Town of Bethel, ME Chapter 76 Recreational Trails and Bridges

[HISTORY: Adopted by the Town of Bethel 10-17-2005. Amendments noted where applicable.]

GENERAL REFERENCES

Animal control — See Ch. 17.

§ 76-1 Title.

This chapter shall be titled the "Town of Bethel Recreational Trails and Bridges Ordinance."

§ 76-2 Statutory authority.

This chapter is adopted pursuant to 30-A MRSA Section 3009.

§ 76-3 Purpose.

The purpose of this chapter shall be to define access to, and regulate the use of, those trails and bridges herein designated.

§ 76-4 Applicability.

This chapter shall be applicable to the following trails and bridges, generally described and hereby designated:

A. A paved path 12 feet in width, and several bridges lying within Town-owned property and starting at the edge of Davis Park and running easterly approximately 2,700 feet and then northerly approximately 250 feet to the southern approach of the Bethel Recreational Bridge.

B. A bridge spanning the Androscoggin River, known as the "Bethel Recreational Bridge," and its paved southern and paved northern approaches, all lying in the public right-of-way of U.S. Route 2.

§ 76-5 Hours of operation.

A. Trails and bridges shall be open at all times for those uses identified in this chapter, unless closed by the Town Manager or Board of Selectmen.

B. The Town Manager shall be authorized to close any portion of any trail or bridge for a period not to exceed 72 hours.

C. Trail and bridge closures exceeding 72 hours in duration shall be approved by the Board of Selectmen.

§ 76-6 Access restricted; exemptions.

A. Access to trails and bridges is hereby prohibited for any use not specifically identified in § 76-6B.

B. Access to trails and bridges is hereby granted for the following uses only:

(1) Pedestrian uses, wheelchairs and strollers.

(2) Bicycling.

(3) Cross-country skiing, rollerblading, rollerskiing, skateboarding.

(4) Operation of snowmobiles (November 15 to April 30, only).

(5) Operation of snowmobile and cross-country grooming equipment (November 15 to April 30, only)

C. Access to trails and bridges is hereby granted for the operation of motor vehicles and equipment owned by, or under contract to, the Town of Bethel, and law enforcement vehicles and ambulances only when engaged in official business.

D. Entities holding legal access to areas and assets lying below and above trails and bridges as established by instrument recorded at the Oxford County Registry of Deeds prior to October 17, 2005, shall be exempt from any provision of this chapter to the extent said provision restricts exercise of rights established by recorded instrument.

§ 76-7 Access by permit.

Through issuance of a permit, the Board of Selectmen may grant access to trails and bridges in conjunction with special events for uses not specifically identified in § 76-6B. Permits granted under this section may include any type of condition, restriction, or requirement deemed appropriate by the Board of Selectmen.

§ 76-8 Dogs and other pets.

A. With the exception of cats and dogs, all animals kept as pets are prohibited from trails and bridges.

B. Cats and dogs are prohibited from trails and bridges unless leashed and under control of a person.

C. Persons responsible for control of cats and dogs shall be responsible for immediate removal of cat and dog waste from trails and bridges.

§ 76-9 Violations and penalties.

Violations of this chapter shall be subject to civil penalty of not less than $100, nor more than $2,500, plus attorneys' fees. The Town of Bethel may also seek restitution for the cost of repairs caused by violation of this chapter, or injunctive relief. Prosecution shall be in the name of the Town of Bethel and brought in Maine District Court.