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STREETS AND SIDEWALKS PUBLIC SAFETY ORDINANCE

STREETS AND SIDEWALKS PUBLIC SAFETY ORDINANCE

Ordinance Enacted 9/18/73
Ordinance Revised 12/3/03

TOWN OF GORHAM

STREETS AND SIDEWALKS PUBLIC SAFETY ORDINANCE

ARTICLE I.  CONDUCT OF PERSONS

Section 1 - It shall be unlawful for any person to loiter in, on, or adjacent to a public way, after having been requested to disperse by a duly authorized law enforcement officer.  For the purposes of this ordinance, loitering is defined as the act of standing, sitting, leaning or idling in, on, or adjacent to any street, way, sidewalk, or parking area adjacent to a public way, so as to hinder or impede the passage of pedestrians or vehicles.

Section 2 - No person shall in, on or adjacent to any of said streets, ways, parking area, or public places, make, continue or cause to be made or continued any loud, unnecessary, or unusual noise or noises which shall either annoy, disturb, injure, or endanger the comfort, repose, health, peace, or safety of others.  The sounding of any horn or signaling device, except as a danger warning, the playing of any radio, musical instrument, phonograph, or any other machine or device for the producing or reproducing of sound in such manner as to disturb the peace, quiet, and comfort of neighboring inhabitants and passers-by; the use of any loud speaker or amplifier for the purpose of commercial advertising or attraction of the public to a specific building, location or business, yelling, shouting, hooting, whistling, or singing shall be considered to be loud, disturbing, and unnecessary noises and a violation of this ordinance but such enumeration shall not be deemed exclusive.

Section 3 - It shall be unlawful for any person to drink any malt, vinous, or spirituous liquors upon any streets, sidewalks, or any public way, or parking area adjacent to a public way.

Section 4 - It shall be unlawful for any person or persons to enter or remain on public land known as Fort Hill Park, 1/2 hour after sunset up to sunrise.


ARTICLE II.  PARKING REQUIREMENT

                Section 1 - Method of Parking

                101.     Standing or parking close to curb - No person shall stand or park a vehicle in a roadway other than parallel with the edge of the                              roadway headed in the direction of lawful traffic movement and with the right-hand wheels of the vehicle within twelve (12)                                             inches of the curb or edge of the roadway except as otherwise provided in this article.

        102.    Signs or marking indicating angle parking

        A.      The Police Chief shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets but such angle parking shall not be indicated upon any Federal-aid or State highway within this town unless the Maine Department of Transportation has determined that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.


                        B.       Angle parking shall not be indicated or permitted any place where passing traffic would thereby be caused or                                   required to drive upon the left side of the street.

103.     Obedience to angle-parking signs or markings - Upon those streets which have been signed or marked by the Police Chief for angle parking, no person shall park or stand a vehicle other than at the angle at the curb or edge of the roadway indicated by such signs or markings.

Section 2 - Stopping, Standing, or Parking Prohibited in Specified Places

201.    No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:

                        1.   On a sidewalk
                        2.   Within 10 feet of a public or private driveway
                        3.   Within an intersection
                        4.   Within 15 feet of a fire hydrant
                        5.   On a crosswalk
                        6.   Within 20 feet of a crosswalk at an intersection
                        7.   Within 30 feet upon the approach to any flashing beacon, stop signs, or traffic-control signal located at the side of a                                    roadway;  unless otherwise indicated by signs or pavement markings.
                        8.   Within 50 feet of the nearest rail of a railroad crossing
                        9.   Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any                                               fire station within 75 feet of said entrance (when property signposted).
                        10. Alongside or opposite any street excavation or obstruction when
                              stopping, standing or parking would obstruct traffic.
                        11. On the roadway side of any vehicle stopped or parking at the
                              end or curb of a street - so called “Double Parking”
                                       12. Upon any bridge or other elevated structure upon a highway  
                        13. At any place where official signs prohibit stopping

        202.    Parking not to obstruct traffic - No person shall park any vehicles upon a street, in such a manner or under such conditions as                         to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.

        203.    All night parking prohibited - No person shall park a vehicle on the street between the hours of midnight and 6 a.m. from                       November 1st to May 1st.

        204.    Parking for certain purposes prohibited - No person shall park a vehicle upon any roadway for the principal purpose of:

                A.      Displaying such vehicle for sale.

                B.      Washing, greasing or repairing such vehicle except repairs necessitated by an emergency.

        205.    Parking adjacent to schools

                A.      The Police Chief is hereby authorized to erect signs indicating no parking upon either or both sides of any street                                      adjacent to any school property when such parking would, in his opinion, interfere with traffic or create a hazardous                                   situation.

                B.      When official signs are erected indicating no parking upon either side of a street adjacent to any school property as                                   authorized herein, no person shall park a vehicle in any such designated place.

        206.    Parking prohibited on narrow streets

                A.      The Police Chief is hereby authorized to erect signs indicating no parking upon any street when the width of the                                        roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the                                  roadway does not exceed 30 feet.

                B.      When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a                                    vehicle upon any such street in violation of any such sign.

        207.    No stopping, standing or parking near hazardous or congested places

                A.      The Police Chief is hereby authorized to determine and designate by proper sign areas in which the stopping, standing                                   or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

                B.      When official signs are erected at hazardous or congested places as authorized herein no person shall stop, stand or                                    ark a vehicle in any such designated place.

        208.    Handicapped parking

A.      It shall be unlawful for any vehicle to park in a parking space(s) designated as a handicapped parking space without            first displaying a special registration plate or placard issued under Title 29A, Section 251 of M.R.S.A. or a similar plate issued by another state, providing that such area(s) after being designed as a handicapped parking space(s) are signed and posted adjacent to and visible for each handicapped parking space a sign consisting of a profile view of a wheelchair with occupant in white on a blue background, and bearing the following warning:  Handicapped Parking.

        Section 3 - Stopping for Loading or Unloading Only

301.    Police Chief to designate curb loading zones - The Police Chief is hereby authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating the same and stating the hours during which the provisions of this section are applicable.

302.    Standing in passenger curb loading zone - No person shall stop, stand or park a vehicle for any purpose or period of time other than for the expeditious loading or unloading of passengers in any place marked as a passenger curb loading zone during hours when regulations applicable to such curb loading zone are effective, and then only for a period not to exceed 5 minutes.

303.    Standing in freight curb loading zone - No person shall stand or park a vehicle for any purpose or length of time than for the expeditious unloading and delivery or pickup and unloading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to such zones are in effect.  In no case shall the stop for loading and unloading of materials exceed 30 minutes.

        Section 4 - Stopping, Standing or Parking Restricted or Prohibited on Certain Streets

401.    Application of article - The provisions of this article prohibiting the standing or parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when in compliance with the directions of a police officer or official traffic-control device.

402.    Regulations not exclusive - The provisions of this article imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles in specified places or at specified times.

403.    Parking prohibited at all times on certain streets - When signs are erected giving notice thereof, no person shall park a               vehicle at any time upon any of the streets described in Schedule A attached to and made a part of this ordinance.

404.    Parking time limited on certain streets - When signs are erected giving notice thereof, no person shall park a vehicle for longer than one hour at any time (a) between the hours of 7 a.m. and 7 p.m. on any day except Sundays and public holidays upon any of the streets described in Section 1 of Schedule B attached to and made a part of this ordinance; or (b) between the hours of 7 a.m. and 4 p.m. of any day except Sundays and public holidays upon any of the streets described in Section 2 of Schedule B attached to and made a part of this ordinance.

        405.    Parking time limited on certain streets - When signs are erected giving notice thereof, no person shall park a vehicle for longer                       than two hours at any time between the hours of 7 a.m. and 7 p.m. on any day except Sundays and public holidays upon any                                of the streets described in Section 4 of Schedule B.

        406.    Parking prohibited at certain times on certain streets - When signs are erected giving notice thereof, no persons shall park a                  vehicle at any time between the hours of 6 a.m. and 4 p.m., Monday through Friday upon any of the streets described in                          Schedule D attached to and made a part of this ordinance.

407.    Parking signs required - Whenever by this or any other ordinance of this Town any parking time limit is imposed or parking is prohibited on designated streets it shall be the duty of the Chief of Police to cause to be erected appropriate signs giving notice thereof and no such regulations shall be effective unless said signs are erected and in place at the time of any alleged offense.  Parking and No Parking signs are placed on the street at an angle, so that they may be viewed from a vehicle while parking.  Signs have arrows indicating the direction of parking and no parking.  You must picture the sign to be parallel with the roadway.

        Section 5 - The Town Manager is authorized to place overhead signs at appropriate locations indicating traffic movement and direction   and also to place signs indicating that pedestrians have the right of way on crosswalks.


ARTICLE III.  EMERGENCY HAZARDS

Section 1 - The Town Manager, or his designee, with the advice of the Chief of Police and the Public Works Superintendent, shall be authorized to establish emergency parking, traffic or pedestrian regulations in the instance of civil emergencies, including but not limited to fire, rescue, holocaust, construction, snow or other weather storms.  Such regulations shall be of a temporary nature and shall be conspicuously posted.  Any posting of such regulations adjacent to a street shall be prima facie evidence that such posting was done in conformance with this ordinance and it shall be unlawful for any person to violate any posted emergency regulations.

Section 2 - The Chief of Police or his designee may cause any vehicle parked, disabled or abandoned on any Town way at a place, in a manner or for a length of time prohibited by this ordinance or in violation of emergency parking, traffic or pedestrian regulations under Section 1 of this Article to be removed from the way and brought to a garage, storage place, parking place or Town property.

ARTICLE IV.  SIDEWALKS

Section 1 - It shall be unlawful for any person to use a sidewalk or other pedestrian way for the use of any motorized vehicle (except for the purpose of Public Works), or horseback riding.

ARTICLE V.  STREETS RESTRICTED TO CERTAIN TRAFFIC

Section 1 - When signs are erected giving notice thereof no person shall drive a three (3), four (4), or five (5) axle through truck anytime upon the streets described in Schedule C, attached to and made part of this ordinance.

ARTICLE VI.  STREETS RESTRICTED TO ENTERING TRAFFIC

Section 1 - When signs are erected giving notice thereof no person shall drive a vehicle onto a street marked “Do Not Enter”. The following locations are hereby authorized to display said signs:

At State Street and Pine Street thereby prohibiting vehicles from entering Pine Street from State Street.

At Narragansett Street and Alden Lane thereby prohibiting vehicles from entering Alden Lane from Narragansett Street

ARTICLE VII.    STREETS RESTRICTED TO RIGHT-TURNS

Section 1 - When signs are erected giving notice thereof, no person shall turn left when exiting a street onto another street as described in Schedule E when an intersection is marked "No Left Turns".

ARTICLE VIII.  REMOVAL OF SNOW FROM PRIVATE PROPERTY TO STREETS

Section 1.  No person shall lay, throw, place or plow or cause to be laid, thrown, placed or plowed on or into any public street, any snow or ice from private property.  If in the removal of snow or ice from private property it is necessary to temporarily place snow or ice on any public street, such snow or ice shall be immediately removed from the public way by and at the expense of the person that caused it to be placed thereon or caused the hiring of a person to remove said snow or ice.

Section 2 - No person shall place snow or ice at any intersection or in such location so as to hinder vision of those persons entering a public way.

Section 3 -

I.  During snowplowing operations, the following procedure will be implemented for the night-time hours (12 midnight to 6:00 a.m.).

                A.      In the event that a vehicle is parked in the street or otherwise inhibiting snow removal operations, the plow operators                                         will:

1.      Radio to Public Safety Dispatcher with the plate number and description of the vehicle and the vehicles exact location.

2.      Advise the area patrol officer of the violation and if he/she has not   already done so on that particular shift he/she will go immediately to  that location and issue a parking tag for:  overnight parking and/or    snow removal violations, (both on the same ticket, if applicable).

                        3.      The dispatcher will then utilize the directory, teletype, or similar communications to determine the registered owner or, if impractical, the responsible party and will call the residence and advise the party to immediately remove the vehicle and will also advise that if they refuse to remove it, the vehicle will be towed at their expense.

                        4.      If no contact is made by telephone, the Public Works Director or the working highway crew foreman will be                                               called and will determine if the vehicle still needs to be towed.  If so, the officer will make a good faith attempt to                                          notify someone at the residence at which it is parked.  If the officer is still unable to make notification, the next                                           available wrecker will be called to tow the vehicle.

5.      The assigned wrecker will tow the vehicle to its own storage area.  The wrecker operator will be responsible for collecting his/her towing      charges.

        6.      Once a vehicle has been towed, the officer will then notify Dispatch to notify Public Works to return to the area                               to continue snow removal.

II.     During other snowplowing operations between the “business hours” of 6 a.m. and 12 midnight  the following procedures will be implemented.

A.      In the event that a vehicle is parked in the street, the plow operator will notify the responsible party and bring attention to the problem and ask that the vehicle be removed.

1.      Use their lights, horn, or similar communications in a good faith attempt to notify the responsible party and bring attention to the problem and ask that the vehicle be removed.

2.      Should these efforts fail, the plow operator will notify the Public Safety Dispatcher of the vehicle plate number, description and exact        location (in front of which house).

                        3.      The dispatcher will then utilize the director, teletype, or similar communications to determine the registered owner or, if impractical, the responsible party, and will call the residence and advise the party to immediately remove the vehicle and that if they refuse to move it the vehicle will be towed at their expense (if the vehicle is     immediately removed no ticket will be issued).

                        4.      If no contact is made by the telephone, the area patrol officer will be dispatched to the scene and he/she, if not making immediate contact with the registered owner or, if impractical, the responsible party at the residence, will issue a ticket for interfering with snow removal operations.

5.      The Public Works Director or working crew foreman will be called and will determine if the vehicle needs to be towed.  If so, the officer will make any additional reasonable attempts at notification (calling known work number, etc.) and being unsuccessful in this attempt will cause the vehicle to be towed as outlined above.

                        6.      The assigned wrecker will tow the vehicle to its own storage area.  The wrecker operator will be responsible                                            for collecting his/her towing charges.

                        7.       Once the vehicle has been towed, the Officer will then notify Dispatch to notify Public Works to return to the                                                 area to continue snow removal.

ARTICLE IX.  PENALTIES

Section l - Any violation of this ordinance, Article I through VII, shall be punishable by a fine not to exceed $100 to be recovered for the use of the Town of Gorham, Maine.

Section 2 - The fact that a motor 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.  Said person charged with a violation of the parking regulations contained in the Streets and Sidewalks Public Safety Ordinance of the Town of Gorham, Maine may waive his right to court action by the payment to the Town of the fees specified below within a period of 15 days from the date of the violation.

        A.      For violation of the parking regulations contained in Article II of this ordinance, a fee
of Twenty-five ($25.00) dollars.

        B.      For violation of Section 1 of Article III of this ordinance (parking in violation of
                emergency hazard regulations) a fee of Twenty-five ($25.00) dollars.

        C.      For violation of Article II, Section 2, subsection 208 and of Article I, Section 1 a fine
                of Fifty ($50.00) dollars.

Section 3 - The Town Manager is hereby authorized to have prepared in such form as he deems appropriate, for the use by the Police Department, tickets notifying violators of their right to waive court action upon payment of the fees specified herein within the time limits specified herein.

Section 4 - Immobilize (booting) vehicles with three or more outstanding (unpaid) tickets may be booted if they are ticketed for a violation.  In order to get a boot removed, the owner must first pay all unpaid parking tickets, plus a boot fee of Fifty ($50.00) Dollars.  Payments must be made in cash, debit card, money order or bank check.  No personal checks will be accepted.  Payments are to be made at the Gorham Police Department, 270 Main Street, 207-839-5581, Monday through Friday, between the hours of 8:30 a.m. and 4:30 p.m.  After hours, weekend and holidays, please go to the Gorham Police Communications Center, 270 Main Street, 207-839-5581, where payments can be made for the exact amount in cash, money order, or bank check.  Again, no personal checks will be accepted.  After 6:00 p.m., we begin towing and impounding immobilized vehicles at the owners expense.  All outstanding parking tickets and boot fees must be paid to the Town of Gorham as well as any towing and storage fees to the tow company before said vehicles will be released.  The individual tow company sets the tow fee.  After the first 24 hours, there is an impound/storage fee that is also set by the individual tow company.            

        


SCHEDULE A

Parking shall be prohibited on the following streets:

Access Road     The northerly side from Ball Park Road continuing westerly to the driveway of #6 Access Road, a distance of 1,815 feet.

The southerly side from the driveway of #7 Access Road easterly to the designated parking spaces located on Access Road for a distance of 200 feet.     
                
Academy Street  The easterly side from College Avenue to State Street

                        The westerly side from 170 feet from College  Avenue to a point 45 feet from State Street.      
                
Alden Lane      Both sides from State Street to College Avenue, a distance of 107 feet. 
                
Church Street   The northerly side 260 feet from School Street  
        The southerly side 190 feet from School Street  
                
College Avenue  The southerly side from 100 feet west of School Street to State Street for a distance of 1,400 feet.

The northerly side 160 feet from School Street

The Northerly side from State Street to the University of Southern Maine fire lane, a distance of 860 feet.     
                
Cross Street    The easterly side 168 feet from Church Street.  
                
Elm Street      The westerly side from Main Street southerly for a distance of 720 feet.

                The easterly side beginning at a point 546 feet south of Main Street to the end of Elm Street
                
Gray Road       The westerly side from Huston Road 125 feet southerly.

The westerly side from Huston Road 162 feet northerly to the fire hydrant near utility pole #125.       
                
Green Street    On the northerly side 160 feet from South Street        
                
Johnson Road    The westerly side from Maine Street to Gray Road.

The easterly side 100 feet from Gray Road.

The easterly side 75 feet from Main Street.     
                
Lincoln Street  The northerly side from the entrance of Village School to South Street, a distance of 848 feet.

The southerly side from the entrance of Village School 100 feet westerly to the driveway of #29 Lincoln Street. 
                
Lombard Street  The west side of Lombard Street
        
Main Street     The northerly side from 100 feet east of New Portland Road to Cross Street.

The southerly side from New Portland Road to South Street.

The southerly side beginning 190 feet west of the midpoint of the intersection of Route 202 and Route 25 and extending 310 feet easterly.       
                

Mechanic Street The easterly side from the New Portland Road to 100 feet south of the New Portland Road

The westerly side from the New Portland Road to 100 feet south of the New Portland Road.        
                
Middle Jam Road The easterly side from the North Gorham Road to 400 feet north of the North Gorham Road

The westerly side from North Gorham Road to 400 feet north of the North Gorham Road     
                
New Portland Road       The northerly side from Main Street to 100 feet east of Mechanic Street

The southerly side from Main Street to 100 feet east of Mechanic Street 
                
North Gorham Road       On either side from a distance of 850 feet westerly from the intersection of the North Gorham Road and the Gorham-Windham Municipal boundary.

On both sides 200 feet westerly from the intersection of Standish Neck Road.    
                
Ball Park Road  The west side of Ball Park Road from Morrill Avenue to the Access Road  
                
Pine Street     The westerly side from State Street to 200 feet south of State Street   
                
Preble Street   The southerly side from South Street to Elm Street      

Railroad Avenue - Both sides from Elm Street to Mechanic Street

Robie Street - The westerly side from Lincoln Street norotherly to Elm Street a distance of 327 feet.

                The easterly side from Lincoln Street northerly to Elm Street a distance of 272 feet.
                
School Street   The westerly side beginning at CMP pole #1 to the intersection of College Avenue, a distance of 203 feet.

The easterly side beginning at a point 270 feet north of Main Street and continuing north to the intersection of Church Street, a distance of 60 feet.

The westerly side beginning at CMP pole #8 and continuing north to the compact zone line.

The easterly side beginning at CMP pole #8 and continuing north to the compact zone line.       
                
South Street    The easterly side from Main Street to 120 feet south of Main Street     
                
Standish Neck Road      On both sides 125 feet from the intersection of North Gorham Road       
                
State Street    The southerly side from South Street to 200 feet east of Pine Street within the right-turn lane

The southerly side from Pine Street continuing westerly to the compact zone line.

The northerly side from the driveway of #35 State Street continuing westerly to the compact zone line.  
                
Water Street    The westerly side from Main Street to the intersection of Church Street

On the easterly side 470 feet from Main Street  

SCHEDULE B

SECTION 1

Parking shall be limited to a maximum of one hour between the hours of 7 a.m. and 7 p.m. on the following streets:

                                

Gray Road       The westerly side of Gray Road, between CMP pole #126  southerly to CMP pole #127 for a distance of 164 feet.

The easterly side of Gray Road directly across the street
from the same CMP poles and for the same distance.      
                
Main Street     The northerly side from School Street to Cross Street.  
                
School Street   The easterly side from Main Street continuing north to a point 90 feet from Main Street.

The westerly side from State Street continuing north to a point 96 feet from State Street.      


SECTION 2

Parking shall be limited to a maximum of one hour between the hours of 7 a.m. and 4 p.m. of any day except Sundays and public holidays upon the following streets:

Access Road
                
Church Street
                
Douglas Circle

Green Street
                
Lombard Street
                
Morrill Avenue
                
Narragansett Street
        From Alden Lane to #104 Narragansett Street     
Ball Park Road
                
Pine Street
                
South Street    From 65 and 66 South Street to Robie Street     

Sylvan Road
                
Village Woods Circle
                
Village Woods Drive
                


SECTION 3

Parking shall be prohibited within the boundaries of Robie Park.  These boundaries being:  Morrill Avenue on the south side, Ball Park Road on the east side, Access Road on the north side, and the high school parking lot and the unnamed roadway that runs from Morrill Avenue to the high school parking lot on the west side of the park.

SECTION 4

Parking shall be limited to a maximum of two hours at any time between the hours of 7 a.m. and 7 p.m. on any day except Sundays and public holidays on the following streets:

School Street   The easterly side beginning at a point 90 feet north of Main Street and continuing north to a point 270 feet north of Main Street, a distance of 180 feet.      
                

SCHEDULE C

No three (3), four (4), or five (5) axle through trucks shall be allowed on the following streets:

Deering Road    From the Buxton Town Line to Route 22   
                
Flaggy Meadow Road      From the Buxton Town Line to Route 25   
                
Huston Road     From Route 237 to Route 202     
                
New Portland Road       From Bartlett Road to Route 25 (Main Street)    
                
Wood Road       From the Finn Parker Road to Route 25   

SCHEDULE D

Parking shall be prohibited at any time between the hours of 6 a.m. and 4 p.m. Monday through Friday on the following streets:

Lincoln Street  The southerly side from the driveway of 29 Lincoln Street to South Street, a distance of 748 feet.      
                




SCHEDULE E

The following intersections are restricted to right-turn only vehicular movement.  Left turning vehicular movements are strictly prohibited.

Cross Street onto Main Street (Route 25).
                                
        


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