A.
Temporary closings are necessary at different times
of the year and are not limited to springtime or mud season.
B.
The following rules and regulations are necessary
to ensure the proper use and to prevent abuse of all highways under
our maintenance or supervision by motor-driven vehicles for the protection
of public safety, health and property, to extend and retain the life
expectancy of City ways and bridges and to reduce the public expense
of their maintenance and/or repair.
The definitions contained in Title 29 of the
Maine Revised Statutes Annotated shall govern the construction of
words contained in this article. Any words not defined therein shall
be given their common and ordinary meaning.
Whenever notice has been posted as provided
herein, no person may thereafter operate any vehicle with a gross
registered weight in excess of the restriction during any applicable
time period on any way or bridge so posted, unless otherwise exempt
as provided herein.
A.
The notice shall contain, at a minimum, the following
information: the name of the way or bridge, the gross registered weight
limit, the time period during which the restriction applies, the date
on which the notice was posted and the signature of the posting official.
B.
The notice shall be conspicuously posted at each end
of the restricted portion of the way or bridge in a location clearly
visible from the travel way. Whenever a restriction expires or is
lifted, the notices shall be removed wherever posted. Whenever a restriction
is revised or extended, existing notices shall be removed and replaced
with new notices.
C.
No person may remove, obscure or otherwise tamper
with any notice so posted, except as provided herein.
The Director of Public Works is hereby directed
and authorized to designate such City ways and bridges or portions
thereof, over age 22 which, during such periods of time as he/she
may determine are necessary for the protection of such ways and bridges
in implementing the within rules for the purpose herein stated.
The Director of Public Works is further directed
and authorized to cause the construction and painting of conspicuous
signs for the posting of the closed portions of ways and bridges with
the information as provided herein.
The following vehicles are exempt from this
article:
A.
Any two-axle vehicle while delivering home heating
fuel.
B.
Any emergency vehicle (such as fire-fighting apparatus
or ambulances) while responding to an emergency or routine training
or maintenance activities.
C.
Any vehicle while engaged in highway maintenance or
repair under the direction of the City or state.
D.
Any school transportation vehicle while transporting
students.
E.
Any public utility vehicle while providing emergency
service or repairs.
F.
Any vehicle whose owner or operator holds a valid
permit from the Director of Public Works or his/her designee as provided
herein.
A.
The owner or operator of any vehicle not otherwise
exempt as provided herein may apply, in writing, to the municipal
officers for a permit to operate on a posted way or bridge notwithstanding
the restriction. The Director of Public Works or his/her designee
may issue a permit only upon all of the following findings:
(1)
No other route is reasonably available to the applicant.
(2)
It is a matter of economic necessity and not mere
convenience that the applicant uses the way or bridge.
(3)
The applicant has tendered cash, a bond or other suitable
security running to the City in an amount sufficient, in the official's
judgment, to repair any damage to the way or bridge which may reasonably
result from the applicant's use of the same.
B.
Even if the Director of Public Works or designee makes
the foregoing findings, he/she need not issue a permit if he/she determines
the applicant's use of the way or bridge could reasonably be expected
to create or aggravate a safety hazard or cause substantial damage.
The Director of Public Works may also limit the number of permits
issued or outstanding as may, in his/her judgment, be necessary to
preserve and protect the highways.
C.
In determining whether to issue a permit, the municipal
officers shall consider the following factors:
(1)
The gross registered weight of the vehicle.
(2)
The current and anticipated condition of the way or
bridge.
(3)
The number and frequency of vehicle trips proposed.
(4)
The cost and availability of materials and equipment
for repairs.
(5)
The extent of use by other exempt vehicles.
(6)
Such other circumstances as may, in their judgment,
be relevant.
D.
The municipal officials may issue permits subject
to reasonable conditions, including, but not limited to, restrictions
on the actual load weight and the number or frequency of vehicle trips,
which shall be clearly noted on the permit.
This article shall be administered and may be
enforced by the municipal officers or their duly authorized designee.
A.
Any violation of the provisions of this article shall
be considered a civil infraction and subject to a minimum mandatory
fine of $250 up to a maximum of $1,000. In addition to any fine, the
City may seek restitution for the cost of repairs to any damaged way
or bridge and reasonable attorney fees and costs. All penalties shall
accrue to the municipality.
B.
Prosecution shall be in the name of the City and shall
be brought in the Maine District Court.
[Added 12-18-2000]
State law, 23 M.R.S.A. § 3032, permits
the City to abandon town ways but to retain simultaneously a public
easement on such abandoned ways. The City expressly sets forth herein
the conditions for such retention and improvements of public easements.
A.
If the City abandons a town way but retains a public
easement, at the time of such abandonment and the retention of a public
easement, the City Council may determine if and when it will improve
the public easement by creation of an accessway. It will also further
determine what manner of improvements will be made. The decision to
create any accessway is discretionary and can be made any time after
retention of the public easement.
B.
The decision as to scope and extent of any improvements
constituting an accessway will lie with the Council. An accessway
shall be those improvements paid and maintained at City expense which
permit the public access to land or water by foot or other means (animal,
bicycle, etc), but not by motorized vehicle, and may include but are
not limited to the following actions/improvements:
C.
Notwithstanding Subsection B, the City of Saco may operate motorized vehicles on any accessway for emergency or other governmental purposes.
E.
Though established, the City will maintain an accessway
for public use and benefit at its discretion and as its finances permit.
F.
An accessway may only be established on those proposed
so-called "paper streets" shown on a certain list dated September
12, 1997, and as recorded in the York County Registry of Deeds at
Book 8445, Page 240.
[Added 12-18-2000]
State law, 23 M.R.S.A. § 3151 et seq.,
authorizes the City to lay out, alter and discontinue bridle paths
and trails. The City expressly sets forth herein the conditions for
such ways as permitted pursuant to 23 M.R.S.A. § 3152.
A.
The City may accept, lay out, alter or discontinue
bridle paths or trails as it determines, but if it shall choose to
accept or lay out such paths or trails, they shall be limited to accessing
land or water by foot, bicycle, animal or nonmotorized vehicles only.
C.
Bridle paths and trails may, alternatively, be left
in a roughly natural, vegetative condition, provided that at least
minimal access is kept or maintained for the public.
E.
Though established, the City will maintain bridle
paths and trails for public use and benefit at its discretion.
