Except when necessary in obedience to traffic
regulations, traffic signs or signals, it shall be unlawful and a
violation of this chapter for any person:
A.
Positioning of vehicle. To stop, stand or park a vehicle
in a roadway other than parallel with the edge of the roadway, headed
in the direction of traffic and with the curbside wheels of the vehicle
within six inches of the edge of the roadway, except as provided in
the following: upon those streets which have been marked or signed
for angle parking; and in places used for the loading or unloading
of merchandise or materials, the vehicles used for the transportation
of the same may back into the curb but not onto the curb whenever
it is impossible to load or unload from the side of the vehicle, but
no vehicle shall remain backed up to the curb except when actually
loading or unloading.
B.
Parking within an individual space. To park a vehicle
so that such vehicle is not entirely within an individual parking
space specified and marked off. Vehicles shall not take up more than
one parking space.
[Amended 5-4-2024 ATM by Art. 23]
C.
To park for more than 24 consecutive hours other than
in the designated Howard Street Parking Lot (Zone 2). No vehicle shall
be left in any Town-controlled parking lot other than Howard Street
Parking Lot (Zone 2) for more than 24 consecutive hours without written
permission from the Police Department.
[Amended 5-13-2008; 5-4-2024 ATM by Art. 23]
D.
Mobile home, camper trailer or bus parking. To park
any mobile home, house trailer, boat trailer, utility trailer, camper
trailer, or bus in any public parking lots or on the Byway, Wharf
Street, or Bridge Street, except in the Howard Street Parking Lot
with permission from the Police Department.
[Amended 5-13-2008; 5-4-2024 ATM by Art. 23]
It shall be unlawful and in violation of this
chapter for any person:
A.
Parking prohibited at all times. To stop, stand or park a vehicle on the streets, portions of streets or off-street parking areas owned or leased by the Town of Boothbay Harbor, duly marked or posted and which are described or specified in Schedule III (§ 160-40), and have so been designated by the Town Manager and approved by order of the Selectmen. Said schedule shall be maintained by the Town Clerk and available for public inspection at any reasonable hour. Any portion of the areas specified in Schedule III may be designated by the Chief of Police, subject to approval by order of the Selectmen, as "tow-away zones." Such zones shall be appropriately signed. Any vehicle found in such zones shall immediately be removed and stored in accordance with the procedure established under § 160-36C through F of this chapter. Said schedule has been described in Schedule III, which is attached to and incorporated as a part of this chapter.
B.
Parking is limited to four hours. To stop, stand,
or park a vehicle for more than four hours between 8:00 a.m. and 8:00
p.m., except when authorized by the Police Department.
[Amended 5-4-2024 ATM by Art. 23]
D.
Parking is limited to two hours. To stop, stand, or
park a vehicle for more than two hours between 8:00 a.m. and 8:00
p.m., except when authorized by the Police Department.
[Amended 5-4-2024 ATM by Art. 23]
G.
Parking prohibited except for loading and unloading. To stop, stand or park a vehicle, whether occupied or not, at any time except while with all dispatch actually engaged in the process of loading or unloading or taking on or discharging passengers within any of the spaces described or specified in Schedule VI (§ 160-46), and which are duly marked or posted, when designated by the Town Manager and approved by order of the Selectmen. Said schedule shall be maintained by the Town Clerk and available for public inspection at any reasonable hour. Said schedule has been described in Schedule VI, which is attached to and incorporated as a part of this chapter.
H.
To park within 16 feet of a fire hydrant.
[Amended 5-4-2024 ATM by Art. 23]
I.
Parking prohibited in driveways, sidewalks and esplanades.
To stop, stand or park a vehicle so as to interfere with or hinder
the ingress or egress to and from a driveway in the Town of Boothbay
Harbor; or to stop, stand or park a vehicle on any portion or park
of a public sidewalk or esplanade. Any law enforcement officer of
the Boothbay Harbor Police Department is hereby authorized to remove
and tow away or have removed and towed away by any commercial towing
service any vehicle parked in violation of this subsection and to
have said vehicle placed in a suitable parking place, all at the expense
of the owner of the vehicle.
J.
Continuous parking prohibited. Notwithstanding the provisions of § 160-30, it shall be unlawful to park a vehicle on any public way, public parking area or public land for a continuous period exceeding 24 hours without written permission from the Chief of Police or delegate. Any law enforcement officer of the Boothbay Harbor Police Department is hereby authorized to remove and tow away or have removed and towed away by any commercial towing service any vehicle parked in violation of this subsection and to have said vehicle placed in a suitable place, all at the expense of the owner of such vehicle.
[Amended 5-13-2008]
K.
Parking for handicapped. To stop, stand or park any vehicle not displaying a valid handicapped license plate or placard issued under 29 M.R.S.A. § 252 or a similar plate issued by another state on those streets or portions or streets or in those portions of parking areas duly posted and which are described or specified in Schedule X (§ 160-47), and have been so designated by the Town Manager and approved by order of the Selectmen. Said schedule shall be maintained by the Town Clerk and available for public inspection at any reasonable hour. Said schedule has been described in Schedule X, which is attached to and incorporated as a part of this chapter.
L.
Fish Pier parking.
(1)
User parking is permitted on or about the town's Fish
Pier for the purpose of loading or off-loading supplies, materials,
equipment or the servicing of a boat at the pier providing the parking
does not exceed eight hours attended parking or two hours unattended
parking.
(2)
Attended parking. As used in this section, "attended
parking" will mean that the operator must be present in a boat at
the pier or working on the pier.
(3)
Unattended parking. As used in this section, "unattended
parking" will mean the vehicle operator need not be present on the
pier or in a boat at the pier; however, a responsible person must
be on the premises in the operator's absence or the vehicle must be
readily operable.
It shall be unlawful and in violation of this
chapter between November 15 and March 31 of each calendar year, for
any person:
A.
Nighttime parking prohibited. To stop, stand or park
or allow to remain a vehicle in or upon any public way, as defined
in 17-A M.R.S.A. § 505, public square or public parking
area within the Town of Boothbay Harbor between the hours of 2:00
a.m. and 6:00 a.m., Eastern standard time or Eastern daylight time,
as may then be in effect. Exceptions shall be on a temporary basis
for special events, meetings or functions at such times, dates and
locations as may be authorized by special permit issued by the Chief
of Police.
B.
Winter snow operations; snow removal. Notwithstanding the provisions of § 160-30A above, no person shall, stand or park or allow to remain a vehicle in or upon any public way, as defined in 17-A M.R.S.A. § 505, public square or public parking area within the Town of Boothbay Harbor during any hour of the day so as to interfere with or hinder with the removal of snow by the town from such way, square or parking area. Any vehicle found to be parked in violation of this subsection may be removed and placed in a suitable parking place in accordance with the procedures described in 29 M.R.S.A. § 1111.
[Amended 5-13-2008]
The Town Manager is hereby authorized and directed to place, install and remove parking meters upon the curbside of on-street individual parking places as designed, designated and marked off under the provisions of this article and to place, install and remove parking meters in individual parking places designated and marked off in off-street public parking areas owned, leased or operated by the Town of Boothbay Harbor. All such meters shall comply with the conditions as set forth in the first paragraph of § 160-1, definition of "Individual parking space," and said meters shall be under the management, supervision and control of the Town Manager of the Town of Boothbay Harbor.
A.
Establishment of parking meter zones and dates of
enforcement. On-street and off-street parking meter zones and date
of operation/enforcement shall be established by the Town Manager
with the approval by order of the Selectmen. The Town Clerk shall
maintain a schedule of all such approved parking meter zones. There
shall be three parking meter zones for on-street and off-street parking,
which shall be designated as follows:
[Amended 5-13-2008; 5-4-2024 ATM by Art. 23]
(1)
Two-hour zones. Parking in this zone for more than
two hours during the hours of 8:00 a.m. and 8:00 p.m. shall be unlawful
and in violation of this Article.
(2)
(Reserved)
(3)
(Reserved)
(4)
Four-hour metered zones. Parking in this zone for
more than four hours during the hours of 8:00 a.m. to 8:00 p.m. shall
be unlawful and in violation of this Article.
(5)
(Reserved)
(6)
(Reserved)
(7)
Designation of metered zones. The streets, portion
of streets or off-street parking lots to be included in each zone
shall be designated by the Town Manager and approved by order of the
Selectmen. The Town Clerk shall maintain at all times a record of
the areas included in each metered zone.
(8)
Dates of parking enforcement. The dates of enforcement
of on-street and off-street parking zones shall be designated by the
Town Manager and approved by order of the Selectmen. The Town Clerk
shall maintain at all times a record of the date of operation of each
meter zone.
B.
Time limitations. The provisions of Subsection A shall not apply to vehicles parked in on-street or off-street individual metered parking spaces within the areas hereinabove designated, when such vehicles are parked between the hours of 8:00 p.m. and 8:00 a.m., every day of each week.
[Amended 5-4-2024 ATM by Art. 23]
C.
Covering meters. Whenever, in the opinion of the Town
Manager, there is sufficient justification for the establishment of
a reserved zone, s/he may, upon the written application for any person
owning or operating a place of business fronting on a meter zone,
upon recommendation of the Chief of Police, authorize the Chief of
Police to issue to the applicant a device or cover to be used for
concealing a parking meter head at such times as it may be necessary
for the purpose of reserving a parking space or spaces. It shall only
be used when necessary to reserve parking space or spaces for the
purpose issued and for a period not to exceed four consecutive hours.
E.
Meter violations. It shall be unlawful and a violation
of this Article for any person to:
(1)
Park or permit to remain parked a vehicle in a metered
parking space when the time signal on the parking meter for such space
indicates that the permissible parking time has expired.
(2)
Park a vehicle in a metered parking zone for a period
of time exceeding the maximum time established for parking in said
zone.
F.
Willful damage to parking meters prohibited. It shall
be unlawful and a violation of this Article for any person to deface,
injure, tamper with, open or willfully break, destroy or impair the
usefulness of any parking meter installed under the provisions of
this Article.
Truck zones for the loading and unloading of
merchandise may be established by the Chief of Police with the approval
by order of the Selectmen. Said zones may include areas where double
parking will be permitted for not more than 20 minutes. It shall be
unlawful and a violation of this Article for any passenger vehicle
to park in such truck zones. It shall also be unlawful and a violation
of this Article for a truck to park in such truck zones for a period
of time longer than is required for the loading and unloading of merchandise.
The Board of Selectmen is hereby authorized
and directed to designate and mark off individual parking spaces along
streets and in off-street public parking areas, as it deems necessary.
[Amended 5-4-2024 ATM by Art. 23]
In accordance with 30-A M.R.S. § 3009(1)(c),
the fact that a vehicle is in a metered parking space when the time
signal on the parking meter for such space indicates no parking permitted
without the deposit of a credit or debit card shall be prima facie
evidence that said vehicle has been parked in said parking space longer
than the lawfully permitted period. In addition, the fact that a vehicle
is unlawfully parked shall be prima facie evidence of the unlawful
parking of such vehicle by the person in whose name such vehicle is
registered.
[Amended 5-13-2008; 5-4-2024 ATM by Art. 23]
A.
Any person accused of a violation of any portion of the parking ordinances may voluntarily waive his or her right to appear and defend before any court or judicial tribunal the charge made against him or her for such illegal parking by paying to the municipality the sum of the face value of the ticket within 15 days of the time such alleged offense was committed. If the sum is not paid within 15 days of the alleged offense, a late fee will be charged under Subsection F.
B.
(Reserved)
C.
(Reserved)
D.
(Reserved)
E.
Any person accused of a violation for unauthorized parking in a designated handicapped parking area (§ 160-47, Schedule VII) may voluntarily waive his or her right to appear and defend before any court the charge made against him or her for any such illegal parking by paying to the Town a fine consistent with the amount set forth by Maine State Statutes for handicapped parking in 30-A M.R.S. § 3009. If the sum is not paid within 15 days of the alleged offense, a late fee will be charged under Subsection F.
F.
Nonpayment of fines, charges, or late fees shall be
assessed and collected by the processing and management company set
in place. The processing company shall take the necessary action to
recoup the fines and fees.
A.
Purpose. This chapter is enacted as an enforcement
procedure for promotion and protection of the public peace, safety
and welfare and the safeguarding of property and shall be used generally
for the prevention and removal of traffic hazards, prevention and
abatement of public nuisances arising from traffic infractions and
for the protection of the public rights in the use of city streets,
thoroughfares, parking areas, parking lots and public ways.
(1)
Notice. Written notice shall be mailed to the owner of any vehicle which has accumulated three or more outstanding notices of violation of any parking ordinance or regulation therein prior to immobilization or impoundment of such vehicle as provided in Subsection B. The notice shall inform said owner of the nature and number of outstanding violations, that such vehicle maybe immobilized in place or impounded and that said owner will be provided an opportunity to contest the validity of the proposed immobilization or impoundment upon written request to the Chief of Police within 10 days of receipt of the notice described in this subsection.
(2)
Hearing. Any owner who requests an opportunity to contest the validity of proposed immobilization or impoundment of his or her vehicle shall be provided an administrative hearing upon written request to the Chief of Police. Such hearing shall be scheduled as soon as practicable before a hearing officer, who shall be solely responsible for hearing and deciding all contests provided herein. Enforcement of the provisions of Subsection B shall be stayed pending the decision of the hearing officer. The purpose of this subsection is to provide an opportunity to contest the validity of a proposed immobilization or impoundment and not to contest the merits of parking violations.
(3)
Hearing officer. The Chief of Police shall designate
a hearing officer from time to time as may be needed. No town employee
may serve as a hearing officer for the purposes of this Article.
B.
Applicability. Any vehicle that has accumulated three or more notices of violation of any parking ordinance or regulation therein of the ordinances of the Town of Boothbay Harbor for which there has been neither payment of waiver fees nor issuance of court process and which is then parked upon the public way or in a public parking lot at any time may, at the option of any Town of Boothbay Harbor police officer or other Town employee authorized to enforce said parking ordinance or regulation, be immobilized in place or may be removed and stored until all waiver fees established pursuant to these Articles of this chapter for all of such outstanding notices of violation and also the impoundment, storage and other charges authorized under this chapter have been paid. If impoundment by immobilization is utilized, a charge for such impoundment per the Fee Schedule (see § 2-7B) shall be charged and paid prior to being released.
[Amended 5-4-2024 ATM by Art. 23]
C.
Procedure. As soon as a vehicle has been removed and
stored or immobilized in place under this chapter, the police officer
or other municipal employee taking such action shall so notify the
Police Department dispatcher. Such information shall be recorded by
the dispatcher for the use of the Chief of Police, the Town Manager
or his or her authorized representatives. In addition, the Chief of
Police shall notify by registered mail the registered owner of such
vehicle within five business days of the impoundment or immobilization
thereof. Said notice shall state the location of such vehicle and
the requirements for release as set forth in this chapter.
D.
Release of vehicles. Any person having custody of
a motor vehicle impounded pursuant to this chapter or of the means
to release such immobilized vehicle shall not release it until the
individual requesting its release presents satisfactory evidence of
his or her right to possession and signs a receipt therefor. In addition,
said vehicle shall not be released until the Treasurer, the Chief
of Police or their duly authorized representatives certify that all
waiver fees and all other charges provided for in this chapter have
been paid, including all costs of impoundment, towing, notices and
storage or until the Treasurer or his or her duly authorized representatives
shall have certified the posting of a bond equal to the total outstanding
waiver fees which should have been remitted for said overdue notices
of violation and other charges as set forth in this subsection.
F.
Violations. It shall be a violation of this chapter
for any person to tamper with or attempt to remove any immobilizing
device attached to a vehicle or to extract or attempt to prevent the
removal of any vehicle as provided herein.
[Amended 5-4-2024 ATM by Art. 23]
[Amended 5-4-2024 ATM by Art. 23]
Any person, firm or corporation who or which shall violate any provision of this Article shall, upon conviction thereof and in addition to any other remedies provided herein, be subject to a fine as determined by the Fee Schedule (see § 2-7B).
