APPROVED JULY 29, 1996 BY THE BOARD OF SELECTMEN
EFFECTIVE JULY 29, 1996
AN ORDINANCE REGULATING PARKING UPON THE PUBLIC STREETS OF THE TOWNOF SEBAGO AND REPLEALING ALL OTHER ORDINANCES AND SECTIONS OF ORDINANCES IN CONFLICT HEREWITH.
Be it enacted by the Board of Selectmen for the Town of Sebago as follows:
SECTION I- STOPPING, STANDING OR PARKING PROHIBITED IN SPECIFED PLACES.
No person shall stop, stand or park a vehicle or motorcycle, except when necessary to avoid conflict with other traffic, or in compliance with law, or the direction of a law enforcement officer, or traffic controlled device, in any of the following places;
1. On any area designated as a fire access;
2. On a sidewalk;
3. In front of or within a public or private road, driveway, alleyway, fire lane or loading zone;
4. Within an intersection;
5. Within ten feet of a fire hydrant;
6. On a crosswalk;
7. Within 15 feet of the rear corner of the curbs at an intersection, except where otherwise designated;
8. Within 15 feet upon the approach to any stop sign loaded at the side of a roadway;
9. On the roadway side of any vehicle stopped or parked at the edge of a curb or street;
10. Upon any bridge;
11. At any place where official signs, white or yellow painted curbs or other road painting or markings so prohibit;
12. In any other place or manner which obstructs vehicular or pedestrian traffic along a public or private way.
SECTION II- OBSTRUCTION OF FREE PASSAGE
No person shall stop, stand, park or leave a vehicle or motorcycle on any street in such a manner or under such condition so as to obstruct the free passage of other vehicles or motorcycles in either direction, or so as to leave available less than fifteen feet of the width of the roadway for free movement of vehicular traffic, unless specifically permitted by a law enforcement officer.
A person is guilty of obstruction public ways if he unreasonable obstructs the free passage of foot or vehicular traffic on any public ways and refuses to cease or remove the obstruction upon a lawful order to do so given him by a law enforcement officer.
As used in this section, ‘public way’ means any public highway or sidewalk, private way laid out under authority of stature, way dedicated to public use, way upon which the public has a right of access or has access as invitees or licensees, or way under the control of park commissioners or a body having like powers.
SECTION III- REVERSE DIRECTION PARKING PROHIBITED
No person shall allow, permit or suffer any vehicle or motorcycle to stand or park on any street facing oncoming traffic.
SECTION IV- PARKING WITHIN SPECIFIED ALLOWABLE TIMES
The provisions of this Ordinance prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle or motorcycle to avoid conflict with other traffic or in compliance with the direction of a law enforcement officer or official traffic control device.
SECTION V- SNOW BAN PARKING RESTRICTIONS
Between November 1 and April 15 no vehicle or motorcycle shall be parked on any public street or way from 11:00 p.m. to 7:00 a.m., so as to interfere with or hinder the removal of snow from said street or way by the Town plowing or loading and hauling. Parking may be prohibited with notification to facilitate daytime snow removal.
SECTION VI-REMOVAL OF VEHICLES AT OWNER’S EXPENSE
The Board of Selectmen or Road Commissioner or their Authorized Designee (s) may cause any vehicle or motorcycle parked in violation of Section V, or any other provision of this Ordinance, to be moved and placed in a suitable parking space off of the street, at the expense of the owner of such vehicle or motorcycle, and without the Town being liable for any damage that may be caused by such removal.
SECTION VII- OVERNIGHT PARKING PROHIBITED
No person shall park, leave or abandon any vehicle or motorcycle on any street or public way between the hours of 1:00 a.m. and 5:00 a.m. This restriction specifically prohibits sleeping in parked vehicles on any street or public way between the hours of 1:00 a.m. and 5: 00 a.m.
SECTION VII- HANDICAPPED PARKING
No person shall park any vehicle or motorcycle in any parking space designated as “Handicapped” or “Disabled” parking unless the vehicle or motorcycle bears a special registration plate or placard issued under M.R.S.A. 29-A section 521 or 523, or similar plate.
SECTION IX- RESTRICTED PARKING
No person shall park any vehicle or motorcycle such as to prohibit the access or egress of Fire or Rescue vehicles into or out of a fire station or at the scene of a fire or other emergency.
SECTION X-USE OF SIDEWALKS
The use of bicycles, skateboards, roller-skates and in-lines skates on any public sidewalks between June 15 and Labor Day is strictly prohibited. Bikes may be “walked” along sidewalks.
It shall be the duty of the Board of Selectmen or their designee to erect appropriate signs giving notice of any parking time limit imposed or parking prohibitions and no such regulations shall be effective unless said signs are erected and in place at the time of the alleged offense.
The Road Commissioner with the approval of the Board of Selectmen shall place and maintain, or cause to be placed and maintained, traffic-control signs, signals and devices when and as required or authorized under this Ordinance, and may place and maintain such additional traffic-control devices as she/he may deem necessary to regulate traffic under this Ordinance or under State Law, or to guide or warn traffic, including angle parking signs, and markings, turning markers, and signs prohibiting left, right or U-turns, the location of which he is authorized to determine. All traffic-control devices so erected and not inconsistent with the provisions of the State Law or this Ordinance shall be official traffic control devices.
SECTION XIII-GENERAL PENALTY
Unless another penalty is expressly provided by State Law, any person convicted of a violation of any provisions of this Ordinance shall be punished by a fine of not more than $100.00 except as otherwise provided in the following subsection of this section; and any such fines or penalties shall accrue to the Town.
Any persons violating any parking provisions of this Ordinance shall be subject to the general penalty imposed for violation of this Ordinance; however, such person may elect, in lieu of such penalty, to pay the sum of $10.00 for the first offense of such violation, and $25.00 for the second and subsequent offenses except for handicapped parking violations, the penalty for handicapped parking violations to be set at $50.00 per offense in accordance with M.R.S.A. 30-A Section 3009, Subsection 1D (3). Such payment shall in no event be constructed as an enforced imposition of a fine or penalty, but on the other hand shall be construed to be an amount which an offender may voluntarily contribute towards the cost and expense of furnishing to the public a less expensive alternative method of regulating and administering traffic law
violations. If, however, such payment is not made at the Municipal Office with 72 hours after notice of such violation is served, by traffic ticket or otherwise, this alternative method is not available or applicable, and the penalty provided by this Ordinance shall be imposed.
SECTION XIV- SUBSEQUENT PENALTY (IES)
After one hour if a vehicle or motorcycle is still parked in violation after being cited for a first offense, the second offense penalty will apply and the vehicle or motorcycle may be subject to being towed at the owner’s expense and the owner may be required to pay the “Second Offense” payment to avoid prosecution in District Court.
SECTION XV- VALIDITY
If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining of this Ordinance.
SECTION XVII- FORMER TRAFFIC ORDINANCE REPEALED
All former traffic ordinances of this Town are hereby repealed except that this repeal shall no affect or prevent the prosecution or punishment of any person for any act done or committed prior to the enactment of this Ordinance.
SECTION XVIII- CERTIFICATION AND PUBLIC NOTICE
The Town Clerk shall certify to the passage of this Ordinance and cause notice of same to be published in the Bridgton News and the Portland Press Herald.
SECTION XX-EFFECTIVE DATE
The Ordinance shall take effect on July 29, 1996.
/s/ George Tinkham, Chair
/s/ Robert Adams, Selectman