ORDINANCE PROHIBITING BUSINESS ON PUBLIC STREETS
Section 1. No person shall in any part of a public street, road, square, avenue, lane or way within the Town of Kennebunkport, Maine, carry on any trade or business without a written permit from the Municipal Officers of the Town of Kennebunkport.
The Municipal Officers may grant a written permit to any person, persons or corporation to carry on a certain trade or business in any said public places for a period of time not longer than three days provided the business is not otherwise prohibited by law. The Municipal Officers may in writing revoke the permit at any time.
Section 2. No person shall in any part of a public street, road, square avenue, lane or way within the Town of Kennebunkport, Maine, carry any passengers for hire in any kind of vehicle, unless the same is especially allowed by law or some ordinance of Kennebunkport, without a written permit so to do from the Municipal Officers of the Town of Kennebunkport.
The Municipal Officers may grant a written permit to any person, persons, or corporation to carry passengers for hire, in any public places, for a period of time not longer than three days provided the business is not otherwise prohibited by law. The Municipal Officers may in writing revoke the permit at any time.
Section 3. Fees. The fee shall be Fifty dollars ($50.00) per license.
Section 4. Insurance. Liability insurance must be carried by the owner of the business in at least the following amount: $500,000 general liability combined single limit. Evidence of insurance must be presented prior to the issuance of a permit with the Town as an additional named certificate holder. Thirty (30) days advance notice of cancellation shall be required.
Section 5. Severability. The invalidity of any section or provision of this Ordinance shall not affect the validity of any other section or provision of this Ordinance.Section 6. Enforcement. The Chief of Police or any of his designated officers will enforce this Ordinance. Any officer who observes a violation of this Ordinance may summons that individual to the District Court. Any officer
who receives a complaint of a violation of this Ordinance from a citizen may, after investigation of the complaint and determining that sufficient evidence exists to conclude that a violation of the Ordinance occurred, summons the offender to the District Court.Section 7. Civil Penalty. Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.First Offense: Written Warning and a copy of this Ordinance.Second and Subsequent Offenses: Shall be not less than One Hundred ($100.00) dollars and not more than Five Hundred ($500.00) dollars. Any second or subsequent offender of this ordinance who is summonsed for violation may waive all court action by payment of the civil penalty to the Town within ten (10) days of the date of the summons. If the penalty is not paid and/or if court action ensues, the offender shall be liable for any and all costs incurred by the Town in enforcing this Ordinance, including but not limited to
court filing fees and the cost of legal counsel.
Section 8. Penalties accrue to Town. All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
Adopted at Annual Town Meeting on March 1, 1915.
Amended September 22, 2005.
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