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THE DOCK SQUARE SHUTTLE AND
PARKING SYSTEM ORDINANCE
1. Preamble. Pursuant to 30 M.R.S.A. Section 1917 and other applicable sources of authority, the Inhabitants of Kennebunkport, having determined that the operation of a shuttle and parking system is a public purpose and having determined that such a system is needed in the Dock Square area of Kennebunkport to relieve problems of inadequate parking and traffic congestion and for the convenience and well-being of the Inhabitants of the Town of Kennebunkport, enact this ordinance to be known as the “Dock Square Shuttle and Parking Ordinance”.
2. Definitions.
a. Dock Square Shuttle and Parking System. “Dock Square Shuttle and Parking System” means the existing municipal parking lot in the vicinity of Dock Square in Kennebunkport, such public ways or public parking areas as may be designated by the municipal officers as constituting part of the system from which fees or charges may be collected for the parking of vehicles, such other parking areas located outside the Dock Square area as may be designated by the Selectmen and such other real estate, interests in real estate, structures, vehicles, improvements, accessories, and facilities deemed necessary or convenient by the municipal
officers for the creation, operation, and management of the system.
b. Town. “Town” means the Town of Kennebunkport organized and existing as a municipal corporation under the laws of the State of Maine.
3. Purposes. The Dock Square Shuttle and Parking System shall be managed by the municipal officers of the Town, or their designee, primarily for the purpose of providing and controlling adequate public parking facilities in the Town of Kennebunkport, providing public transportation from the outlying parking facilities to the Kennebunkport Village Center, encouraging the free circulation of traffic through the streets and visitors to Kennebunkport, assisting in the rapid and effective fighting of fires and disposition of police forces, and promoting the health, safety, and general welfare of the public, whether residing in Kennebunkport or
traveling to, through or from Kennebunkport in the course of lawful pursuits.
4. Fee Structure. After notice and public hearing, the municipal officers shall establish a reasonable schedule of fees for the use of the municipal parking lot in the Dock Square area, for the use of parking spaces on public streets in the village center of Kennebunkport, for the use of outlying parking areas and for related transportation facilities provided in conjunction with the Kennebunkport shuttle and parking system. In establishing the schedule or schedules of fees, the municipal officers shall consider the value of the services provided, the costs to the Town for capital equipment, administration, maintenance, salaries, debt
service, repairs, and other expenses as well as the need to regulate and control the parking and circulation of vehicles in the Kennebunkport Village Center. Such fees may be established by the Selectmen on a seasonal basis during periods of the year when the problems of congestion and overcrowding in the Kennebunkport Village Center are most acute. Copies of the schedule of fees as established by the municipal officers and the periods of the year during which such fees shall remain in effect shall be available at the municipal office during normal business hours and shall be posted in the vicinity of the municipal parking lot in the Dock Square area.
4.1 Real Estate Property Taxpayer Voucher System. The Board of Selectmen shall provide for the distribution of five (5) tickets/vouchers to each distinct real estate property taxpayer that will enable each distinct real estate property taxpayer one (1) hour of parking per ticket/voucher at the Dock Square Parking Lot, such tickets/vouchers will be valid only in the year that they are issued.
5. Regulations. After notice and public hearing the municipal officers are authorized to adopt regulations governing the rules of operation of the Dock Square Shuttle and Parking System which rules shall be designed to ensure that the system accomplishes its primary purpose of relieving crowding and congestion in the Kennebunkport Village Center while at the same time providing residents and visitors to the Kennebunkport Village Center with pleasant and convenient parking, transportation, and related facilities. Such regulations shall also be designed to prevent personal injury or damage to vehicles or property, to maintain safe traffic
conditions, to prevent vandalism and theft of property, to establish reasonable limits on the hours of operation, to prevent disturbance of the peace, to ensure that fees established are collected and to govern such other matters as may be necessary or useful to the management and operation of the Dock Square Shuttle and Parking System.
6. Authority to contract. The municipal officers are authorized to contract on such terms and conditions as are in the best interest of the Town with private persons or corporations for the provision of parking areas, transportation, or other facilities for the operation of the Dock Square Shuttle and Parking System or for any portion of such system. Prior to entering into any such contract the municipal officers shall give notice of their intention to enter into such a contract and shall afford interested persons a reasonable opportunity to submit proposals for consideration.
7. Dock Square Shuttle and Parking System Account. All fees, payments, or other charges collected in connection with the operation of the Dock Square Shuttle and Parking System shall be kept in a separate account to be known as the Dock Square Shuttle and Parking Account. The funds in said account shall be used by the municipal officers to supplement any other sums appropriated by the Town for the costs associated with the Dock Square Shuttle and Parking System including, without limitation, expenses for administration, salaries, debt service, maintenance, equipment and repairs. Funds remaining in the Dock Square Shuttle and Parking
Account at the end of the fiscal year shall not lapse and such funds shall not be transferred to other accounts unless by a vote of the Town at a regular or special town meeting.
8. Authority to Retain Personnel. The municipal officers are authorized to contract with or employ such personnel as may be necessary to the operation of the Dock Square Shuttle and Parking System on such terms and conditions as are in the best interest of the Town. The municipal officers may delegate to such personnel, responsibility for the management and operation of the Dock Square Shuttle and Parking System under the general direction and supervision of the municipal officers, provided that the municipal officers shall not delegate the authority to establish fees under Section 4, to adopt regulations under Section 5 or to enter into
contracts under Section 6 of this Ordinance.
9. Penalties. Whoever violates the provisions of this ordinance or any regulation or rule established under this ordinance shall be punished by a fine of $25.00 for each such occurrence. IF any violation continues for a period longer than 24 hours, each day that it continues shall be deemed a separate violation subject to the penalty herein provided. The right of any person to use the facilities of the Dock Square Shuttle and Parking System may be suspended by the municipal officers after reasonable notice and hearing for failure to pay any fees or fines due under this ordinance or under regulations adopted pursuant to this
ordinance.
Adopted March 10, 1984
Amended June 8, 2004
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