Traffic & Parking Control Ordinance

Town of Kennebunkport - Traffic and Parking Control Ordinance
Adopted August 13, 1987 with Amendments Through September 10, 2015.

Index

  • Section #1: Unlawful Parking
  • Section #2: Parking Control Regulations
  • Section #3: Stopping at Intersections
  • Section #4: One Way Traffic
  • Section #5: Fire Lanes
  • Section #6: Handicapped Parking
  • Section #7: Emergency Vehicles
  • Section #8: Tampering with Signs
  • Section #9: Snow Removal
  • Section #10: Sleeping in Vehicles
  • Section #11: Motor Vehicles Prohibited on Sidewalk
  • Section #12: Violations
    • Section #12A: Commercial Operation of a Horse Drawn Vehicle
    • Section #12B: Commercial Operation of a Tour Bus
    • Section #12C: Commercial Operation of a Trolley
    • Section #12D: Restricting Vehicle Weight on Posted Ways
    • Attachment A
    • Section #12E: Commercial Operation of a Pedicab
  • Section #13: Goose Rocks Beach Parking Stickers
  • Section #14: Impoundment of Motor Vehicles
  • Section #15: Penalties
    • Section #15A: Penalties
  • Section #16: Enforcement
  • Section #17: Legal Status Provisions

Section 1. Unlawful Parking

  1. No person within the limits of the Town of Kennebunkport shall stop, stand, or park any motor vehicle or self-propelled machinery in any street, way, highway, road, parking area or public place under control of the Town so that:
    1. It in any way blocks a public way, sidewalk, a private driveway or pedestrian crosswalk;
    2. It is double-parked, so called, except by the verbal permission of the Chief of Police or one of his/her duly authorized Police Officers while on traffic control;
    3. Any part of said vehicle is in, over, or on the area of the sidewalk or any adjoining or adjacent marked parking space;
    4. Any part of said vehicle is within twelve (12) feet of a fire hydrant;
    5. Any part of said vehicle is within twenty (20) feet of the corner of an intersecting street or way except where designated parking is allowed by signs or markings;
    6. It is in that section or part of any street, way, highway, road, parking area, or public place that is designated as a “No Parking” area or space and clearly marked “No Parking” by signs and/or painting;
    7. It is parked in such a manner as to be against the flow of traffic (i.e. drivers side of the vehicle against the curb or side of street).
  2. No recreational vehicle or bus may park on any street located in the Village Residential Zone, except tour buses in designated areas on Cross Street.
  3. No parking, standing or off-loading of passengers for buses, recreational vehicles and cars with trailers on Ocean Avenue from the Colony Hotel to Wandby Beach.
  4. The fact that a vehicle is unlawfully parked shall be prima facie evidence of the unlawful parking of such vehicle by the person in whose name such vehicle is registered.
  5. It is unlawful for vehicles using the 30 North Street parking area to have anything in tow. No commercial bus parking allowed at 30 North Street. No recreation vehicles larger than those that will fit – bumper to bumper – in an existing 10’ x 20’ parking space at 30 North Street. Running engines while parked is prohibited.
  6. No motor vehicle, self propelled machine, or trailer (whether attached or unattached) shall be parked overnight in any town-owned off-street parking area.
  7. Emergency and Spot Parking Regulations in the Interest of Public Safety: In the case of a special event which may cause a parking overflow, the Chief of Police or his/her designee may choose areas and roadways in Kennebunkport to park vehicles beyond areas described in this ordinance in order to keep open pedestrian and vehicular lanes of traffic and to insure the immediate response of emergency vehicles.

Section 2. Parking Control Regulations

No person shall stop, stand, or park any motor vehicle or self-propelled machinery in any of the following described “No Parking” zones:

  1. ATLANTIC AVENUE: No parking on the southwesterly side of Atlantic Avenue. No parking on the northeasterly side of Atlantic Avenue from CMP Pole 81 to Ocean Avenue. Parking is allowed on the northeasterly side of Atlantic Avenue from CMP Pole 81 to Summit Avenue.
  2. BELVIDERE AVENUE: No parking on the northerly side of Belvidere Avenue.
  3. BROADWAY: No parking on either side of Broadway.
  4. CENTRAL AVENUE: No parking on either side of Central Avenue.
  5. CHESTNUT STREET: No parking on the southerly side of Chestnut Street, except in designated areas adjacent to the Town Office for municipal employees from 8 a.m. to 5 p.m. Monday through Friday – the general public may park in said designated areas during all other hours Monday through Friday and any time on Saturday and Sunday. No parking on the westerly side of Chestnut Street, except in designated areas adjacent to the Town Office for municipal employees from 8 a.m. to 5 p.m. Monday through Friday – the general public may park in said designated areas during all other hours Monday through Friday and anytime on Saturday or Sunday. No parking on the easterly side of Chestnut Street. No parking within the Town Office parking area in front of the garage bay doors located on the easterly side of the Town Office building, except for municipal business from 8:00 a.m. to 5:00 p.m. Monday through Friday – the general public may park in said designated areas during all other hours Monday through Friday and anytime on Saturday and Sunday. No parking twenty (20) feet from the intersections of Chestnut Street and Ocean Avenue.
  6. CHURCH LANE: No parking on Church Lane from the intersection of Church Lane and Temple Street (westerly side of Church Lane) including the traffic circle up to Carter Harris’s driveway. Parking is allowed on the easterly side of Church Lane from the end of the granite curbing by the South Congregational Church up to Carter Harris’s driveway.
  7. COMMUNITY HOUSE ROAD: No parking on either side of Community House Road from property located on map 35, block 18, lot 2 to the intersection of Wildwood Avenue Extension. No parking on the pavement from property located on map 35, block 18, lot 2 to Community House Road and Skyline Drive intersection.
  8. CROSS STREET: No parking on either side of Cross Street, except for designated spots for the purpose of unloading and loading of people from buses and trolleys, and delivery vehicles.
  9. DYKE ROAD: No parking tow away zone on the easterly side from Route 9 to the intersection of Kings Highway. No parking on the westerly side from Route 9 to CMP Pole 103. No parking on the pavement from CMP Pole 103 to the bridge over Batson’s River. No parking continuing from (and including) the bridge over Batson’s River to the intersection of Kings Highway (excepting one handicapped parking space and four regular parking spaces) at the intersection of Dyke Road and Kings Highway.
  10. EAST AVENUE: No parking on either side of East Avenue.
  11. ELM STREET: No parking on either side of Elm Street, from Maine Street to Ocean Avenue, except the area immediately adjacent to the Town Office for Town Business (specifically, the area of the north side of Elm Street and the driveway beside the Town Office).
  12. GRANDVIEW AVENUE: No parking on either side of Grandview Avenue.
  13. GREEN STREET: No parking on the southerly side of Green Street from Ocean Avenue to Maine Street. Parking is allowed on the northerly side of Green Street from Ocean Avenue to Maine Street.
  14. HIGH STREET: No parking on the easterly side of High Street from the intersection of School Street to the end of the road.
  15. JEFFREY’S WAY: No non-handicapped parking on either side of the road.  Briefly stopping (less than 15 minutes) on the westerly side of the road to load or unload a vehicle, does not constitute parking under this subsection, providing the operator stays with the vehicle. There will be one handicapped parking space on the westerly side of the road, as close to the beach as practical.
  16. KINGS HIGHWAY: No parking on pavement on Kings Highway from the intersection of South Main Street to the intersection of Ocean Avenue.
    • 16a. KINGS HIGHWAY: No parking on pavement on the northerly side of Kings Highway from the intersection of Dyke Road to CMP Pole J-79-1. Five minute parking or standing is allowed on the northerly side in the designated space opposite CMP Pole J-42. Parking is allowed for four (4) vehicles on the northerly side of Kings Highway, in designated spaces, between CMP Pole J-79-1 and a point opposite CMP Pole J-80. No parking – tow away zone will be marked on the southerly side between CMP Pole J-42 and J-44. No parking on the southerly side of the road from CMP Pole J-42 to a point opposite CMP Pole J-80.
    • 16b. KINGS HIGHWAY: No parking on the southerly side of Kings Highway from the intersection of Dyke Road to CMP Pole J-34. No parking on the northerly side of Kings Highway from the intersection of New Biddeford Road to the Goose Rocks Beach General Store so-called.
    • 16c. KINGS HIGHWAY: No parking on the southerly side of Kings Highway from the intersection of Jeffrey’s Way to a point 100’ beyond the bridge over the creek from Little River. No parking on the northerly side of Kings Highway from the bridge over the creek from Little River, to a point opposite CMP Pole J-3. No parking on the northerly side of Kings Highway, from a point opposite CMP Pole J-1 to the intersection of the New Biddeford Road.
  17. LANGSFORD ROAD: No parking on the westerly side of the road from the intersection with Pier Road to 15’ from CMP Pole J-1. No parking easterly side of the road from the intersection with Pier Road to the end of the ledge abutting the Captain’s Restaurant property so-called.
  18. LOCKE STREET: No parking on either side of Locke Street from the intersection of Locke Street and North Street to the intersection of Locke Street and Oak Street.
  19. MAINE STREET: No parking on the easterly side of Maine Street from the intersection of Maine Street and Wildes District Road. Exception: Thirty-minute parking in three well marked, posted spaces for library patrons directly in front of the library. No parking on the westerly side of Maine Street from the intersection of Maine Street and Green Street to the intersection of Maine Street and Wildes District Road. On the westerly side of Maine Street, the two parking spaces located between the intersection of Maine Street and Union Street and CMP Pole J-9 shall be designated thirty-minute parking spaces for patrons of the library. Also, the eight (8) spaces between Spring Street and Union Street shall be designated as three (3) hour parking spaces from the start of Memorial Day weekend until the end of Columbus Day until 7:00 pm each day. Such spaces will be well marked and posted.
  20. MAST COVE LANE: No parking on the southerly side of Mast Cove Lane from the intersection with Maine Street to the end of the Lane. No parking on the northerly side of Mast Cove Lane from Brigg’s driveway so-called to the end of the Lane.
  21. MESERVE LANE: No parking on either side of Meserve Lane.      
  22. MILL LANE: No parking on either side of Mill Lane.
  23. MUNCIPAL LOT EXIT: No parking on either side of the exit road.
  24. NEW BIDDEFORD ROAD: No parking on the westerly side of the road from the intersection of Winter Harbor Road to Kings Highway. No parking on the easterly side of the road from CMP Pole J-1 to the intersection of Kings Highway.
  25. NORTH STREET: No parking on the easterly side of North Street from Spring Street to River Road. No parking on the westerly side of North Street from Spring Street to West Street. No parking on the westerly side of North Street from Locke Street to River Road. Parking is allowed on the westerly side of North Street from West Street to Locke Street.
  26. OAK STREET: No parking on either side of Oak Street from the intersection of Oak Street and Locke Street to the intersection of Oak Street and West Street.
  27. OCEAN AVENUE: No parking on the easterly side of Ocean Avenue starting from Spring Street to CMP Pole J-33. No parking continuing on the easterly side of Ocean Avenue from CMP Pole J-35 to and including the bridge at Fairfield Creek (excepting two parking spaces by the driveway at the Kennebunk River Club closest to the Fairfield Creek Bridge). No parking continuing on the easterly side of Ocean Avenue from Kings Highway to Haverhill Street. No parking on the northerly side of Ocean Avenue from Haverhill Street to a point approximately fifty (50) feet before Spouting Rock Avenue. No parking on the pavement starting at a point approximately fifty (50) feet before Spouting Rock Avenue and continuing to Atlantic Avenue, excepting that area by the Atlantic Avenue sewer pumping station. No parking continuing on the northerly side of Ocean Avenue from Atlantic Avenue to Summit Avenue. No parking continuing on the westerly side of Ocean Avenue from Summit Avenue to CMP Pole J-010. No parking continuing on the easterly side of Ocean Avenue from CMP Pole J-08 to the intersection of the Turbats Creek Road. No parking on the westerly side of Ocean Avenue starting from Spring Street to CMP Pole J-3 (intersection with Union Street). One hour parking from May 1st to the end of the Columbus Day weekend, unrestricted parking before and after, allowed on the westerly side of Ocean Avenue starting from CMP Pole J-3 to the entrance of the Landing Restaurant so-called. No parking continuing on the westerly side of Ocean Avenue from the entrance of the Landing Restaurant so-called (excepting a trolley/shuttle bus stop adjacent to this entrance) to a point approximately twenty (20) feet beyond the bridge at Fairfield Creek. No parking on the westerly side of Ocean Avenue from a point approximately twenty (20) feet on the northerly side of the intersection of Wharf Street to the entrance of the Colony Beach. No parking on the pavement on the westerly side of Ocean Avenue starting from the entrance of the Colony Beach and continuing to the first driveway into St. Ann’s Church so-called. No parking continuing on the southerly side of Ocean Avenue from the first driveway of St. Ann’s Church so-called to Summit Avenue. No parking continuing on the southerly side of Ocean Avenue from Summit Avenue to the end of the stone wall closest to Blowing Cave. Fifteen minute parking is allowed on the southerly side of Ocean Avenue in the designated parking area, starting at the end of the above wall to a point opposite CMP Pole J-94. No parking continuing on the southerly side of Ocean Avenue from a point opposite CMP Pole J-94 to the Wandby Beach parking area so-called. No parking on the easterly side of Ocean Avenue from the eastern most end of the Wandby Beach parking area so-called to a point opposite CMP Pole J-010. No parking continuing on the easterly side of Ocean Avenue from a point opposite CMP Pole J-08 to the intersection of the Turbats Creek Road.
  28. OLD CAPE ROAD: No parking on the northerly side of the road from the intersection of Route 9 to CMP Pole J-9. No parking on the pavement on the southerly side of the road from CMP Pole J-4 to the intersection of Route 9.
  29. PEARL STREET: No parking on the southerly side of Pearl Street from Maine Street to Ocean Avenue.
  30. PIER ROAD: No parking on the pavement on the southerly side of the road from the intersection of the Langsford Road to a point opposite Fishers Lane excepting no parking between CMP Pole J-97 and CMP Pole J-98. No parking on the south west side of the Pier Road from Fishers Lane to the end of the Spicer Property so-called except between CMP Poles J-126 and J-129. No parking on the northerly side of the Pier Road from a point opposite CMP Pole J-97 to Fisher’s Lane except that 10 minute parking is permitted between CMP Pole J-103 and CMP Pole J-104 (in front of 24 Pier Road). No parking continuing on the north east side of the Pier Road to the stone wall abutting the pier parking area. Excepting off pavement parking on the Town Right of Way is allowed, where possible, between CMP Pole J-109 and CMP Pole J-110 (one space), between CMP Pole J-113 and CMP Pole J-117.1 (by the entrance road to the Stone Haven Hill development), and the small boat launch area adjacent to the causeway. Blocking access to the boat launch is prohibited and subject to fine and towing.  No overnight parking is permitted adjacent to the causeway boat launch area. No parking – loading zone only, for the service ramp from the pier parking area to Cape Porpoise Pier. Additionally, no parking 11 p.m. to 4 a.m. for the service ramp. The pier parking area consists of those areas suitable for parking located on Town-owned property on the Cape Porpoise Pier, subject to the limitations above and in the Cape Porpoise Pier Ordinance.

    Parking in the pier parking area shall be permitted for the following uses, in order of priority: (1) individuals paying pier dues to the Town: (2) users of the Cape Porpoise Pier for its primary use as a public fish pier, such as fishermen, vendors and others conducting business or performing services associated with the Pier; (3) users (including staff) of any businesses leased by the Town and located on Town-owned property on the Cape Porpoise Pier for the operation of businesses incidental to a public fish pier such as food take-out, restaurant, ship store, retail and wholesale, and lobster pounds; and (4) members of the general public who wish to access the Pier for sightseeing or recreation: and (5) other users by permission of the Town. No vehicle may stop, stand or park in the Pier parking area between the dates of May 15 and September 15 for the purpose of launching a kayak, canoe or other hand-carry boat or flotation device. The Town may assign personnel to permit, manage and direct the parking of vehicles in the Pier parking area.
  31. PLEASANT STREET BETWEEN PEARL STREET AND GREEN STREET: No parking on the easterly side of Pleasant Street between Green and South Streets.
  32. PLEASANT STREET BETWEEN GREEN STREET AND SOUTH STREET: No parking on the easterly side of Pleasant Street between Green and South Streets.
  33. SOUTH STREET: No parking on southerly side of street from the intersection of Maine Street to the intersection of Pleasant Street.
  34. SOUTH MAIN STREET: No parking on either side of South Main Street from the intersection of Wildes District Road to the intersection of Kings Highway.
  35. SPRING STREET: No parking on the northerly side of Spring Street from the intersection of Spring Street and Maine Street to the intersection of Spring Street with the entrance of the Municipal Parking Lot. No parking on the southerly side of Spring Street from the intersection of Spring Street and Maine Street to the intersection of Spring Street and Ocean Avenue. One-hour parking, from May 1st to the end of the Columbus Day weekend, unrestricted parking before and after, on the northerly side of Spring Street, from the Municipal Parking Lot entrance to the swing bridge, excepting the last parking space before the swing bridge will be a loading zone from 7 a.m. to 10 a.m. and 3 p.m. to 5 p.m. One-hour parking, from May 1st to the end of the Columbus Day weekend, unrestricted parking before and after, from the pharmacy front facing the Monument to Ocean Avenue, excepting four (4) 15 minute parking spaces immediately adjacent to the handicapped parking space. No parking on the southerly side of Spring Street from the swing bridge to the corner of the pharmacy building adjacent to the monument. One POLICE PARKING ONLY on the southerly side of Spring Street at the intersection with Ocean Avenue.
  36. SUMMIT AVENUE: No parking on the southerly side of Summit Avenue from Central Avenue to Ocean Avenue. No parking on the northerly side of Summit Avenue from Central Avenue to the fire hydrant adjacent to CMP Pole J9. No parking on pavement from hydrant adjacent to CMP Pole J9 to CMP Pole J8. No parking continuing on the northerly side of Summit Avenue from CMP Pole J8 to Ocean Avenue.
  37. TEMPLE STREET: No parking on either side of Temple Street twenty (20) feet from the intersection of Temple Street and Spring Street. No parking in front of the South Congregational Church the length of the granite curbing. Parking, one hour parking from May 1st to the end of the Columbus Day weekend, unrestricted parking before and after, on the westerly side of Temple Street to the exit of the Municipal Parking Lot, excepting one handicapped parking space nearest the fire hydrant. Parking is allowed on the easterly side of Temple Street. Parking is allowed on the westerly side of Temple Street from the end of the granite curbing in front of the South Congregational Church to the intersection of Temple and North Streets. One hour parking from May 1st to the end of the Columbus Day weekend, unrestricted parking before and after, on the easterly side of Temple Street from the intersection with Spring Street to the entrance of the United States Post Office parking area. Fifteen (15) minute parking between 8 a.m. and 6 p.m., from the entrance of the Post Office Parking area to the exit of the Post Office Parking area. Parking is allowed on the easterly side of Temple Street from the exit of the Post Office Parking area to the intersection of North Street.
  38. TURBATS CREEK ROAD: No parking on the southerly side of the road, from the intersection of Ocean Avenue to Turbats Creek. No parking on the northerly side of the road, from CMP Pole J-24 to Ocean Avenue.
  39. UNION STREET: No parking on either side of Union Street, from Ocean Avenue to Maine Street.
  40. WESMORE LANE: No parking (tow away zone) on the northerly side of the street. Parking (7 spaces) is allowed on the southerly side of the street from the intersection of North Street to a point twenty-one (21) feet beyond CMP Pole J-2 as marked.
  41. WEST STREET: No parking on the northerly side of West Street. Parking allowed on the southerly side of West Street.
  42. WHARF LANE: No parking on either side of Wharf Lane.
  43. WILDWOOD AVENUE: No parking on either side of Wildwood Avenue, from the intersection of Bellewood Avenue to BelAir Avenue. No parking on the pavement on either side of Wildwood Avenue, from the easterly side of the intersection of BelAir Avenue to the intersection of Proctor Avenue.
    • 43a. WILDWOOD AVENUE EXTENSION: No parking on either side of Wildwood Avenue Extension from Proctor Avenue to Broadway.

Section 3. Stopping at Intersections

Except when directed to proceed by a police officer, every driver or operator of a motor vehicle or self-propelled machinery shall, when approaching a through way or a stop intersection indicated by a stop sign, bring such vehicle to a full stop before proceeding through the intersection. The following intersections shall be controlled by stop signs for the purpose of regulating and controlling traffic moving in the direction designated:

  1. Acacia Road & School Street: For traffic moving from Acacia Road onto School Street.
  2. Arundel Road & North Street: For traffic moving from Arundel Road onto North Street.
  3. Arundel Road & Goose Rocks Road: For traffic moving from Arundel Road onto Goose Rocks Road.
  4. Atlantic Avenue & Ocean Avenue: For traffic moving from Atlantic Avenue onto Ocean Avenue.
  5. Bailey Court & School Street: For traffic moving from Bailey Court onto School Street.
  6. Beachwood Avenue Ext. & Beachwood Avenue: For traffic moving from Beachwood Avenue extension onto Beachwood Avenue.
  7. Beachwood Avenue & Mills Road: For traffic moving from Beachwood Avenue onto Mills Road.
  8. Beachwood Avenue & North Street: For traffic moving from Beachwood Avenue onto North Street.
  9. Beacon Avenue & Guinea Road: For traffic moving from Beacon Avenue onto Guinea Road.
  10. Bellewood Avenue & Kings Highway: For traffic moving from Bellewood Avenue onto Kings Highway.
  11. Birch Court & School Street: For traffic moving from Birch Court onto School Street.
  12. Central Avenue & Ocean Avenue: For traffic moving from Central Avenue onto Ocean Avenue.
  13. Clover Leaf Farm Road & Mills Road: For traffic moving from Clover Leaf Farm Road onto Mills Road.
  14. Chestnut Street & Ocean Avenue: For traffic moving from Chestnut Street onto Ocean Avenue.
  15. Church Lane & Temple Street: For traffic moving from Church Lane onto Temple Street.
  16. Community House Road & Wildwood Avenue: For traffic moving from Community House Road onto Wildwood Avenue.
  17. Crescent Avenue & Bartlett Avenue: For traffic moving in an easterly and westerly direction on Crescent Avenue.
  18. Cross Street & Union Avenue: For traffic moving from Cross Street onto Union Avenue.
  19. Dyke Road & Mills Road: For traffic moving from Dyke Road onto Mills Road.
  20. East Avenue & Ocean Avenue: For traffic moving from East Avenue onto Ocean Avenue.
  21. East Avenue & South Main Street: For traffic moving from East Avenue onto South Main Street.
  22. Eel Bridge Lane & Mills Road: For traffic moving from Eel Bridge Lane onto Mills Road.
  23. Elm Street & Maine Street: For traffic moving from Elm Street onto Maine Street.
  24. Elm Street & Ocean Avenue: For traffic moving form Elm Street onto Ocean Avenue.
  25. Fishers Lane & Pier Road: For traffic moving from Fishers Lane onto Pier Road.
  26. Goose Rocks Road & Log Cabin Road: For traffic moving from Goose Rocks Road onto Log Cabin Road.
  27. Goose Rocks Road & Mills Road: For traffic moving from Goose Rocks Road onto Mills Road.
  28. Grandview Avenue & South Main Street: For traffic moving from Grandview Avenue onto South Main Street.
  29. Grandview Avenue & Ocean Avenue: For traffic moving from Grandview Avenued onto Ocean Avenue.
  30. Green Street & Maine Street: For traffic moving from Green Street onto Maine Street.
  31. Green Street & Ocean Avenue: For traffic moving from Green Street onto Ocean Avenue.
  32. Guinea Road & Goose Rocks Road: For traffic moving from Guinea Road onto Goose Rocks Road.
  33. Guinea Road & Whitten Hills Road: For traffic moving from Guinea Road right onto Whitten Hills Road and left continuing on Guinea Road.
  34. Haverhill Street & Ocean Avenue: For traffic moving from Haverhill Street onto Ocean Avenue.
  35. High Street & School Street: For traffic moving from High Street onto School Street.
  36. Highpoint Drive & Wildes District Road: For traffic moving from Highpoint Drive onto Wildes District Road.
  37. Jeffrey’s Way & Kings Highway: For traffic moving from Jeffrey’s Way onto Kings Highway.
  38. Kings Highway (from East End) & New Biddeford Road: For traffic moving from Kings Highway onto New Biddeford Road.
  39. Kings Highway (from West End) & New Biddeford Road: For traffic moving in an easterly direction onto New Biddeford Road, Jeffrey’s Way or continuing straight.
  40. Kings Highway (from West End) & Dyke Road: For traffic moving from Kings Highway onto Dyke Road or continuing in an easterly direction onto Kings Highway.
  41. Kings Highway & Ocean Avenue: For traffic moving from Kings Highway onto Ocean Avenue.
  42. Kings Highway & South Main Street: For traffic moving from Kings Highway onto South Main Street.
  43. Langsford Road & Cape Porpoise Square: For traffic moving from Langsford Road into Cape Porpoise Square.
  44. Locke Street & North Street: For traffic moving from Locke Street onto North Street.
  45. Magnolia Drive & School Street: For traffic moving from Magnolia Drive onto School Street.
  46. Mapleview Avenue & Guinea Road: For traffic moving from Mapleview Avenue onto Guinea Road.
  47. Mast Cove Lane & Maine Street: For traffic moving from Mast Cove Lane onto Maine Street.
  48. Meserve Lane & North Street: For traffic moving from Meserve Lane onto North Street.
  49. Mill Lane & North Street: For traffic moving from Mill Lane onto North Street.
  50. Mount Kineo Road & Arundel Road: For traffic moving from Mount Kineo Road onto Arundel Road.
  51. Municipal Parking Lot Exit & Temple Street: For traffic moving from Municipal Parking Lot Exit onto Temple Street.
  52. New Biddeford Road & Mills Road: For traffic moving from New Biddeford Road onto Mills Road.
  53. New Biddeford Road & Kings Highway: For traffic moving from New Biddeford Road onto Kings Highway.
  54. Northwood Drive & Old Cape Road: For traffic moving from Northwood Drive onto Old Cape Road.
  55. Northwood Drive & North Street: For traffic moving from Northwood Drive onto North Street.
  56. Norwood Lane & Kings Highway: For traffic moving from Norwood Lane onto Kings Highway.
  57. Oak Ridge Road & Goose Rocks Road: For traffic moving from Oak Ridge Road onto Goose Rocks Road.
  58. Old Cape Road & School Street: For traffic moving from Old Cape Road onto School Street.
  59. Old Cape Road & Beachwood Avenue: For traffic moving from Old Cape Road onto Beachwood Avenue.
  60. Pearl Street & Maine Street: For traffic moving from Pearl Street onto Maine Street.
  61. Pearl Street & Ocean Avenue: For traffic moving from Pearl Street onto Ocean Avenue.
  62. Pier Road & Cape Porpoise Square: For traffic moving from Pier Road into Cape Porpoise Square.
  63. Pleasant Street & Green Street: For traffic moving from Pleasant Street onto Green Street.
  64. Port Farm Road & Wildes District Road: For traffic moving from Port Farm Road onto Wildes District Road.
  65. Proctor Road & Wildwood Avenue For traffic moving from Proctor Road onto Wildwood Avenue.
  66. River Road & North Street: For traffic moving from River Road onto North Street.
  67. River Road & Arundel Road: For traffic moving from River Road onto Arundel Road.
  68. Saddle Way & Highpoint Drive: For traffic moving from Saddle Way onto Highpoint Drive.
  69. Sand Point Road & Kings Highway: For traffic moving from Sand Point Road onto Kings Highway.
  70. School Street & Maine Street: For traffic moving from School Street onto Maine Street.
  71. South Street & Maine Street: For traffic moving from South Street onto Maine Street.
  72. South Street & Green Street: For traffic moving from South Street onto Green Street.
  73. South Main Street & Wildes District Road: For traffic moving from South Main Street onto Wildes District Road.
  74. South Main Street & Kings Highway: For traffic moving from South Main Street onto Kings Highway.
  75. Spouting Rock Road & Ocean Avenue: For traffic moving from Spouting Rock Road onto Ocean Avenue.
  76. Spring Street & Maine Street: A Three Way Stop Sign for traffic moving from Spring Street onto Maine Street and from Maine Street onto Spring Street.
  77. Stone Road & Beachwood Avenue: For traffic moving from Stone Road onto Beachwood Avenue.
  78. Stone Road & Goose Rocks Road: For traffic moving from Stone Road onto Goose Rocks Road.
  79. Stonewood Lane & Northwood Drive: For traffic moving from Stonewood Lane onto Northwood Drive.
  80. Summit Avenue & Central Avenue: For traffic moving from Summit Avenue onto Central Avenue.
  81. Summit Avenue & Ocean Avenue: For traffic moving from Summit Avenue onto Ocean Avenue.
  82. Temple Street & Maine Street: For traffic moving from Temple Street onto Maine Street.
  83. Touchstone Drive & South Main Street: For traffic moving from Touchstone Drive onto South Main Street.
  84. Towne Street & School Street: For traffic moving from Towne Street onto School Street.
  85. Turbats Creek Road & Ocean Avenue: For traffic moving from Turbats Creek Road onto Ocean Avenue.
  86. Turbats Creek Road & Wildes District Road: For traffic moving from Turbats Creek Road onto Wildes District Road.
  87. Union Street & Maine Street: For traffic moving from Union Street onto Maine Street.
  88. Wakefield Pasture Road & Wildes District Road: For traffic moving from Wakefield Pasture Road onto Wildes District Road.
  89. Walkers Lane & North Street: For traffic moving from Walkers Lane onto North Streeet.
  90. Walkers Lane & Beachwood Avenue: For traffic moving from Walkers Lane onto Beachwood Avenue.
  91. Ward Road & Maine Street: For traffic moving from Ward Road onto Main Street.
  92. Ward Road & Langsford Road: For traffic moving from Ward Road onto Langsford Road.
  93. Washington Court & School Street: For traffic moving from Washington Court onto School Street.
  94. West Street & North Street: For traffic moving from West Street onto North Street.
  95. Whitten Hills Road & Goose Rocks Road: For traffic moving from Whitten Hills Road onto Goose Rocks Road.
  96. Wildes District Road & Main Street: For traffic moving from Wildes District Road onto Main Street.
  97. Willey Road & Goose Rocks Road: For traffic moving from Willey Road onto Goose Rocks Road.
  98. Windmere Place & Ocean Avenue: For traffic moving from Windmere Place onto Ocean Avenue.
  99. Winslow Lane & Highpoint Drive: For traffic moving from Winslow Lane onto Highpoint Drive.
  100. Winter Harbor Road & Mills Road: For traffic moving from Winter Harbor Road onto Mills Road.
  101. Winter Harbor Road & New Biddeford Road: For traffic moving from Winter Harbor Road onto New Biddeford Road.
  102. Woodlawn Avenue & Wildes District Road: For traffic moving from Woodlawn Avenue onto Wildes District Road.

Section 4. One Way Traffic

  1. Cross Street: from Spring Street toward Union Street.
  2. East Avenue: from South Main Street toward Ocean Avenue.
  3. Green Street: from Ocean Avenue toward Maine Street.
  4. Haverhill Street: from Arlington Street toward Ocean Avenue.
  5. Municipal Parking Lot Exit: from parking lot toward Temple Street.
  6. Pearl Street: from Maine Street toward Ocean Avenue.
  7. Spouting Rock Avenue: from Summit Avenue toward Ocean Avenue.
  8. Temple Street: from Spring Street toward North Street.

Section 5. Fire Lanes

  1. Access Road: Both sides of the road.
  2. Bartlett Avenue: Both sides of the road.
  3. BelAir Avenue: Both sides of the road.
  4. Bellewood Avenue: Both sides of the road.
  5. Chestnut Street: Southerly side only.
  6. Dorrance Road: Both sides of the road.
  7. Edgewood Avenue: Both sides of the road.
  8. Elm Street: The northerly side of Elm Street except for limited parking spaces in front of the Town Office.
  9. Haywood Avenue: Both Sides of the road.
  10. Proctor Avenue: Both sides of the road.
  11. Summer Street: Easterly side only.

Section 6. Handicapped Parking

The Town of Kennebunkport will provide for the maintenance and policing of parking stalls or spaces designated for handicapped persons. There shall be immediately adjacent to and visible from, a wheelchair with occupant in white on a blue background with the wording “Handicapped Parking”. Any vehicle parked in such a stall or space that does not have a special registration plate or placard issued under M.R.S.A. Title 29, Section 252, or a similar plate issued by another state, shall be cited for a fine of two hundred dollars ($200.00) and towed away at the owner’s expense.

The Selectmen of Kennebunkport may enter into agreement with the owners of private off-street parking facilities for the policing, when notified, of stalls and spaces dedicated for handicapped persons’ vehicles, under which agreements the owner of the vehicle shall be cited for a fine of two hundred dollars ($200.00) and the unauthorized vehicle shall be towed away at the owner’s expense.

Spaces shall be designated for handicapped persons at the following locations:

  1. One space on the southerly side of Spring Street at the intersection of Spring Street with Austin’s Alley so-called.
  2. Two non-parallel spaces at the southerly end of Parson’s Way abutting St. Ann’s Church.
  3. Three spaces nearest the entrance in the Municipal Parking Lot on the easterly side of the lot.
  4. One space on the westerly side of the Municipal Parking Lot.
  5. One space on the westerly side of Dyke Road, at the intersection of Dyke Road and Kings Highway.
  6. One space on Jeffrey’s Way at the intersection of Kings Highway.
  7. Two spaces on Kings Highway, opposite Edgewood Avenue.
  8. One space at the Municipal Office Building.
  9. One space on the Pier Road, at the Cape Porpoise Pier.
  10. One space on the westerly side of Temple Street, nearest the fire hydrant.

Section 7. Emergency Vehicles

Authorized emergency vehicles shall include private automobiles or trucks owned by and operated by members of the Fire and Police Departments, and the cars, trucks and equipment owned by Fire Police, Public Utility, and other similar emergency organizations, while employed on emergency duty and having their emergency lights in operation.

The provisions of this Ordinance shall apply to authorized emergency vehicles as follows:

A driver operating any such vehicle in an emergency, except when otherwise directed by a Police Officer, may:

  1. Park or stand such emergency vehicle notwithstanding the provisions of this Ordinance.
  2. Proceed past a red light or stop signal, but only after slowing down as may be necessary for safe operation.
  3. Exceed the posted speed limit, as long as he/she does not endanger life or property.
  4. Disregard regulations specifying direction or movement or turning, as long as he/she does not endanger life or property.
  5. Proceed with caution past a school bus that is stopped and that has red lights flashing, only:
    1. After coming to a complete stop; and
    2. When signaled by the school bus operator to proceed.

The foregoing exceptions, however, shall not protect the driver of any such vehicle from the consequences of reckless disregard for the safety of others.

Section 8. Tampering With Signs

No person shall maliciously tamper with, deface, alter or destroy any traffic or parking sign, printing or painting posted by the Town of Kennebunkport.

Section 9. Snow Removal

Parking is prohibited on any public way between 12:00 midnight and 6:00 a.m. from December 1st to April 15th the next following year. Exception: In the event that a snow emergency is declared by the Chairman of the Board of Selectmen, or his/her designated representative, based upon a recommendation of the Highway Superintendent or his/her representative, then parking on any public way will be prohibited for the time or period indicated in the declaration. The emergency declaration can be for the Town as a whole, or a portion thereof, depending upon the needs of the Highway Superintendent. Any vehicle found in violation of this section, by either the Highway or Police Departments may be removed by the Chief of Police or one of his/her authorized officers. Any towing or garage expense shall be paid by the owner of any vehicle so removed.

Section 10. Sleeping in Vehicles

It shall be unlawful for any person to sleep overnight in any vehicle or trailer, so-called, parked upon any public park, parking lot, road, street or highway within the limits of the Town of Kennebunkport without first obtaining permission from the Chief of Police or his/her representative.

Section 11. Motor Vehicles Prohibited on Sidewalk

No person shall operate a motor vehicle upon a sidewalk in the Town of Kennebunkport. This section does not prohibit the crossing over a sidewalk to enter any way, drive, or other property.

Section 12. Violations

Any vehicle of any kind or description found stopped, standing, or parked upon any street, way, highway, road, parking area, or public place under the control of the Town in a manner or for a length of time prohibited by the Ordinance, is herby declared to be an obstruction in such place and a menace to the safe and proper regulation of traffic.

Section 12A. Commercial Operation of a Horse Drawn Vehicle

  1. Purpose: The purpose of this Ordinance is to provide for public safety and convenience as well as the welfare of the animal(s), and to preclude added traffic congestion in the downtown area during the crowded summer season. This Ordinance applies only to commercial operations as defined below. Commercial operation of horse drawn vehicles in other areas of the Town may be allowed upon request and on approval of the Chief of Police so long as he/she determines that there is no threat to public safety.
  2. Definitions: For purposes of this Ordinance, Operation of a Horse Drawn Vehicle shall mean any carriage, wagon, cart, sled or sleigh, or other device, whose principal means of propulsion is a single or a two horse hitch. Commercial Operation, for purposes of this Ordinance, means a business enterprise which provides or offers to the public, for a fee, the ability to ride a horse drawn vehicle. Business Enterprise, for the purposes of this Ordinance, shall mean any individual, partnership, corporation, association or other legal entity.
  3. Regulations:
    1. From June 15 to October 15 the commercial operation of a horse drawn vehicle without a permit is prohibited in the following areas:
      1. Village Residential Zone
      2. Village Residential East Zone
      3. Dock Square Zone
      4. River Front Zone
      5. Cape Arundel Zone
      6. Exception: The operation of a horse drawn vehicle when it is used for the movement of wedding parties.
    2. The Town Clerk shall issue a maximum of two carriage permits (but no more than one carriage for each permit) annually for the commercial operation of horse drawn vehicles between June 15 and October 15 along the specific route described below.
      1. Two permits (but no more than one carriage for each permit) will be available on the first Monday in January at the Town Clerk’s office during the Clerk’s regular business hours. If there are more qualified applicants than permits as of the close of business on that Monday (or such later date until all permits are issued), then the permits shall be issued on a first come, first served basis with priority preference to Kennebunkport taxpayers; provided, however, there shall be a right of first refusal for existing permit holders for an overall term not to exceed five (5) years. Permits will be Twenty-Five Dollars ($25). Permits are non-transferable, except where there is a change of ownership of the business, in which case the permit is transferable to the new owner for the balance of that permit period.
      2. Permit holders are restricted in operation to the following route:
        1. Maine Street between Spring Street and South Street
        2. Dock Square (without stopping)
        3. Ocean Avenue between Dock Square and Green Street
        4. Spring, Union, Chestnut, Elm, Pearl, Pleasant, Green and South Streets
      3. Except as otherwise provided for weddings, passenger pick up and discharge may be done only in front of the Trolley Stop so-called, on Ocean Avenue.
    3. The vehicle to be used must be inspected by the Police Department before a permit is granted. Prior to the issuance of a permit, the operator of the horse drawn vehicle must certify in writing prior to operation, that the horses will be equipped with either leather, rubber or Borium horse shoes in order to prevent damage to the road surface. Note: The use of metal shoes is prohibited on a year round basis on any street within the Town of Kennebunkport. (This provision does not apply to recreational horse riding.)
    4. Liability insurance must be carried by the owner of the horse(s) and vehicle 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.
    5. Prior to the issuance of a permit, a veterinary certificate showing that the horse(s) is(are) capable of performing the work required, and that it is (they are) in suitable health shall be presented.
    6. Horse drawn vehicles shall not operate when the temperature is 90 degrees or over, or in a combined temperature and humidity of 140 degrees or over, or in weather detrimental to either the horse or the public.
    7. Horses shall not be worked more than eight (8) hours in any continuous twenty-four (24) hour period. There shall be rest of fifteen (15) minutes after each two (2) hour working period.
    8. A manure catching device shall be used. The operator shall be responsible for cleaning up any spillage immediately. Failure to clean up spillage will result in revocation of the permit. Disposal of such spillage shall be in a covered container provided by the operator. The operator shall ensure that the container is emptied on a daily basis, but not into the town’s receptacles.
  4. 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.
  5. Enforcement: The Chief of Police or any of his/her 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.
  6. 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. 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.
  7. Penalties Accrue to the Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
  8. Effective Date: This Ordinance shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.

Section 12B. Commercial Operation of a Tour Bus:

  1. Purpose: The purpose of this Ordinance is for public safety and convenience, for the welfare of the citizens and is intended to provide for safe passage and to reduce traffic congestion of vehicles on the Town’s narrow and winding roads. This Ordinance applies only to operations as defined below.
  2. Definition: For purposes of this Ordinance a commercial tour bus is defined as a motor vehicle designed for carrying more than 15 persons, including the operator.
  3. Exceptions:  a) School buses; and b) The “Trolley” and “Shuttle Bus” so-called, used for the conveyance of persons within the Kennebunks at the time of the adoption of this Ordinance shall continue to utilize the designated “Trolley Stops” for pick up and discharge of passengers. Expansion of either existing service within the communities will be governed by this Section (Exceptions).
  4. Regulations:
    1. Commercial Tour Buses may utilize Cross Street to discharge or pick up passengers and are limited to ten (10) minutes to accomplish their task. Bus engines are required to be turned off at this location while performing either function. Tour Buses shall only discharge and pick up passengers on the south side of Cross Street.
    2. Commercial Tour Buses utilizing any area designated by the Town to discharge or pick up passengers are limited to ten (10) minutes to accomplish their task. Bus engines are required to be turned off at the location while performing either function.
    3. Commercial Tour Buses are prohibited from stopping, standing, parking, loading or unloading on any street or way bounded by Elm Street, Maine Street, North Street, Church Lane, Temple Street, Spring Street and Ocean Avenue, except as otherwise expressly authorized by this Ordinance.
    4. Commercial Tour Buses are prohibited from stopping, standing, parking, loading or unloading on Ocean Avenue.
    5. Commercial tour buses are prohibited from turning around and retracing their route while operating on the following roads; on Ocean Avenue starting from the Colony Hotel so-called, along the Turbats Creek Road and Wildes District Road.
  5. Notification: Beginning August 15, 2003, between May 1st and October 31st each year, commercial tour buses utilizing any expressly authorized location on any public way, street or other Town owned property to discharge or pick up passengers are required to notify the Town of their intent to utilize an expressly authorized location, by notifying the town or its authorized designated person or entity. Notification must be provided to the Town at least three (3) days in advance to allow the town to prepare for each arrival and departure. Permits will be made available to parties, on a first come first serve basis, which shall be valid for one (1) arrival and one (1) departure. No more than ten (10) commercial tour buses (any combination of arrivals and departures provided the total number of trips does not exceed ten) that have made the required advanced notification will be scheduled per hour each day between the hours of 9:00 am and 7:00 pm. Commercial tour buses arriving without having made the required notification and without having received a permit are subject to space availability (not to exceed the ten (10) bus limit per hour). When issuing permits, the Town shall take into consideration that no more than four (4) commercial buses should be parked simultaneously on Cross Street.
  6. Enforcement: The Chief of Police or any of his/her 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.
  7. Civil Penalty: Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.
  8. Penalities:
    • First Offense:  A fine of One Hundred Dollars ($100.00) be imposed. (Note: Officers have the discretion of issuing a warning depending on the circumstances.)
    • Second and Subsequent Offenses: A fine of Two Hundred and Fifty Dollars ($250.00) be imposed. 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.
  9. Penalties Accrue to the Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
  10. Effective Date: This Ordinance shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.
  11. Severability: Should any section or part of a section or any provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.

Section 12C. Commercial Operation of a Trolley.

  1. Purpose: The purpose of this Ordinance is to provide for public safety and convenience, and to preclude added traffic congestion in the downtown area during the crowded summer season. This Ordinance applies only to commercial operations as defined below that utilize the Town Trolley stop on Ocean Avenue.
  2. Definitions: For purposes of this Ordinance, Operation of a Trolley shall mean any vehicle or other device whose principal means of propulsion is an internal combustion engine. Commercial Operation, for purposes of this Ordinance, means a business enterprise which provides or offers to the public for a fee the ability to ride a trolley. Business Enterprise, for purposes of this Ordinance, shall mean any individual, partnership, corporation, association or other legal entity.
  3. Regulations:
    1. From June 15 to October 15 the commercial operation of a trolley without a permit is prohibited in the following areas:     
      1. Village Residential Zone
      2. Village Residential East Zone
      3. Dock Square Zone
      4. River Front Zone
      5. Cape Arundel Zone
      6. Exception: The operation of a trolley when it is used for the movement of wedding parties or one-time special events.
    2. The Town Clerk will issue a maximum of two (2) trolley permits yearly for the commercial operation of a trolley between June 15 and October 15. Two (2) permits (but no more than one trolley for each permit) will be available on the first Monday in January at the Town Clerk’s office during the Clerk’s regular business hours. If there are more qualified applicants than permits as of the close of business on that Monday (or such later date until all permits are issued), then the permits shall be issued on a first come, first served basis with priority preference to Kennebunkport taxpayers; provided, however, there shall be a right of first refusal for existing permit holders for an overall term not to exceed five (5) years. Permits will be Twenty-Five Dollars ($25). Permits are non-transferable, except where there is a change of ownership of the business, in which case the permit is transferable to the new owner for the balance of that permit period. Permit holders are restricted to loading and unloading at (a) the trolley stop, so-called, located on Ocean Avenue; (b) hotels and motels, inns, and other lodging establishments along the route.
    3. Before a permit is granted, the vehicle operator must show written proof that the Trolley used is registered, inspected and insured in accordance with the laws of the State of Maine.
  4. 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.
  5. Enforcement: The Chief of Police or any of his/her 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, may summons the offender to the District Court.
  6. Civil Penalty: Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.
    1. First Offense: Written Warning and a copy of this Ordinance.
    2. Second and Subsequent Offenses: Shall be at the discretion of the officer up to and including a 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. 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.
  7. Penalties accrue to the Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
  8. Effective Date: This Ordinance shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.

Section 12D. Restricting Vehicle Weight on Posted Ways

  1. Purpose and Authority: The purpose of this Section “Restricting Vehicle Weight on Posted Ways” (hereinafter, the Section) is to prevent damage to town ways and bridges in the Town of Kennebunkport which may be caused by vehicles of excessive weight, to lessen safety hazards and the risk of injury to the traveling public, to extend the life expectancy of Town ways and bridges, and to reduce the public expense of their maintenance and repair. This Section is adopted pursuant to 30-A M.R.S.A. Section 3009 and 29-A M.R.S.A. Sections 2395 and 2388.
  2. Definitions: The definitions contained in Title 29-A M.R.S.A. shall govern the construction of words contained in this Section. Any words not defined therein shall be given their common and ordinary meaning.
  3. Restrictions and Notices: The municipal officers may, either permanently or seasonally, impose such restrictions on the gross registered weight of vehicles as may, in their judgment, be necessary to protect the traveling public and prevent abuse of the highways, and designate the town ways and bridges to which the restrictions shall apply. Whenever notice has been posted as provided herein, no person may thereafter operate any vehicle with a gross registered weight in excess of the restriction during any applicable time period on any way or bridge so posted unless otherwise exempt as provided herein. The notice shall contain, at a minimum, the following information: the name of the way or bridge, the gross registered weight limit, the time period during which the restriction applies, the date on which the notice was posted, and the signatures of the municipal officers, or their designee. The notice shall be conspicuously posted at each end of the restricted portion of the way or bridge in a location clearly visible from the traveled way. Whenever a restriction expires or is lifted, the notices shall be removed wherever posted. Whenever a restriction is revised or extended, existing notices shall be removed and replaced with new notices. No person may remove, obscure or otherwise tamper with any notice so posted except as provided herein.
  4. Exemptions: Vehicles that are exempt from the Maine Department of Transportation’s (MDOT) “Rules and Regulations Restricting Heavy Loads on Closed Ways” dated December 31, 1996 and amended on March 4, 1998, a copy of which is attached hereto and is hereby incorporated as part of this Section (Attachment A), are exempt from this Section. In addition, any vehicle delivering home heating fuel and operating in accordance with a permit issued by the MDOT under 29-A M.R.S.A. Section 2395 (4) and, when necessary during a period of drought emergency declared by the governor, any vehicle transporting well-drilling equipment for the purpose of drilling a replacement well or for improving an existing well on property where that well is no longer supplying sufficient water for residential or agricultural purpose and operating in accordance with a permit issued by the MDOT under 29-A M.R.S.A. Section 2395 (4-A).
  5. Permits: The owner or operator of any vehicle not otherwise exempt as provided herein may apply in writing to the municipal officers, or their designee, for a permit to operate on a posted way or bridge notwithstanding the restriction. The municipal officers, or their designee, may issue a permit only upon all of the following findings:
    1. No other route is reasonably available to the applicant;
    2. It is a matter of economic necessity and not mere convenience that the applicant use the way or bridge; and
    3. The applicant has tendered cash, a bond or other suitable security running to the municipality in an amount sufficient, in their judgment, to repair any damage to the way or bridge which may reasonably result from the applicant’s use of same. Even if the municipal officers, or their designee, make the foregoing findings, they need not issue a permit if they determine the applicant’s use of the way or bridge could reasonably be expected to create or aggravate a safety hazard or cause substantial damage to a way or bridge maintained by the municipality. They may also limit the number of permits issued or outstanding as may, in their judgment, be necessary to preserve and protect the highways and bridges. In determining whether to issue a permit, the municipal officers, or their designee, shall consider the following factors:
      1. The gross registered weight of the vehicle;
      2. The current and anticipated condition of the way or bridge;
      3. The number and frequency of vehicle trips proposed;
      4. The cost and availability of materials and equipment for repairs;
      5. The extent of use by other exempt vehicles; and
      6. Such other circumstances as may, in their judgment, be relevant. The municipal officers, or their designee, may issue permits subject to reasonable conditions, including but not limited to restrictions on the actual load weight and the number of frequency of vehicle trips, which shall be clearly noted on the permit.
  6. Administration and Enforcement: This Section shall be administered and may be enforced by the municipal officers or the Kennebunkport Police Department.
  7. Penalties: Any violation of this Section shall be a civil infraction subject to a fine of not less than $250.00 or more than $1000.00. Each violation shall be deemed a separate offense. In addition to any fine, the municipality may seek restitution for the cost of repairs to any damaged way or bridge and all other costs incurred by the Town in enforcing this ordinance. Prosecution shall be in the name of the municipality and shall be brought in the Maine District Court.
  8. Amendments: This Section may be amended by the municipal officers at any properly noticed meeting.
  9. Severability; Effective Date: In the event any portion of this Section is declared invalid by a court of competent jurisdiction, the remaining portions shall continue in full force and effect. This Section shall take effect immediately upon enactment by the municipal officers at any properly noticed meeting.

Attachment A - Department Of Transportation

RULES AND REGULATIONS RESTRICTING HEAVY LOADS ON CLOSED WAYS

SUMMARY: The following rules and regulations restrict heavy loads on posted State and State Aid Highways from November 15 to June 1, pursuant to the Department’s authority under Title 29-A M.R.S.A., Section 2395.

  1. DEFINITIONS:
    1. The definitions contained in Title 29-A, Section 101 of the Maine Revised Statutes Annotated shall govern the construction of the words contained in this regulation.
    2. Gross weight is the combined weight of the vehicle and its load.
    3. Special Mobile Equipment. “Special Mobile Equipment” shall mean every self-propelled vehicle not designed or used primarily for the transportation of persons or property but which is operated over the highways, including road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, trucks used only as snowplows and for carrying sand for ballast only, well drillers and wood-sawing equipment used for hire. This enumeration shall be deemed partial and shall not operate to exclude other such vehicles which are within the general terms of this section.
  2. DESIGNATED CLOSED WAYS: In order to prevent excessive damage to State and State-Aid Highways, the Director of Bureau of Maintenance and Operations or the Division Engineer in whose Division the highway lies may close all or part of a highway to heavy vehicles during any time from November 15 to June 1. No vehicles shall travel over closed ways except those permitted by this regulation.
  3. NOTICE: Notice shall be given by erecting at each end of the closed highway a poster indicating the following: (1) the date of the posting; (2) a description of the highway closed; (3) a summary of the vehicles exempt from the closing; (4) the name of the Division Engineer; and (5) statutory and regulatory references.
  4. EXEMPTION – FROZEN HIGHWAYS: This regulation shall not apply to any closed highway which is solidly frozen. The highway is considered “solidly frozen” only when the air temperature is 32 degrees Fahrenheit or below and no water is showing in the cracks of the road. Both conditions must be met.
  5. EXEMPT VEHICLES: The following vehicles are exempt from this regulation:
    1. Any vehicle or combination of vehicles registered for a gross weight of 23,000 pounds or less.
    2. Any vehicle or combination of vehicles registered for a gross weight in excess of 23,000 pounds and traveling without a load other than tools or equipment necessary for the proper operation of the vehicle. This exemption does not apply to special mobile equipment. It shall be a defense to a violation of this sub-section if the combined weight of any vehicle or combination of vehicles registered for a gross weight in excess of 23,000 pounds and its load is in fact less than 23,000 pounds.
    3. Maine Department of Transportation highway maintenance vehicles or vehicles under the direction of a public jurisdiction with permission of the Department engaged in emergency maintenance of public highways or appurtenances thereto.
    4. Passenger cars, pickup trucks, emergency vehicles, school buses, and vehicles with three axles or less under the direction of a public utility and engaged in plant maintenance or repair. See: Amendment, Posted Road Rules
    5. Any vehicle transporting home heating fuel (oil, gas, coal, stove-size wood) to a private consumer, gasoline, groceries, bulk milk, bulk feed, solid waste, rubbish, or medical gases may apply for an exemption certificate (included). These vehicles must be registered in excess of 23,000 pounds and must be carrying a partial load with a weight equal to or less than that indicated on an exemption certificate issued by the Maine Department of Transportation (included). This certificate shall accompany the vehicle at all times as shall weigh slips, delivery slips, or bills of lading for the load being carried. The allowable weight indicated on the exemption certificate will be based on weights listed in the table included. Applicants for exemption certificates must present a certified weigh slip for the empty weight of the unloaded vehicle as a prerequisite to obtaining an exemption certificate.
    6. Any combination vehicle of five axles or more weighing 80,000 pounds gross or less hauling perishable products. A permit issued by the Department of Transportation shall accompany any load of perishable products. (See STATE OF MAINE Trip Ticket for Perishable Products).
    7. Division Engineers, at their discretion and in extraordinary circumstances, may allow heavy loads over posted roadways involving singular, nonrecurring moves. Such permission shall be made in writing and shall accompany the vehicle at all times.
  6. PROCEDURES FOR OBTAINING AND USING TRIP TICKETS FOR HAULING PERISHABLE PRODUCTS OVER SEASONALLY POSTED ROADS:
    1. It is now possible for a shipper to haul perishable products over seasonally closed ways by securing apermit from the Maine Department of Transportation at any one of MDOT’s seven Division Offices.
    2. The permit issued will be in the form of individual pre-numbered trip tickets for hauling of perishable products by 5-axle-or-more combination vehicles and will be limited to a combined weight of 80,000 lbs. and may, on occasion, be further limited by time, route, and temperature.
    3. These trip tickets for hauling perishable products over seasonally closed ways will cost $5.00 each. (Checks payable to Treasurer, State of Maine) These trip tickets will consist of three copies each with the following distribution: (1) original copy (white) – for driver; (2) second copy (green) – to be returned immediately to the Maine Department of Transportation; and (3) third copy (pink) – to be retained by the shipper.
    4. The shipper or shipper’s agent will call the appropriate Division Office and complete his/her form simultaneously with, and under guidance of the Permit Clerk.  The customer is to have all the information that is required on the trip ticket before he/she makes the call. Trip tickets are to be made out in ink.
    5. After routing check and verification, the customer will be given a permit number which must be entered on the form in order to make it valid for law enforcement purposes. When the required information is entered and the call is completed, the Permit is issued and the move may be made. The original trip ticket must accompany the load.
    6. Each time a trip ticket is filled out, the green copy must be mailed immediately to the Maine Department of Transportation.
    7. MDOT clerks will be available to take information for these trip tickets between the hours of 8 A.M. and 4 P.M., Monday through Friday at the appropriate Division Office.
    8. Additional trip tickets will not be issued to shippers in continual violation of any of the required procedures.
    9. The Department will retain the right to close any posted road to the hauling of perishable products in extreme circumstances.

EFFECTIVE DATE: ________________, 1996
SIGNED _________________________
JOHN G. MELROSE, COMMISSIONER
MAINE DEPARTMENT OF TRANSPORTATION

Amendment, Posted Road Rules. The Commissioner concurred in the action taken by Marc H. Guimont, Director, Bureau of Maintenance and Operations when on March 3, 1998, he amended the Posted Roads Rules to specifically exempt tow trucks from hauling otherwise legal vehicles over a posted road. Such a combination of vehicles will not be considered a loaded vehicle for purposes of subsection D of the exemptions. Subsection D is amended to read: “Passenger cars, pickup trucks, emergency vehicles, school buses, a wrecker towing a disabled vehicle of legal weight from a posted highway and vehicles with three axles or less under the direction of a public utility and engaged in plant maintenance and repair.”

3/04/98

ITEM FOR COMMISSION RECORD

2/20/91

The Commissioner repealed rule 17-229-303 “Rules And Regulations Restricting Heavy Loads On Closed Ways” as last amended on June 26, 1985.

The Commissioner has enacted a new rule pursuant to M.R.S.A. Title 29, Sections 902 and 903 entitled “Rules and Regulations Restricting Heavy Loads On Closed Ways.” This new rule replaces the old rule and is not being adopted under the Administrative Procedures Act rulemaking process because the new rule is now exempt from that process as provided by M.R.S.A. Title 29, Section 903. The old rule is rescinded and the new rule is effective as of February 20, 1991.

Approved by Commissioner of Transportation 2/20/91

Section 12E. Commercial Operation of a Pedicab

  1. Purpose: The purpose of this Ordinance is to provide for public safety and convenience and to prevent added traffic congestion in the downtown area during the crowded summer season. This Ordinance applies only to commercial operations as defined below. Commercial operation of Pedicab vehicles in other areas of the Town may be allowed upon request and on approval of the Chief of Police or his/her designee so long as he/she determines that there is no threat to public safety.
  2. Definitions: For purposes of this Ordinance, Operation of a Pedicab Vehicle shall mean a carriage type tricycle whose principal means of propulsion is pedaling by a single person. Commercial Operation, for purposes of this Ordinance, means a business enterprise which provides or offers to the public, for a fee, the ability to ride a humanly propelled vehicle.  Business Enterprise, for purposes of this Ordinance, shall mean any individual, partnership, corporation, association or other legal entity.
  3. Regulations:
    1. From June 15th to October 15th the commercial operation of Pedicab type vehicles without a permit is prohibited in all areas of Kennebunkport. From October 16th to June 14th commercial operation of Pedicab type vehicles is prohibited.
    2. The Town Clerk shall issue a minimum of one (1) and a maximum of three (3) Pedicab permits (but no more than one (1) Pedicab for each permit) annually for the commercial operation of Pedicab vehicles between June 15th and October 15th along the specific routes described below. Three (3) permits (but no more than one (1) Pedicab for each permit) will be available on the first business day in January at the Town Clerk’s office during the Clerk’s regular business hours. If there are more qualified applicants than permits as of the close of business on that day (or such later date until all permits are issued), then the permits shall be issued on a first come, first served basis. Permits will be Twenty-Five Dollars ($25). Permits are non-transferable, except where there is a change of ownership of the business, in which case the permit is transferable to the new owner for the balance of that permit period. The permit issued shall be valid only during the calendar year for which they are issued. Pedicab Operators:
      1. Operators must be 18 years of age or older;
      2. The applicant must have a valid State driver’s license and present a copy to the police department;
      3. A certificate of physical fitness issued by a practicing physician will be presented to the Police Department prior to operating a pedicab;
      4. A neat and clean appearance is expected of all pedicab drivers while on duty; and
      5. Drivers shall not, when otherwise available for hire, refuse to transport any one requesting a ride except under the following circumstances:
        1. The transportation requested is such that the driver may not legally accept such passenger;
        2. The driver has reasonable cause to believe that the proposed  passenger will refuse to pay or cannot pay the fare; or
        3. The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger.
    3. Permit holders are restricted in operation to the following routes:
      1. Maine Street between Spring Street and South Street;
      2. Dock Square, North Street to 30 North Street (Municipal Lot);
      3. 3.  Ocean Ave. between Dock Square and the Rhumb Line, including Kings Highway; and
      4. Temple Street, Church Lane, Mill Lane, Spring Street, Union Street, Chestnut Street, Elm Street, Pearl Street, Pleasant Street, Green Street, South Street and School Street to the Consolidated School, High Street, Towne Street and Birch Lane.
    4. The vehicle(s) to be used and the operators of said vehicles must comply with provisions set forth in the Maine Motor Vehicle Statutes and state and local traffic laws and regulations. All Pedicabs will be inspected by the police department prior to June 15th of each year. The following will be grounds for removal of the permit:
      1. Failing to complete an inspection prior to the above date;
      2. Operating a Pedicab while under the influence of alcoholic beverages or controlled substances other than medication prescribed by a physician as long as it does not impair operation;
      3. Operating a Pedicab in any manner which impedes or blocks the normal or reasonable movement of pedestrian or vehicular traffic; and
      4. Operating or causing to be operated any Pedicab upon or along any route unless the Chief of Police or his designee approves such route.
    5. Liability insurance must be carried by the owner of the Pedicab vehicles 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.
    6. Pedicab hours or operation shall be from 8:00 a.m. to 1:30 a.m. within the stated dates.
    7. Rates and Prices: A rate card bearing the following statement shall be displayed on each vehicle as to be visible to passengers at all times while the vehicle is in service:
      • Passenger Information
      • Cab No.______
      • The Maximum fare for any trip in this vehicle is $5.00 per passenger per quarter hour or fraction thereof, regardless of the distance of the trip. If you have questions or complaints about the fare you have been charged or the service you have received please call the Kennebunkport Police Department at 207-967-2700.
  4. Solicitation of Business: No person shall solicit business in any manner for any licensed Pedicab while on route.  Prohibited solicitation while standing shall include shouting, hollering, whistling, clapping or making other loud noises, grabbing or otherwise annoying or harassing passersby, or any other conduct detrimental to the image or reputation of the trade or the public safety or disturbance of the peace.
  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.
  6. Enforcement: The Chief of Police or any of his/her 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.
  7. Civil Penalty: Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.
    1. First Offense: Written Warning and a copy of this Ordinance.
    2. Second and Subsequent Offenses: Shall be at the discretion of the officer up to and including a fine of One Hundred Dollars ($100.00).
    3. 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 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 fee and the cost of legal counsel.
  8. Penalties Accrue to Town: All civil penalties collected under this Ordinance shall accrue to the Town of Kennebunkport.
  9. Effective Date: This Ordinance shall become effective immediately upon approval by a majority vote of the Kennebunkport Board of Selectmen.

Section 13. Goose Rocks Beach Parking Stickers

  1. Restrictions: In order to promote public safety and the social and aesthetic well-being of the residents and guests of the Town of Kennebunkport, the following restrictions are placed upon vehicles parked in the Goose Rocks Beach area, such area to include public roads that are located in the area which is south of Route 9 and east of the Batson River and west of Little River.
    1. Parking in the designated area of Goose Rocks Beach (public roads that are located in the area which is south of Route 9 and east of the Batson River and west of Little River) by sticker permit only will be in effect daily between the hours of 8:00 a.m. and 6:00 p.m. from the beginning of the Memorial Day weekend through the Labor Day weekend of each year. Parking during all other times shall be in compliance with any other applicable sections of the Kennebunkport Traffic and Parking Control Ordinance.
      1. No vehicle shall display a Goose Rocks Beach parking sticker if that vehicle is greater than seven feet (7’) in height and/or eighteen feet (18’) in length. (The length of a vehicle includes any attached appurtenances, such as trailers.)
      2. Stickers shall be affixed to motorized vehicles only.
    2. The operator of any vehicle, or the registered owner of said vehicle if the operator cannot be determined, violating this ordinance shall be punished by a fine of not more than Two Hundred Dollars ($200.00) and not less than Fifty Dollars ($50.00) for each offense, to be recovered to the use of the Town of Kennebunkport, provided however, that any such person or registered owner who violates this Ordinance and is issued a parking ticket, may within forty-eight (48) hours from time of issuance pay a fine of Fifty Dollars ($50.00); or after forty-eight (48) hours from time of issuance and before a Court Summons is issued, pay a fine of Sixty Dollars ($60.00) to the Chief of Police or his/her representative for full satisfaction of such parking violation. In the course of an Appeal from such parking fine, such person shall appear before the 10th District Court, Biddeford, Maine, and shall be fined not more than Two Hundred Dollars ($200.00) and not less than Fifty Dollars ($50.00) to the Town of Kennebunkport. Any Parking Tag fines paid to the Chief of Police or his/her representative during the fiscal year of the Town of Kennebunkport shall be turned over to the Treasurer of the Town of Kennebunkport and credited to the general revenues of the Town of Kennebunkport.
    3. During days in the summer when weather conditions are optimal for recreation at Goose Rocks Beach, the Chief of Police or his/her designee may at his/her discretion, issue an advisory to the general public via sticker sales agents that buying a sticker does not guarantee a place to park at Goose Rocks Beach. The buyer will be advised that they can return to the place of purchase and surrender the sticker for a refund. Other information will be made available for alternative locations to recreate.
  2. Governing Body: The Board of Selectmen shall establish by authority of this Ordinance, such rules and regulations as they deem necessary or convenient to carry out the purposes of this, Section 13, of the Kennebunkport Traffic and Parking Control Ordinance. Such rules and regulations may include but not be limited to: setting fees for the acquisition of parking permits/stickers and determining authorized employees or agents responsible for selling and/or distributing parking permits/stickers. Rules and regulations may only be adopted at a duly called public meeting.

Section 14. Impoundment of Motor Vehicles For Failure to Pay Parking Tickets

  1. Applicability: Any vehicle that is registered to an individual who has accumulated, for this or any other vehicle, a combined total of three (3) or more notices of violation of any parking regulation or regulations made pursuant to this Ordinance issued after July 1, 1983, for which there has been neither payment or waiver fees nor issuance of court process, and which is then parked in violation of any such provision, may at the option of any Town of Kennebunkport Police or other officer authorized to enforce the parking regulations of the Town of Kennebunkport, be immobilized in place or may be removed and stored until all waiver fees for all such outstanding notices of violations have been paid, including all costs for towing, notice preservation and storage of said vehicle.
  2. Procedure: The Police Officer requesting such removal shall at the time of such removal notify the dispatcher of the intended storage location of the subject’s motor vehicle. Such information shall be recorded by the dispatcher for the use of the Chief of Police or his/her duly authorized representative. The Chief of Police shall notify by registered mail the registered owner of such vehicle within five business days of the impoundment thereof, the storage location of such vehicle and the requirements for release.
  3. Release of Vehicles: Any person having custody of a motor vehicle, pursuant to the provisions of this Ordinance or of the means to release such immobilized vehicle, shall not release it until the individual requesting its release presents satisfactory evidence of his or her right to possession and signs a receipt therefore and the Chief of Police or his/her duly authorized representative certifies that all waiver fees and all charges have been paid including all costs for towing, notice preservation and storage of said vehicle as established pursuant to the Ordinance.
  4. Fees:
    • Towing: Actual charge by contractor
    • Storage: Actual charge by contractor. The charges by the Town for vehicles impounded or stored on Town property shall be Twenty-Five Dollars ($25.00) per day for the impoundment and storage.
  5. Bond: Whenever any person requests the right to post bond, such bond shall be given in cash and a receipt given therefore.  Such bond money shall be refunded in the amount of the waiver fee for each alleged violation upon acceptance by such person of service of process initiating a court proceeding to determine his or her liability for the prescribed penalty for such alleged violation. Any bond shall be forfeited unless the person posting it requests and accepts service of such process from the Chief of Police or his/her designated representative within thirty (30) days of posting unless prevented from doing so by the actions or inaction of the Town of Kennebunkport.
  6. Refund of Charges for Impoundment: Whenever any person obtains a determination from a Court of competent jurisdiction that the vehicle was not parked in violation at the time it was impounded pursuant to this ordinance, such person shall be reimbursed for the charges for immobilization, or for towing and storage if paid, and if such charges have not been paid they shall be promptly paid or cancelled by the Town.
  7. Violations: It shall be a violation of this ordinance for any person to tamper with or to attempt to remove any immobilizing device attached to a vehicle or to obstruct or attempt to prevent the removal of a vehicle as provided herein. The penalty for any such violation shall be not less than One Hundred Dollars ($100.00) and not more than One Thousand Dollars ($1000.00).

Section 15. Penalties

Fine amounts can be set by the Board of Selectmen to comply with Sate Law. The operator of any vehicle, or the registered owner of said vehicle if the operator cannot be determined, violating Section #1, Section #2, Section #5, Section #6 (if a private parking area), Section #9, Section #11, and Section #12 of this Ordinance shall be punished by a fine of not more than Fifty Dollars ($50.00) and not less than Twenty-Five Dollars ($25.00) for each offense. Section #6 fine amount is Two Hundred Dollars ($200.00) in a municipal parking area, to be recovered for the use of the Town of Kennebunkport, provided, however, that any such person or registered owner who violates one of the parking sections of this chapter (excepting Section #6 municipal parking area), and is issued a Parking Tag, may within forty-eight (48) hours from time of issuance pay a fine of Twenty-Five Dollars ($25.00); or after forty-eight (48) hours from time of issuance and before a Court Summons is issued, pay a fine of Thirty Dollars ($30.00): Section #13 fine amount is Fifty Dollars ($50.00; or after forty-eight (48) hours from the time of issuance and before a Court Summons is issued, pay a fine of Sixty Dollars ($60.00) to the Chief of Police or his/her representative for full satisfaction of such parking violation. In the course of an Appeal from such parking fine, such person shall appear before the 10th District Court, Biddeford, Maine and shall be fined not more than Two Hundred Dollars ($200.00) and not less than One Hundred Dollars ($100.00) to the Town of Kennebunkport.

Any Parking Tag fines paid to the Chief of Police or his/her representative during the fiscal year of the Town of Kennebunkport shall be turned over to the Treasurer of the Town of Kennebunkport and credited to the general revenues of the Town of Kennebunkport.

Section 15A. Penalties: The operator of any vehicle violating Section #4, Section #8 or Section #10 of this Ordinance shall be punished by a fine of not more than Thirty Dollars ($30.00) and not less than Twenty-Five Dollars ($25.00) for each offense, to be recovered to the use of the Town of Kennebunkport, provided, however, that any such person who violates one of the parking sections of this chapter, and is issued a Parking Tag, may within forty-eight (48) hours from time of issuance pay a fine of Twenty-Five Dollars ($25.00); or after forty-eight (48) hours from time of issuance and before a Court Summons is issued pay a fine of Thirty Dollars ($30.00) to the Chief of Police or his/her representative for full satisfaction of such parking violation. In the course of an Appeal from such parking fine, such person shall appear before the 10th District Court, Biddeford, Maine and shall be fined not more than Two Hundred Dollars ($200.00) and not less than One Hundred Dollars ($100.00) to the use of the Town of Kennebunkport.

Any Parking Tag fines paid to the Chief of Police or his/her representative during the fiscal year of the Town of Kennebunkport shall be turned over to the Treasurer of the Town of Kennebunkport and credited to the general revenues of the Town of Kennebunkport.

Section 16. Enforcement

The Town of Kennebunkport authorizes the Chief of Police to represent the Town in District Court in the prosecution of alleged violations of those ordinances that the Police Department is empowered to enforce, if duly certified in accordance with 25 M.R.S.A., §2803-A, subsection 8, or successor statute. The Chief of Police may designate any officer under his/her command, if the officer is so certified, to perform this prosecutorial function.

Section 17. Legal Status Provisions

  1. Effective Date: This Ordinance shall take effect and be in force immediately after its approval and upon posting of appropriate signs, and supersedes all previous traffic and parking control ordinances governing the streets covered by this ordinance.
  2. Severability: Should any section or part of a section or any provision of this Ordinance be declared by the Courts to be unconstitutional or invalid, such declaration shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.