This chapter shall be known and may be cited
as the "Town of Bethel, Maine, Traffic Ordinance."
This chapter is adopted pursuant to 30-A M.R.S.A.
§ 3009 and 29-A M.R.S.A. § 557.
This chapter is designed to update existing
parking and traffic regulations, thereby allowing control over vehicle
use in Bethel, Maine.
The Board of Selectmen of Bethel, Maine, shall
maintain in said Town suitable parking signs and markings indicating
time, manner and place of parking motor vehicles in accordance with
this chapter and such additional signs and markings as it may deem
necessary to control and direct traffic and parking within the municipal
boundaries. Parking and traffic ordinances and regulations adopted
prior to the date of enactment of this chapter are hereby repealed
and superseded by this chapter. In addition, provision is made to
prevent damage to Town ways and bridges 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 ways
and bridges, and to reduce the public expense of their maintenance
and repair.
The following words and phrases when used in
this chapter shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this article. Whenever any words
and phrases used in this chapter are not defined herein but are defined
in the laws of Maine regarding the operation of vehicles, then such
definition shall be deemed to apply to such words and phrases used
herein. Any words not explicitly defined shall be given their common
and ordinary meaning.
Vehicles of the Fire Department, police vehicles, ambulances
and such emergency vehicles of municipal departments or public service
corporations as are designated or authorized by the Police Chief.
A privately owned vehicle commandeered by the Fire or Police Chief
or owned or used by a fireman, policeman, or ambulance attendant shall
have the same status under this chapter as a publicly owned authorized
emergency vehicle while actually engaged in or responding to a call
for public emergency service.
The territory in the Town of Bethel contiguous to any way
which is built up with structures which are situated less than 150
feet apart for a distance of 1/4 of a mile. (State law reference:
For similar provisions, see 29-A M.R.S.A. § 101, Subsection
12.)
The part of a roadway at an intersection included
within the connections of the lateral lines of the sidewalks on opposite
sides of the highway measured from the curbs, or in the roadway.
Any portion of a roadway at an intersection
or elsewhere distinctly indicated for pedestrian crossing by lines
or other markings on the surface.
Every person who drives or is in actual physical control
of a vehicle.
The area embraced within the prolongation or connection of
the lateral curblines or, if none, then the lateral boundary lines
of the roadways of two highways, or the area within which vehicles
traveling upon different highways joining at any other angle may come
in conflict.
Every vehicle which is self-propelled and not operated exclusively
on tracks, including motorcycles.
When prohibited means the standing of a vehicle, whether
occupied or not, otherwise than temporarily for the purpose of and
while actually engaged in loading or unloading.
Any person afoot.
Every officer of the Bethel Police Department, the Oxford
County Sheriff's Department, the Maine State Police, the Department
of Inland Fisheries and Wildlife (Bureau of Warden Service) and the
Bureau of Liquor Enforcement and any other state, county and/or municipal
law enforcement officer authorized to direct or regulate traffic or
to make arrests for violation of traffic regulations within the State
of Maine.
[Amended 6-11-2003]
Every way or place in private ownership and use for vehicular
travel by the owner and those having express or implied permission
from the owner but not by other persons. (State law reference: For
similar definition, see 29-A M.R.S.A. § 101, Subsection
58.)
The privilege of the immediate use of the roadway.
The portion of a street or highway improved, designated,
or ordinarily used for vehicular travel.
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
In respect to road surface and bed, shall mean the air temperature
is below 32º F. and there is not visible water on the road or
in the cracks of the road and there is not visible sheen of moisture
rising through the pavement or gravel surface of the road. Water or
moisture on the road which has been caused by the placement of winter
sand or salt shall not be considered in this instance.
When requested means complete cessation of movement.
When prohibited means any stopping or standing of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the direction of a police officer
or traffic control sign or signal.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
Every street or portion thereof at the entrance to which
vehicular traffic from intersecting streets or highways is required
by law to stop before entering or crossing the same and when stop
signs are erected as provided in this chapter.
Pedestrians, ridden animals, vehicles, and other conveyances,
either singly or together, while using any street for purposes of
travel.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
The Chief of Police, by and with the approval
of the Board of Selectmen, is hereby empowered to make and enforce
temporary regulations to cover emergencies and special conditions.
Officers of the Police Department are hereby
authorized to direct all traffic by voice, hand or signal in conformance
with traffic laws, provided that in the event of a fire or other emergency
or to expedite traffic or to safeguard pedestrians, officers of the
Police Department may direct traffic as conditions may require notwithstanding
the provisions of this chapter. Members of the Fire Department, when
at the scene of a fire or when so directed by a police officer, may
direct or assist the police in directing traffic.
No person shall willfully fail or refuse to
comply with any order or direction of a police officer or Fire Department
member who is engaged in enforcing the provisions of this chapter.
The provisions of this chapter shall apply to
the driver of any vehicle owned by or used in the service of the United
States government, this state, county or Town, and it shall be unlawful
for such driver to violate any of the provisions of this chapter,
except as otherwise permitted herein or by state of federal statute.
A.
The provisions of this chapter regulating the operation,
parking and standing of vehicles shall apply to authorized emergency
vehicles.
B.
An operator of an emergency vehicle, except when otherwise
directed by a police officer, may do the following:
(1)
Park or stand notwithstanding the provisions of this
chapter.
(2)
Proceed past a stop sign, but only after slowing down
as may be necessary for safe operation.
(3)
Exceed the prima facie speed limits so long as he
does not endanger life or property.
(4)
Disregard regulations governing direction of movement
or turning in specified directions so long as he does not endanger
life or property.
C.
The exceptions enumerated in this section shall apply
to authorized emergency vehicles only when the driver of such vehicle
sounds a siren, bell, or exhaust whistle as may be reasonably necessary
and such vehicle displays proper emergency lights (lamp) visible from
the front as a warning to others.
D.
The foregoing exemptions shall not, however, protect
the driver of any such vehicle from the consequences of his reckless
disregard of the safety of others.
Every person propelling any pushcart or riding
any animal upon a roadway, and every person driving any animal-driven
vehicle, shall be subject to the provisions of this chapter excepting
those provisions which by their nature can have no application.
All bicycles and mopeds shall be operated in
accordance with 29-A M.R.S.A. § 2063 and the provisions
of this chapter excepting those provisions which by their nature can
have no application. No bicycles or mopeds shall be ridden on any
sidewalk.
The Police Chief, with the approval of the Board
of Selectmen, shall place and maintain or cause to be placed or maintained
traffic control signs and devices when and as required or authorized
under this chapter. Any police officer may place and maintain such
additional traffic control devices as he may deem necessary to regulate
traffic in emergency situations.
All signs required or authorized by this chapter
shall, so far as practical, be uniform as to type and location throughout
the Town. All traffic control devices so erected and not inconsistent
with state law or this chapter shall be official traffic control devices.
The driver of any vehicle shall obey the instructions
of any official traffic control device applicable thereto placed in
accordance with this chapter, unless otherwise directed by a police
officer, subject to the exceptions granted to the driver of an authorized
emergency vehicle in this chapter. No provisions of this chapter for
which signs are required shall be enforced against an alleged violator
if at the time and place of the alleged violation an official sign
(as designated by the Manual on Uniform Traffic Control Devices) is
not sufficiently legible to be seen by an ordinary observant person.
