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.
C. 
Parking for more than 24 consecutive hours. No vehicle shall be left in any town-controlled parking lot for more than 24 consecutive hours without written permission from the Chief of Police or delegate.
[Amended 5-13-2008]
D. 
Mobile home, camper trailer or R.T.V. parking. No mobile home, house trailer, boat trailer, utility trailer, camper trailer or R.T.V. shall be permitted to park in any public parking lots or on the Byway, Wharf Street or Bridge Street, except in Howard Street Lot with permission from the Chief of Police or delegate.
[Amended 5-13-2008]
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 limited to four hours. To stop, stand or park a vehicle for more than four hours between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays when such parking may be permitted on those streets, portions of streets, 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 IV (§ 160-41), 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 IV, which is attached to and incorporated as a part of this chapter.
C. 
Parking limited to three hours. To stop, stand or park a vehicle for more than three hours between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays when such parking may be permitted on those streets, portions of streets, 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 V (§ 160-42), 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 V, which is attached to and incorporated as a part of this chapter.
D. 
Parking limited to two hours. To stop, stand or park a vehicle for more than two hours between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays when such parking may be permitted on those streets, portions of streets, 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 VI (§ 160-43), 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 VI, which is attached to and incorporated as a part of this chapter.
E. 
Parking limited to one hour. To stop, stand or park a vehicle for more than one hour between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays when such parking may be permitted on those streets, portions of streets, 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 VII (§ 160-44), 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 VII, which is attached to and incorporated as a part of this chapter.
F. 
Parking limited to 24 minutes. To stop, stand or park a vehicle for more than 24 minutes between the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays when such parking may be permitted on those streets, portions of streets, 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 VIII (§ 160-45), 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 VIII, which is attached to and incorporated as a part of this chapter.
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 IX (§ 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 IX, which is attached to and incorporated as a part of this chapter.
H. 
Parking prohibited near fire hydrants. To stop, stand or park along the side line of any traveled way any vehicle, either occupied or not, within 12 feet of any fire hydrant.
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 six parking meter zones for on-street and off street parking, which shall be designated as follows:
(1) 
Two-hour zones. Parking in this zone for more than two hours during the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays, shall be unlawful and in violation of this article.
(2) 
Three-hour zones. Parking in this zone for more than three hours during the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays, shall be unlawful and in violation of this article.
(3) 
One-hour zones. Parking in this zone for more than one hour during the hours of 8:00 a.m. and 6:00 p.m., except on Sundays and holidays, shall be unlawful and in violation of this article.
(4) 
Four-hour metered zones. Parking in this zone for more than four hours during the hours of 8:00 a.m. to 6:00 p.m., except on Sundays and holidays, shall be unlawful and in violation of this Article. A fee of $0.25 per half hour and $0.50 for each hour is hereby designated for these zones, and meters installed therein shall be designated to accommodate twenty-five-cent coins.
(5) 
Four-hour metered zones. Parking in this zone for more than four hours during the hours of 8:00 a.m. to 6:00 p.m., except on Sundays and holidays, shall be unlawful and in violation of this article.
(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.
[Amended 5-13-2008]
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 6:00 p.m. and 8:00 a.m., Monday through Saturday of each week. The provisions of this section shall also not apply on Sundays or legal holidays.
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.
D. 
Collection of parking meter coins. The Town Manager shall designate some person or persons to collect the coins deposited in parking meters. The coins collected shall be taken to the bank designated by the Town Manager for counting and deposit.
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.
G. 
Deposit of slugs in meters prohibited. It shall be unlawful and a violation of this Article to deposit or cause to be deposited in any parking meter any device, slug or metallic substance or any substitution for a five-cent, ten-cent or twenty-five-cent currency of the United States.
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.
In accordance with 30-A M.R.S.A. § 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 coin or coins 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.
A. 
Any person accused of a violation of any portion of this Article relating to overtime parking or illegal occupancy of two parking spaces 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 30 days of the time such alleged offense was committed. If the sum is not paid within 30 days of the alleged offense, a late fee will be charged under Subsection F.
[Amended 5-13-2008]
B. 
Any person accused of a violation of this article which prohibits parking in a duly marked or posted no parking area, yellow zones, double parking, parking near a fire hydrant, in a fire lane, parking on a public way or other public land for a continuous period exceeding 24 hours, parking so as to interfere with snow removal or plowing or parking on a sidewalk, crosswalk or esplanade 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 $15 within 30 days of the time such alleged offense was committed. If the sum is not paid within 30 days of the alleged offense, a late fee will be charged under Subsection F.
C. 
Any person accused of a violation of any portion of this chapter which prohibits illegal night parking, parking on the wrong side of the street or parking so as to hinder ingress and egress to and from a driveway 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 $10 within 30 days of the time such alleged offense was committed. If the sum is not paid within 30 days of the alleged offense, a late fee will be charged under Subsection F.
D. 
Any person accused of a violation of any portion of this Article, other than those violations specified in Subsections A, B and C above, 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 $15 within 30 days of the time such alleged offense was committed. If the sum is not paid within 30 days of the alleged offense, a late fee will be charged under Subsection F.
E. 
Any person accused of a violation for unauthorized parking in a designated handicapped parking area 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.A. § 3009. If the sum is not paid within 30 days of the alleged offense, a late fee will be charged under Subsection F.
F. 
Nonpayment of fines, charges or late fees. Any person or otherwise who has not paid the fine, charges or late fees assessed for a violation of this chapter within 30 days of said violation shall be mailed a written “First Notice” informing the registered owner of the vehicle that payment of the parking fine is past due and that a late fee has now been assessed, doubling the amount due. The notice will indicate that failure to pay the fine(s), charges or late fees due within 30 days will result in the issuance of a “Final Notice” informing the registered owner that payment has still not been received, and that a summons to appear in Sixth District Court, Wiscasset, Maine, will be issued if payment is not made within 30 days. Written notice shall be made by either registered mail, return receipt requested, or officially served in hand by a law enforcement officer, to the owner of the vehicle.
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 which 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 Article VI 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 of $25 shall be charged and paid prior to such release.
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.
E. 
Bond. Whenever any person requests the right to post bond pursuant to this chapter, such bond shall be given in cash and receipt given therefor. Such bond money shall be refunded in the amount of the waiver fee for each alleged violation of this chapter upon acceptance by such person of service of process initiating a court proceeding to determine his or her liability for the described penalty or such alleged violation. Any bond shall be forfeited unless the person posting it requests and accepts service of such process from the Chief of Police or his or her designated representative within 30 days of the posting unless prevented from doing so by actions or inactions of the Town of Boothbay Harbor.
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. The penalty for any such violation shall be not less than $50 nor more than $1,000.
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 of not less than $5 and not more than $100. Every day that a violation continues shall be deemed a separate offense.