the Town pursuant to an agreement with the owner allowing public parking in the lot, whether or not a fee is charged for parking.
(5) 
The portion of Bald Hill Road on both sides from the intersection of Quarry Road south 500 feet and on Quarry Road west 1,100 feet from the intersection of Bald Hill Road on both sides.
B. 
The Chief of Police is authorized to enter into an agreement with tow-crane operators in order to establish uniform removal and storage fees.
C. 
The Town shall notify the registered owner of the vehicle by personal delivery in hand by a police officer or by certified mail, return receipt requested, to the address available from the Motor Vehicle Registration Department of the state in which the vehicle is registered, provided that the vehicle is not claimed within 24 hours.
D. 
Prior to the release of any impounded vehicle, the owner or operator shall pay all outstanding fines and penalties, as well as removal and storage fees.
[1]
Editor's Note: See also Ch. 207, Towing.
[Amended 6-1-2010]
A. 
Whoever violates or fails to comply with the provisions of any section of this chapter shall be guilty of a traffic infraction and shall be punished by a civil penalty of $35 if paid within 30 days of the violation or, if after 30 days and before a court summons is issued, a civil penalty of $70, to be paid to the Town of Wells Police Department. The fine amount for violations of § 212-6D (handicapped parking) shall match the state fine for violation of Maine Title 29-A, § 521-12.
B. 
A summons may be issued answerable to the appropriate District Court of Maine, for any violation of this chapter, and if the civil penalty is not paid to the Town of Wells Police Department before a summons is issued, the violator shall be subject to a civil penalty of not less than $100 and not more than $150, to be recovered for the use of the Town of Wells. For the purpose of this ordinance, the registered owner of a vehicle shall be deemed to be the responsible party, with the exception of rental vehicles if the rental company furnishes the name of the person renting the vehicle at the time of the parking violation.
C. 
All money collected under this chapter shall be turned over to the Town Treasurer for use of said Town.
[Added 6-1-2010]
A. 
Vehicles exempt from the Town Parking Ordinance include the following when used in the scope of their duties: emergency vehicles (i.e., police, fire, ambulance, EMT) and public utility vehicles (water district, power company, street maintenance).
B. 
Vehicles which are allowed up to fifteen-minute parking when used in the scope of their employment as long as not to prevent access to/for emergency vehicles include: commercial delivery/supply vehicles (UPS, FedEx, U.S. Postal Service), commercial service vehicles (cable, telephone, landscaping) and ice cream trucks.
[Amended 1-16-2018]