[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.]
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; 4-21-2020]
The Board of Selectmen, in accordance with 30-A
M.R.S.A. § 3009, hereby enacts the following chapter regulating
the operation of vehicles used for the conveyance of persons or property
on a way, including taxicabs and the designation of locations for
taxicab stands, lunch wagons, ice cream trucks and other conveyances
motorized or powered otherwise within the Town of Wells, Maine.
As used in this chapter, the following terms
shall have the meanings indicated:
A previously public way for which the Town of Wells has approved
a notice of presumption of abandonment, pursuant to 23 M.R.S.A. § 3028,
as amended, and over which the Town retained a public easement. An
abandoned road is not a road that has been discontinued by the Town
under 23 M.R.S.A. § 3026-A, as amended.
[Added 9-18-2018]
For the purposes of this section, "bicycle" is a device used
for conveyance of persons and operated by a person usually seated
on a seat and driven on the ground on wheels by the operator. Operators
of bicycles must follow the Rules of the Road as described in 29-A
M.R.S.A. § 2063.
[Added 4-21-2020]
The Police Chief of the Town of Wells or an authorized designee.
[Added 8-20-2002]
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]
Individuals who are routinely engaged in commercial fishing.[1]
[Added 6-1-2010]
"Electric personal assistive mobility device" means a self-balancing,
nontandem two-wheeled device, (such as a Segway) designed to transport
only one person, with an electric propulsion system that limits the
maximum speed of the device to 15 miles per hour or less (29-A M.R.S.A.
§ 101.22-A). These devices are designed for and intended
to be used as a means of transportation for a person with a mobility
impairment and are suitable for use both inside and outside a building,
including sidewalks.
[Added 4-21-2020]
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]
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]
Any single parcel or combination of contiguous parcels that
are owned or controlled by a single entity or affiliated entities.
[Added 1-16-2018]
"Motorized wheelchair" and "Motorized scooter" means a battery-powered
device consisting of three or more wheels, powered by a motor having
a maximum piston displacement of less than 25 cubic centimeters or
an electric motor with a capacity not exceeding 750 watts, designed
and sold exclusively for the transportation of an individual with
a physical disability.
[Added 4-21-2020]
A self-propelled vehicle not operated exclusively on tracks,
but does not include: a snowmobile, all-terrain vehicle, motorized
wheelchair, an electric personal assistive mobility device or an electric
bicycle (29-A M.R.S.A. § 101.42).
[Amended 9-18-2018; 4-21-2020]
"Off-road vehicle" means a motor-driven, off-road, recreational
vehicle that, because of the vehicle's design and configuration, does
not meet the inspection standards of 29-A M.R.S.A. Chapter 15, that
was originally designed by the manufacturer for and is capable of
cross-country travel. "ATV" includes, but is not limited to, multitrack,
multiwheel or low pressure tire vehicle; a motorcycle or related two-wheel,
three-wheel or belt-driven vehicle; an amphibious machine; or other
means of transportation deriving motor power from a source other than
muscle or wind. "ATV" does not include a motor vehicle as defined
in 29-A M.R.S.A. § 101-42 (12 M.R.S.A. Chapter 933, § 13001.3,
Definitions).
[Added 4-21-2020]
To offer for sale food, beverage, and other permitted items
from a food truck.
[Added 1-16-2018]
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]
Any person operating or permitted to operate a food truck.
[Added 1-16-2018]
A person owning any taxicab used in the taxi business.
[Added 8-20-2002]
Includes an individual, partnership, corporation or other
legal entity.
[Added 8-20-2002]
The public interest remaining following the Town's determination that a road has been abandoned. The general public may pass over a public easement by foot but may not pass over a public easement in a motor vehicle, except as allowed by § 212-5G of the Town Code.
[Added 9-18-2018]
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]
A recreational vehicle, often abbreviated as "RV," is a motor
vehicle or trailer which includes living quarters designed for accommodation.
Types of RVs include motorhomes, campervans, caravans (also known
as "travel trailers" and "camper trailers"), fifth-wheel trailers,
popup campers and truck campers.
[Amended 4-21-2020]
A vehicle not in motion, whether occupied, motor running,
in gear or not.
[Added 6-1-2010]
Includes all public ways and public easements.[2]
[Amended 11-7-2000]
The number of owners of real property abutting an abandoned
road from whom written permission is required before a gate, bar,
or other encumbrance may be placed across an abandoned road.
[Added 9-18-2018]
In the case of an encumbrance to be placed across a section of Green Road, Newhall Road, or Hill Road, as further defined in § 212-16D, below, a "sufficient number" shall be defined as a majority of all owners of real property abutting Green Road, Newhall Road, and Hill Road.
In the case of an encumbrance to be placed across any other
abandoned road, a "sufficient number" shall be defined as the majority
of all owners of real property abutting that abandoned road.
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]
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]
A person who operates a taxicab.
[Added 8-20-2002]
The Town of Wells, Maine.
[Added 8-20-2002]
The Wells Town Clerk or a duly authorized designee.
[Added 8-20-2002]
"Vehicle" means a device for conveyance of persons or property
on a way. "Vehicle" does not include conveyances propelled or drawn
by human power or used exclusively on railroad tracks or snowmobiles
as defined in 12 M.R.S.A. § 13001 or an electric personal
assistive mobility device.
[Amended 4-21-2020]
[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.
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:
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.
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, roller-skiing, skateboarding, roller-blading/in-line skating, the use of hoverboards, Razor scooters and toy vehicles, whether propelled by muscle or motor; or frisbee or ball throwing on any street or bridge, which includes on raised sidewalks, pedestrian walk areas, ramps, street rights-of-way, gravel lanes and shoulders and pedestrian seating and entrance areas to the beach: within the Town or in the Wells Beach Casino parking lot. (Motorized wheelchairs and motorized scooters as defined in § 212-3, Definitions, of this chapter are exempt.)
[Amended 4-21-2020]
G.
No person shall operate a motor vehicle on or over an abandoned road,
except that an owner of real property abutting an abandoned road,
or that owner's licensee or invitee, may operate a motor vehicle on
or over an abandoned road for the sole and exclusive purpose of accessing
that real property.
[Added 9-18-2018]
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]
(10)
No vehicle shall be parked or left standing attended or unattended (with the exception of those described in § 212-15A, B, and C, Parking exemptions) in such a manner that causes any part or overhang of the vehicle or its contents to protrude into any part of the travel lane, a pedestrian walkway or edge of pavement, that may necessitate any vehicle, bicycle or pedestrian to move further out into the travel lane, cross over into the oncoming lane or otherwise to avoid such protrusion.
[Added 4-21-2020]
(11)
No
vehicle shall be parked, stopped or left standing attended or unattended
on any public way for the purpose of unloading or loading beach goers
and/or any of their beach accessories.
[Added 4-21-2020]
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,
the Gross parking lot, at the Drakes Island parking lot (known as
the "Jetty parking lot") or in the designated parking spaces along
the seawall from 321 to 435 Webhannet Drive.
[Amended 11-4-2003; 4-21-2020]
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.
G.
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[2]]
H.
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]
I.
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]
J.
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]
K.
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]
L.
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; 6-18-2019; 7-2-2019; 4-21-2020]
A.
The following streets are hereby designated as parking zones [exceptions to § 212-6A(2)]:
|
Name of Street
|
Side
|
Limits
|
|---|---|---|
|
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
|
|
Main Street
[Added 4-21-2020] |
East
|
Between South Street and Harbor Road
|
|
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.
[Amended 3-25-1986; 7-5-1994; 7-3-2002; 6-1-2010; 4-21-2020]
A.
A law enforcement
officer may cause the removal to a suitable parking place, at the
expense of the registered owner, any vehicle which is illegally parked
and which is determined by a police officer to:
B.
With the exception of Subsection A(3), 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.
C.
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:
(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.
D.
The Chief
of Police is authorized to enter into an agreement with tow-crane
operators in order to establish uniform removal and storage fees.
E.
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.
F.
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.
[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 $50 if paid within 30 days of the violation or, if after 30 days and before a court summons is issued, a civil penalty of $100, to be paid to the Town of Wells Police Department. A collection agency may be used at the discretion of the Town. The fine amount for violations of § 212-6D (handicapped parking) shall match the state fine for violation of Maine Title 29-A, § 521-12.
[Amended 6-18-2019; 7-2-2019; 4-21-2020]
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; amended 1-16-2018; 4-21-2020]
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,
cable company, telephone, 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: ice cream trucks, commercial delivery/supply
vehicles (UPS, FedEx, U.S. Postal Service), commercial service vehicles
(a vehicle of which the principal use is the transportation of commodities,
merchandise, produce or freight or is engaged in the plumbing, electrical,
construction, landscaping, refrigeration, or repair business or trade).
At the discretion of the Police Chief or his/her designee, the fifteen-minute
parking exemption may be extended given the circumstances on a case-by-case
basis.
C.
The Chief
of Police may at his/her discretion provide temporary exemptions from
the Town Parking Ordinance for the purpose of accommodating public
events, special functions, and during emergency situations for humanitarian
reasons or other special circumstances.
[Added 9-18-2018]
A.
Purpose. The purpose of this section is to clarify the status and
proper use of previously public ways now considered abandoned by the
Town of Wells, and to balance the needs of the pubic to use these
roads with the need of private abutting landowners to protect their
property from unnecessary destruction. This section does not apply
to any road discontinued by the Town of Wells, pursuant to 23 M.R.S.A.
§ 3026-A, as amended.
B.
Use of remaining public easements. Following the recording of a notice of presumption of abandonment in the York County Registry of Deeds, no person shall use a public easement in a manner inconsistent with the provisions of § 212-5G of the Town of Wells Code of Ordinances.
C.
Placement of gates, bars, and other encumbrances on or over abandoned
roads.
(1)
No individual may place, install, or otherwise maintain a gate, bar,
or other permanent or temporary encumbrance on or over an abandoned
road unless and until the same is:
(2)
No such gate, bar, or other permanent or temporary encumbrance may
be approved by the Board of Selectmen unless and until the Board finds
that all owners of real property abutting such an abandoned road,
as well as the Town of Wells, have been provided sufficient ability
to unlock or otherwise pass through such an encumbrance. In the case
of any encumbrance placed across any portion of Green Road, Newhall
Road, or Hill Road, the Board of Selectmen shall ensure that all owners
of real property abutting all three roads have been provided sufficient
ability to unlock or otherwise pass through said encumbrance.
(3)
The Town may install and maintain gates, bars, or other permanent
or temporary encumbrances on or over abandoned roads at public expense
only after:
(5)
The Town may expend public funds to perform isolated acts of maintenance
on an abandoned road only after receiving a written request for such
act(s) signed by a sufficient number of owners of real property abutting
such an abandoned road. Such a request may be approved by the Board
of Selectmen only after written notice has been sent to all abutting
property owners, and after a public hearing on the request has been
conducted.
D.
Inventory of abandoned roads. The Board of Selectmen or the Board's designee shall keep and maintain a publicly available inventory of all roads deemed abandoned by the Town. This section shall be amended from time to time to reflect updates to said inventory. Currently, the abandoned roads as defined in § 212-3 within the Town of Wells are as follows:
(1)
Green Road, 1,900 feet from the intersection with Hickory Lane to
the intersection with Hill Road and Newhall Road;
(2)
Newhall Road, from a point in Newhall road which is 3,520 feet from
the intersection of Route 9B (Littlefield Road) to the intersection
with Green Road and Hill Road;
(3)
Hill Road, from Tatnic Road to the intersection with Newhall Road
and Green Road;
(4)
Sandy Lane, from Route 9A (Branch Road) 1,850 feet more or less to
the land of the Maine Turnpike Authority;
(5)
Taylor Road (now known as "Winchester Road"), from Loop Road, southeasterly
2,800 feet more or less to a gate;
(6)
Willow Way (formerly known as "Pike Road"), from the Merriland River,
northeasterly approximately 1,056 feet more or less to the end of
the pavement of the remainder of Willow Way.
