WARRANT FOR THE ANNUAL MEETING
OF THE TOWN OF FRYE ISLAND and
THE BOARD OF ISLAND TRUSTEES (BIT)

October 11th , 2003

Cumberland, ss. State of Maine

To: Kathy Potts, a resident of the Town of Frye Island, State of Maine.

Greetings:

In the name of the State of Maine, you are hereby required to notify the inhabitants of the Town of Frye Island, in the County of Cumberland, qualified by law to vote in Town affairs to meet at the Frye Island Community Center on Saturday, October 11, 2003 at 9:00 a.m. to act upon the following Articles:

Article 1.   To vote by written ballot to choose a moderator to preside at said meeting.

Article 2.   To vote to see if the BIT will approve an increase in the fees for Frye Island property owners in good standing to use the ferries from $7.00 to $10.00 with  $3.00 of the $10.00 to be designated for the Ferry Reserve.

Article 3.   To vote to see if the BIT will approve an increase in the fees to use the ferries for Non Frye Island property owners and contractors from $16.00 to $20.00 with $4.00 of the $20.00 to be designated for the Ferry Reserve.

Article 4.   To vote to see if the Board of Island Trustees will authorize the 2004 budget, as recommended by the Executive Committee, with expenditures not to exceed $2,366,062., taxes raised totaling $1,382,351, and a tax rate of $16.07 per thousand dollars of value. The taxes will be committed on November 1st 2003 with payments due on January 1 and July 1 2004 with an interest rate of 7 % due and collectable on delinquent payments.

OR

Article 4A. To vote to see if the Board of Island Trustees will authorize the 2004 budget, as recommended by the Executive Committee, with expenditures not to exceed $2,310, 931., taxes raised totaling $1,405, 901 and a tax rate of $16.34 per thousand dollars of value. The taxes will be committed on November 1st 2003 with payments due on January 1 and July 1 2004 and interest rate of 7%   due and collectable on delinquent payments.

Article 5.   To vote to see if the Town will authorize the 2004 budget, as recommended by the Board of Selectmen, with expenditures not to exceed $2,366,062. taxes raised totaling $1,382,351 and a tax rate of $16.07 per thousand dollars of value. The taxes will be committed on November 1st 2003 with payments due on January 1 and July 1 2004 and interest rate of 7 % due and collectable on delinquent payments.

OR

Article 5A. To vote to see if the Town will authorize the 2004 budget, as recommended by the Board of Selectmen, with expenditures not to exceed $2,405,901, taxes raised totaling $1,405,901. and a tax rate of $16.34 per thousand dollars of value. The taxes will be committed on November 1st 2003 with payments due on January 1 and July 1 2004 and interest rate of 7% due and collectable on delinquent payments.

Article 6.  To vote to see if the Town will authorize the Selectmen to credit $25,000.00 of ferry revenues from the 2003 budget to the Ferry Reserve.

Article 7. To vote to accept the Ferries as a donation from the stockholders of Frye Island Incorporated with the following requirement:

                  "All property owners, in good standing, shall be treated equally."
   
 "Upon any dissolution of the Town of Frye Island, the ferry facilities will be              transferred to Frye Island Incorporated which may, in its sole discretion, accept or decline such transfer."

Article 8. To vote to authorize the selectmen to expend, on behalf of the Town those funds received from the Drinking Water State Revolving Loan Fund for improvements to the Frye Island drinking water system.

Article 9. Shall an ordinance entitled Impact Fee Ordinance of the Town of Frye Island be enacted?

IMPACT FEE ORDINANCE
of the
Town of Frye Island

1.  Preamble

     The Town of Frye Island finds that new construction of dwelling units, additions to 
     dwelling units, and commercial buildings (referred herein as development) places
     demands on municipal government to provide new services and expand and improve
     public facilities.  In order to provide an equitable source of funding for these new
     services and facilities, the Town of Frye Island has established a municipal    
     infrastructure improvement program which charges a proportionate share of the costs
     of new services and facility improvements to those who are creating the demand for
     these services and improvements.

2.  Use of Impact Fees

A.      Impact fees may only be used for financing new services and facility           
improvements needed due to demand caused by new growth.

     B.  Impact fees may not be used for:

          1.  Operations and maintenance:  impact fees may not be used to pay salaries or to
               pay for day-to-day costs or simple replacement of existing equipment;

          2.  Facilities not needed to serve new development or which do not benefit new
               development:  impact fees may not be used to finance improvements that will
               not serve the new development.  There must be a reasonable connection
               between the need for additional facilities and growth due to new development
               and between spending the fees collected and benefits received by the
               development paying the fee.

3.  Applicability:

   A.  The Code Enforcement Officer shall require the applicant for a Building Permit
          participate in the municipal infrastructure improvement program and to pay a
          development impact fee at the rate currently in effect.  The total impact fee shall 
          be paid separately from any other fees and shall be paid prior to the issuance of the
          Building Permit.

B.     The Board of Selectmen shall establish the impact fee schedule and shall review and
         revise, if necessary, the impact fee schedule at least annually to reflect  changes in
         planned improvements, current budget levels, and compliance to the Town of Frye
         Island Comprehensive Plan and the Town's Capital Improvement Plan.  Prior to
         the establishment or revision of the impact fee schedule, the Municipal Officers
         shall hold a public hearing on the proposed fees.  Notice of the public hearing shall
         be published in the FINS at least than seven days prior to the hearing.

C.     The impact fee schedule shall indicate the improvements to be financed, the
         anticipated schedule of construction, and the characteristic of new development
         by which the impact fee shall be calculated.

D.  The amount of the impact fee shall be reasonably related to the development's
      share of the cost of the facilities improvements made necessary by the development
      or if the improvements were previously constructed at municipal expense prior to the
      development.  The fee must be reasonably related to the portion or percentage of the
      improvement used by the development.

4.  Segregation of Impact Fees from General Fund

     A.  The Code Enforcement Officer shall record the name of the individual paying the
           impact fee, the assessor's map and lot number(s) for the property for which the
           impact fee is being paid, the amount of the fee paid for each facility for which fees
           are collected, and the date the impact fee was paid.

     B.  Upon collection of an impact fee, the Code Enforcement Officer shall transfer the
           funds to the municipal treasurer who shall deposit the impact fees in special non-
           lapsing accounts dedicated for funding the improvements for which the fee is
           collected.

     C.  Impact fee funds shall be maintained separately from and not be combined with
           other municipal revenues.

     D.  Funds collected as impact fees shall be expended only for the infrastructure
           improvements for which the fee was collected.

5.  Refund of Impact Fees

     A.  The Town shall refund impact fees, or that portion of impact fees, actually paid
           that exceed the Town's actual costs or that were not expended within ten years
           of the date they were collected.  The Board of Selectmen shall establish the
           procedure for refunding impact fees or portions of impact fees not expended.
           Unexpended fees shall be returned to the owner of record at the time a refund
           is warranted.  

6. Enactment:

                If enacted, the provisions of this ordinance shall be applicable to all pending  
             proceedings, applications, and petitions commenced after October 15th, 2003.

Article 10.  Shall the Town amend Chapter 101, Land Use Ordinance, by adding and enacting Article V, Growth Management Ordinance, as presented by the Planning Board, recommended by the Board of Island Trustees and detailed in the following:

CHAPTER 101 – LAND USE ORDINANCES
Article V – GROWTH MANAGEMENT ORDINANCE

§ 101–V–1. Title

This Article shall be known as the “Growth Management Ordinance of the Town of Frye Island, Maine” and shall be referred herein as the “Ordinance”.

§ 101–V–2. Legal Authority

This Ordinance is adopted pursuant to Home Rule Powers as provided in Article VIII-A of the Maine Constitution and Title 30-A, M.R.S.A. Section 3001.

§ 101–V–3. Purpose

The purpose of this Ordinance is to protect the health, safety, and general welfare of the residents of Frye Island through placing limitations on residential development and achieving the following objectives:

A.    To ensure fairness in allocation of Building Permits.

B.    To plan for continued residential population growth of Frye Island which would be compatible with orderly and gradual expansion of community services including, but not limited to, public safety, the ferry infrastructure, waste disposal, road maintenance, and water supply.

This ordinance is consistent with the data found in The Town of Frye Island Comprehensive Plan, Section 1.2.3, Projections of Town Growth, and is also consistent with the average rate of growth over the past ten (10) years.

§ 101–V–4. Applicability

This Ordinance shall apply to all new dwelling units within the Town of Frye Island. No Building Permit shall be issued and no new dwelling unit shall be constructed and no dwelling unit shall be moved and placed at a new location within the Town of Frye Island unless a Growth Permit has first been issued for it in accordance with the requirements of this Ordinance. Each Growth Permit shall have a Designated Calendar Year, defined as the calendar year in which the dwelling unit Building Permit thereby enabled can be issued.

All terms which are listed and defined in § 101–I–3 shall apply in this Ordinance as well.

§ 101–V–5. Exemptions

This Ordinance shall not apply to the repair, replacement, reconstruction, or alteration of any existing building or structure provided that the number of dwelling units is not increased, regardless of the need for a variance.

§ 101–V–6. Administration

                A.    Maximum Number of Dwelling Units

1.     Unless and or until this Ordinance is amended pursuant to § 101–V–10, the maximum number of new Growth Permits for dwelling unit Building Permits for a Designated Calendar Year shall be fifteen (15).

2.     All Growth Permits shall be issued in accordance with the issuance procedures described in ¶ C below

                B.   Application Procedure

1.     All Growth Permit Applications shall be submitted in person or by USPS certified or Express mail to the Code Enforcement Officer or his/her assistant or agent (hereinafter the CEO) at the Town Office during normal office hours on the form designated “Growth Permit Application.”

2.     The CEO shall indicate on the Application form the date and time the Growth Permit Application was received and provide the applicant with a receipt when said Application is complete. If the application is made by certified mail, the Town Office shall note the date and time of its arrival during normal business hours, together with its postmarked date and time. Only complete Applications shall be accepted.

3.     The Applications shall be reviewed in the order in which they are received, with Applications received on the same day being sequenced as follows:

a.     Applications delivered in person before arrival of the day’s mail will be processed first in order of delivery.

b.     Applications received by certified or Express mail will be processed next, sequenced in order of postmarked date and time, starting with the earliest.

c.     Applications delivered in person after arrival of the day’s mail will then be processed in order of their delivery.

d.     No Applications delivered by person or mail prior to the effective date of this Ordinance shall be considered.

4.     The Growth Permit Application shall be accompanied by:

a.     A non-refundable administrative fee in an amount to be set by the Board of Selectmen,

b.     Documentation establishing the applicant’s right, title, and interest to the property,

c.     One (1) copy of a subsurface wastewater disposal system application form (HHE-200 or equivalent.

5.     A separate Application shall be required for each dwelling unit.

                C.    Issuance Procedures

1.     Growth Permit Applications shall be on file with the CEO.

2.     Applications for a Growth Permit for a Designated Calendar Year must be submitted no earlier than October 1st of the preceding year and shall be submitted and received during normal business hours no later than September 30th of the Designated Calendar Year.

3.     Growth Permits shall be available on a first-come, first-served basis as described in ¶ B above.

4.     From the time of the adoption of this Ordinance onward, Applications will be accepted and Growth Permits issued as follows:  

a.     Once an applicant is entitled to have a Growth Permit issued, the CEO shall provide the applicant with a written and dated Growth Permit Issue Notification informing the applicant that he/she is so entitled and has thirty (30) days to accept. Such acceptance must be in writing, delivered in person to or received by mail at the Town Office during normal business hours within thirty (30) days of the Issue Notification Date. If the applicant shall fail to accept the Growth Permit within the specified deadline, the Growth Permit shall expire.

b.     Expired Growth Permits shall be available for reissue.

c.     The CEO shall issue Growth Permits for all complete Applications if they do not outnumber the supply of Growth Permits for the Designated Building Permit year.

d.     Growth Permits for a Designated Calendar Year shall be issued no earlier than October 1st of the preceding year, and no Growth Permits including reissued Permits shall be issued later than September 30th of the Designated Calendar Year in which the Building Permit is to be issued.

e.     If Applications exceed supply for any given year, Permits shall be issued on the basis of the order complete Applications were received by the CEO as specified in ¶ B. above . The names of those on the list who do not get a Permit for a particular year shall be carried over to the list for the next year, in the order in which the Applications were deemed to be complete. No additional fee shall be required.

5.     Any un-issued Growth Permits for one Designated Calendar Year shall not be carried over to the next.

                D.  Replacement With Building Permit And Expiration

A Growth Permit shall be replaced by a Building Permit for a dwelling on the specific site for which the Growth Permit was issued. A Growth Permit must be replaced by a Building Permit within the Designated Calendar Year for which it is issued and within three months of the Growth Permit Issue Notification Date, with the months of November through April inclusive being excluded from the count. If it is not replaced in time, the Growth Permit shall expire and shall be available for reissue according to the Issuance Procedures of ¶ C. above. The person losing the Growth Permit through expiration may resubmit an application according to the Application Procedure of ¶ B. above. Resubmitted Growth Permit Applications will not have any priority over other Growth Permit Applications.

Expiration of the building permit shall be in conformity with the Town of Frye Island Building Code.

                E.  Transferability

Growth Permits are not transferable. They shall be valid for construction on the lot specified on the Application and by the Applicant; provided however, that such valid Permits shall be transferable to new owners of the lot should the property change hands. If a Permit is transferred, the date of issuance remains unchanged.

                F.  Limitations

No person shall have more than one (1) permit open at any one time.

§ 101–V–7. Conflict With Other Ordinances

This Ordinance shall not repeal, annul, or otherwise impair or remove the necessity of compliance with any Federal, State or other local laws or ordinances. Where this Ordinance imposes a greater restriction upon the use of land, buildings, or structures, the provisions of this Ordinance shall prevail.

§ 101–V–8. Separability

Should any section or provision of this Ordinance be found by the courts to be invalid, illegal, or unenforceable, such decision shall not affect any other section or provision of this Ordinance either singly or collectively.

§ 101–V–9. Effective Date

The effective date of this Ordinance shall be October 15, 2003.

§ 101–V–10. Review Procedure

This Ordinance shall be reviewed by the Board of Selectman in June 2005, and every 3 years thereafter, to assess the efficacy of the Ordinance. Also it shall be reviewed by the Planning Board periodically (but not less frequently than once every three years), to ensure that the annual maximum growth rate has not become inconsistent with the Town’s capital program requirements to establish, maintain, or enlarge needed public facilities and services. Based on its review, the Planning Board may recommend amending this Ordinance as provided in § 101–V–11. below.

§ 101–V–11. Amendments

An amendment to this Ordinance may be initiated by one of the following:

                A. The Planning Board.

                B.  The Town Selectmen.

C.    The Executive Committee of the Board of Island Trustees,

and become effective after public hearing and passage at a Town Meeting:

§ 101–V–12. Violations

A.    A violation of this Ordinance shall be deemed to exist when any person, partnership or corporate entity engages in any construction activity directly related to the erection or placement of a dwelling unit, upon any land within the Town without first having obtained a Growth Permit from the CEO.

B.    If a dwelling unit has been constructed or placed without a Growth Permit, it shall be deemed a violation for any person, firm, or corporate entity to sell, lease, rent or occupy such dwelling unit until such permit has been duly issued.

§ 101–V–13. Notices Of Violations; Legal Action

When a violation of any provision of this Ordinance shall be found, the CEO shall send a written notice of the violation to the responsible party or parties and shall notify the Board of Selectmen of the violation. If the notice does not result in the correction of the violation, the Board of Selectmen may institute any and all actions and proceedings, either legal or equitable, including seeking injunctive relief, the imposition of fines, removal of the structure, or other action that may be appropriate or necessary to enforce the provisions of this Ordinance. The remedies set forth herein are intended to be cumulative and not exclusive of each other. The Board of Selectmen is authorized to enter into administrative consent orders to eliminate violations with or without court action. Such agreement shall not allow an illegal structure or use to continue.

§ 101–V–14. Penalties

A.    Any person owning or controlling the use of any dwelling unit being constructed or occupied in violation of this chapter shall be liable to be fined not less than $100, or more than $2,500, for each day such a violation (e.g., construction activity, unlawful occupancy) continues after notification by the CEO.

B.    If a dwelling unit has been built in violation of this Ordinance and is then occupied, for residential use, the owner may be fined as provided in ¶ A. above.

§ 101–V–15. Appeals

The Board of Appeals in accordance with the Town’s Zoning Ordinance, may, upon written application of an aggrieved party and after public notice, hear appeals from determinations of the Code Enforcement Officer in the administration of this Ordinance. Following such hearing, the Board of Appeals may reverse the decision of the Code Enforcement Officer only upon a finding that the decision is clearly contrary to the specific provisions of this Ordinance.

Article 11.  Shall the Town amend section § 101–I–4, ¶ D.2, of the Land Use Ordinance, as presented
                       by the Planning Board, recommended by the Board of Island Trustees and detailed as
                       follows:

              § 101–I–4, ¶ D.2. Non-conforming lots

2.     Non-conforming lots

a.     A single lot of record which fails to meet the requirements for area, or width, or both, that are generally applicable in the district may be built upon subject to the following conditions and restrictions:

i.      The lot must have been in separate ownership on May 26, 1976 separate from that of all lots and parcels contiguous to it prior to the date on which the lot became non-conforming by reason of adoption or amendment of this Ordinance.

ii.     It must not share a common property line with other such lots in the same ownership,

iii.    Yard and other requirements not involving area or width must conform to the regulations for the district in which the lot is located, except that said lot need not have adequate road frontage so long as there is either a public or private vehicular access way to the lot.

iv.    No more than one single-family dwelling may be built upon such single lot.

v.     Variance of area, width and yard requirements shall be obtained only through action of the Board of Appeals.

b.     Contiguous lots, vacant or partially built. If any of two (2) or more contiguous lots(i.e., lots which share a common property line) or parcels are in under single or joint ownership of record as of May 26, 1976, and if any of these lots do not individually fails to meet the dimensional requirements of this Ordinance or subsequent amendments, and if one (1) or more of the lots are vacant or contain(s) only an accessory building, then the lots shall be combined to the extent necessary to meet all dimensional requirements. This subsection is intended to apply to all lots, whether shown on a recorded plan or not. It is specifically intended that this provision can shall require the merger of improved lots with unimproved lots and is not limited to merging unimproved lots only. L Contiguous lots each containing a dwelling unit which were separately improved prior to enactment of the Frye Island Zoning Ordinance becoming non-conforming or prior to coming under common ownership shall not be merged.

Article 12. Shall an ordinance entitled, “Town of Frye Island Civil Emergency Management and Preparedness Ordinance”, be enacted?

TOWN OF FRYE ISLAND
CIVIL EMERGENCY MANAGEMENT AND PREPAREDNESS ORDINANCE

SECTION 1.  Purpose:

It is the intent and purpose of this ordinance to establish an office of civil emergency management and preparedness in compliance and in conformity with the provisions of Title 37-B. M.R.S.A., Section 781 et seq., to ensure the complete and efficient utilization of the town’s facilities and resources to combat disaster as defined herein.

SECTION 2.  Definitions:

The following definitions shall apply in the interpretation of this ordinance:

Office.  “Office” shall mean the office of emergency management and preparedness as established by this ordinance.

Civil emergency management and preparedness.  “Civil emergency management and preparedness” means the preparation for and the carrying out of all emergency functions, other than functions for which military forces are primarily responsible, to minimize injury and minimize and repair damage resulting from disasters or catastrophes caused by enemy attacks, sabotage, riots or other hostile action, or by fire, flood, earthquake or other natural or man-made causes.  These functions include, without limitation, firefighting, law enforcement, medical and health, rescue, engineering, warning and communications services; evacuation of persons from stricken areas; allocation of critical materials in short supply; emergency transportation; other activities related to civilian protection and other activities necessary to preparation for the carrying out of these functions.

Civil emergency management and preparedness forces.  “Civil emergency management and preparedness forces” shall mean the employees, equipment and facilities of all town departments, boards, institutions and commissions; and in addition, it shall include all volunteer persons, equipment and facilities contributed by or obtained from volunteer persons or agencies.

Director.  “Director” means the director of the Town of Frye Island office of emergency management and preparedness, appointed as prescribed in this article.

“Disaster” means the occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause including, but not limited to, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, critical material shortage, infestation, explosion or riot.

SECTION 3.  Organization:

(a)    The municipal officers shall be responsible for the bureau’s organization, administration and operation.  The municipal officers may employ such permanent or temporary employees as they deem necessary and prescribe their duties.

(b)    The municipal officers shall review the existing operational organization on a periodic basis to ascertain the bureau’s ability to cope with it’s responsibilities and shall approve the town’s emergency operations plan. 

SECTION 4.  Appointment of Director Duties and Responsibilities:  The municipal officers shall appoint the fire chief as director of the office, who shall coordinate the activities of all town departments, organizations and agencies for civil emergency preparedness within the town and maintain a liaison with other civil preparedness agencies, public safety agencies, and have such additional duties as prescribed by municipal officers.

SECTION 5.  Rules and Regulations:

The director shall prepare such policies as may be deemed necessary for the administration and operational requirements of the office, which policies must be approved by municipal officers prior to becoming effective.

SECTION 6.  Emergency Proclamation:

(a)    The municipal officers shall have the power and authority to issue a proclamation that an emergency exists whenever a disaster or civil emergency exists or appears imminent.  The proclamation may declare that an emergency exists in any or all sections of the town.  If the municipal officers are temporarily absent from the town or otherwise unavailable, then the following persons shall have the power and authority to issue a proclamation that an emergency exists, in the following order of succession; the director, if he is unavailable, the Town Manager, and as a third option, one of the two assistant directors.  A copy of such proclamation shall be filed within twenty-four (24) hours in the office of the town clerk.

(b)    Notwithstanding the above, when consultation with the municipal officers would result in a substantial delay in an effective response in alleviating or preventing an emergency or disaster, the director is authorized to take whatever actions are necessary to prevent the loss of life and property in the town.

(c)    The director shall be responsible for submitting a full report to the municipal officers of all actions taken as a result of the declared emergency as soon as possible.

SECTION 7.  Termination of Emergency:   

(a)     When  municipal officers are satisfied that a disaster or civil emergency no longer exists, they shall terminate the emergency proclamation by another proclamation addressing the sections of the town covered by the original proclamation, or any part thereof.  Said termination of emergency shall be filed in the office of the town clerk.

(b)     No state of emergency may continue for  longer than five (5) days unless renewed by the municipal officers.

SECTION 8.  Municipal Officers Duties and Emergency Powers:

(a)    During any period when an emergency or disaster exists or appears imminent, the municipal officers may promulgate such regulations as they deem necessary to protect life and property and to preserve critical resources within the purposes of this ordinance.  Such regulations may include, but are not limited to, the following.

(1)    Regulations prohibiting or restriction the movement of vehicles in areas within or without the town;

(2)    Regulations facilitating or restricting the movement of persons within the town;

(3)    Regulations pertaining to the  movement of persons from hazardous areas within the town;

(4)    Such other regulations necessary to preserve public peace, health and safety.

a.        Nothing in this section shall be construed to limit the authority or responsibility of any department to proceed under powers and authority granted to them by state statute.

b.       The municipal officers or their designee may order the evacuation of persons from hazardous areas within the town.

c.       The municipal officers shall be authorized to request aid or assistance from the state of any political subdivision of the state and shall render assistance to other political subdivisions under the provisions of Title 37-B, M.R.S.A.

d.       The municipal officers may obtain vital supplies, equipment and other items found lacking and needed for the protection of health, life and property.

e.       The provisions of this section will terminate at the end of the declared emergency.

SECTION 9.  Emergency Operations Plans:

The director shall prepare an emergency operations plan for the town, which shall be submitted to the municipal officers for approval.

It shall be the responsibility of all municipal departments and agencies to perform the functions assigned and to maintain their portions of the plan in a current state of readiness.  The town plan shall be reviewed periodically by the municipal officers with conjunction with all town department heads and the emergency director.

SECTION 10.  Immunity from liability:

All members of civil emergency preparedness forces, while engaged in civil emergency preparedness activities, shall be immune from liability, as set forth in Title 37-B, section 822, M.R.S.A.

SECTION 11.  Compensation for injuries:

All members of civil emergency preparedness forces shall be deemed to be employees of the state when engaged in training or on duty and shall have all of the rights of state employees under the Workmen’s Compensation Act, as set forth in Title 37-B, Section 823 M.R.S.A.

SECTION 12.  Violation of regulations:

It shall be unlawful for any person to violate any provisions of this ordinance or of the regulations or plans issued pursuant to the authority contained herein, or to obstruct, hinder or delay any member of the civil emergency preparedness organization as herein defined in the enforcement of the provisions of this ordinance or any regulation or plan issued there under.

SECTION 13.  Penalty:

Any person, firm or corporation violating any provision of this ordinance or any rule or regulation promulgated there under, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) and the costs of prosecution. All fines accrue to the Town of Frye Island.

SECTION 14.  Severability:

Should any provision of this ordinance be declared invalid for any reason, such declaration shall not affect the validity of other provisions or of this as a whole, it being the legislative intent that the provisions of this shall be severable and remain valid notwithstanding such declaration.

SECTION 15.  Conflicting ordinances, orders, rules and regulations made and promulgated pursuant to this ordinance shall be in effect, they shall supersede all existing ordinances, orders, rules and regulations, insofar as the latter may be inconsistent herewith.

                         The Municipal Officers of the Town of Frye Island

                        ____________________________ James Kuiken, Selectman
                        ____________________________ Robert Roberts, Selectman
                        ____________________________ C David Decker, Selectman