Beach Ordinance
Section 1. Purpose
The purpose of this Ordinance is to establish rules and regulations for the recreational enjoyment of the Sebago Town Beach (the “Beach”) by Sebago residents, taxpayers, and seasonal guests. The Town of Sebago is further committed to maintaining accepted environmental standards to preserve the ecological quality of the Beach and waterways for future generations. This Ordinance will also control traffic and promote the safety, health, and welfare of all persons using the beach Beach and surrounding area.
Section 2. Authority and Scope
The rules and regulations established by the Town of Sebago in this ordinance are enacted pursuant to the authority granted by: (1) §3009 of Title 30-A, Maine Revised Statutes Annotated, Authority of municipal officers to enact traffic ordinances in the municipality; (2) §2068 of Title 29-A, Maine Revised Statutes Annotated, Parking; (3) §2069 of Title 29-A, Maine Revised Statutes Annotated, Authority to remove an improperly parked vehicle; and: (4) Article VIII, Part 2, Section 1 of the Maine Constitution; and (4) §3001 of Title 30-A, Maine Revised Statutes Annotated, Ordinance power.
Section 3. Definitions of Terms Used
Beach parking areas – areas maintained by the Town of Sebago for use of beach Beach users to park their vehicles and boat trailers. There are two Town beach Beach parking areas – a lower lot at the beach Beach and an upper lot located away from the beachBeach.
Loiter - to remain in an area for no obvious reason
Motorcycle - A two-wheeled motor vehicle authorized for use on streets or highways or off-road, sometimes having two saddles and a sidecar with a third wheel. Motorcycles include off-road vehicles such as trail bikes designed for off-road use and which are not authorized for use on roads and streets.
Motor Vehicle - a vehicle on wheels, having its own motor and not running on rails or tracks, for use on streets, highways or off road; esp., an automobile, truck, or bus. Motor vehicles include off-road vehicles such as trail bikes, ATVs, snow machines, and other motorized vehicles designed for off-road use.
Penalties - The Board of Selectmen and/or the State of Maine may set penalties for violations addressed in this ordinance, and may review and revise these penalties on an annual basis without revising this ordinance.
Sebago Town Beach (the “Beach”) - a shore of a body of water covered by sand, gravel, or larger rock fragments, in this case the portion of the shore of Sebago Lake that is owned by the Town of Sebago, located [give more specific location on the lake], as posted from time to time by the Town of Sebago.
Town Use Pass – a document that allows individuals access to and use of the Sebago Town Beach, Sebago Transfer Station, and Douglas Mountain Parking Area. Town Use Passes are issued by the Town Office.
Town Property – property of the Town of Sebago Maine
Section 4. Use of Town Beach
4.1 The beach Beach area, boat launching area, and beach parking areas of the Town of Sebago shall be reserved for the use of residents, taxpayers, and their seasonal guests only. This privilege requires an annual or seasonal town use pass, which is available at the Town Office.
4.2 No motor vehicles or motorcycles of any kind shall be allowed on the Town Beach.
4.3 All persons shall be responsible for removing their own trash. No glass containers shall be allowed on the Town Beach.
4.4 No fires shall be allowed in on the Town Beach.
4.5 No smoking shall be allowed on the Town Beach.
4.6 No camping shall be allowed on the Town Beach or beach parking areas.
4.7 No animals shall be allowed, with the exception of service animals, on the Town Beach.
4.8 No alcoholic beverages, controlled substances, or persons under the influence of such shall be allowed on the Town Beach.
4.9. No loitering shall be allowed in on the Town Beach or in the boat launch area, and beach parking areas from 10 pm until 5 am.
Section 5. Use of Town Boat Launch Ramp
5.1 Individuals launching and recovering boats at the town boat launch should be courteous to others using the facility and shall complete their launch or recovery in as rapid a manner asas expeditiously as reasonably practicable whilte maintaining safety, to allow others to use the facility.
5.2 Vehicles and boat trailers shall not be left unattended for any time blocking access to the boat launch.
5.3 Boaters shall inspect their boats and trailers before launching and remove any milfoil or other aquatic vegetation before putting boats and trailers into the water.
Section 6. Parking and Speed Limits
6.1 Only those vehicles displaying an town use pass issued by the Town will be permitted to park in the Beach parking areas. All others will be towed at the owner's expense.
6.2 As soon as boats are launched motor vehicles and trailers shall be moved to the upper parking lot. No motor vehicles and trailers may be parked at the lower beach parking lot.
6.3 Roadways and boat ramp access shall not be blocked at any time.
6.4 Parking shall not be allowed at any time on either side of Marina Road and Shore Road leading to the Town Beach. Violators shall be towed at their own expense.
6.5 The speed limits on Shore Road and Marina Road shall not exceed 15 miles per hour.
Section 7. Removal of Vehicles at Owner’s Expense
7.1 The Town Manager or their Authorized Designee(s) may cause any vehicle or motorcycle parked in violation of any 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 8. 10. Penalties
108.1 Any violation of this Ordinance shall be subject to a fine as established by the Board of Selectmen (see Appendix A - penalty schedule) and any such fines or penalties shall accrue to the Town. Fines shall be paid at the Town Office within 5 days after notice of such violation is served by traffic ticket or otherwise. The Board of Selectmen may review and revise the penalty schedule on an annual basis with advance notice provided in the manner required under § 3009(3) of Title 30-A of the Maine Revised Statutes Annotated
Section 911. Former Ordinances Repealed
911.1 The Northwest River Town Beach Ordinance dated October 1, 2001 is hereby repealed.
911.2 This repeal shall not affect nor prevent the prosecution or punishment of any person for any act done or committed prior to the enactment of this Ordinance.
Section 102. Severability.
102.1 In the event that any section or any portion of this ordinance shall be declared by any court of competent jurisdiction to be invalid for any reason, such decision shall not be effected to affect the validity of any other section or portion of this ordinance. The provisions of this ordinance are hereby declared to be severable.
Section 113. Effective Date.
13.1 Notwithstanding any law to the contrary, this ordinance shall take effect as of
Adopted : October 1, 2001
Amended and Adopted: November 8, 2011
A true copy attest: /s/: Michele A. Bukoveckas, Town Clerk
Appendix A – Penalty Schedule
The Board of Selectmen and/or the State of Maine may set penalties for parking violations addressed in this ordinance, and may review and revise these penalties on an annual basis without revising this ordinancewith advance notice provided in the manner required under § 3009(3) of Title 30-A of the Maine Revised Statutes Annotated. Penalties are initially established as follows for the effective date of this ordinance:
Parking Penalties
Violation of parking restrictions or speed limits as stated in the ordinance:
- $25.00 for first offense
- $50.00 for second and each subsequent offense