Town of Kennebunkport
Right of Way and Road Infringement Ordinance
1. Definitions: For purposes of this Ordinance, "Sign" shall mean any board, poster or placard displayed to convey information or direction, whether permanent or temporary, printed or handwritten, or any other usage customarily associated with the word sign. "Object" shall mean any item whether animate or inanimate.
2. Conduct Prohibited: No person shall place or erect any sign or object in or on any Town Right of Way or Road without first consulting with the Chief of Police and Highway Superintendent or their designees to get their recommendation, and then appearing before the Board of Selectmen of the Town of Kennebunkport to get that Board's approval.
Any person found to be in violation of this section will be given twenty_four (24) hours to remove the sign or object. If the sign or object is not removed within twenty_four (24) hours, then the Highway Department will remove the sign or object, and the owner of the sign or object shall pay all costs of removal.
3. 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.
4. 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: Fine of One Hundred Dollars ($100.00)
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. Notwithstanding anything in this Ordinance to the contrary, the Town reserves the right to seek a restraining order, with respect to any second or subsequent offenders, to prohibit further violations of this Ordinance.
If the penalty is not paid and/or if court action ensures, the offender shall be liable for any and all costs incurred by the Town in enforcing this Ordinance, including but not limited to removal of the sign or object, court filing fees and the cost of legal counsel.
5. Penalties accrue to Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
6. 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.
7. Authority: This Ordinance is enacted pursuant to 30_A M.R.S.A. Sec. 3009 and any amendments thereto, pursuant to 23 M.R.S.A. Sec. 2701 and any amendments thereto, and pursuant to Articles 1.2 and 7 of the Kennebunkport Administrative Code and any amendments thereto.
8. Effective date: This Ordinance shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.
Adopted by the Board of Selectmen on August 12, 1993.
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