WARRANT FOR THE ANNUAL MEETING
OF THE TOWN OF FRYE ISLAND
OCTOBER  9, 1999

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 9, 1999 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 limit the sale of blue ferry tickets to all Town of Frye Island property owners that are current in their payment of Town property taxes.

Article 3.   To vote to limit the sale of blue ferry tickets to all Town of Frye Island property owners that do not have any outstanding fee or fine payments due to the Town.

Article 4.   To vote to allow a recall of Selectmen when initiated by a valid petition of the voters of the Town of Frye Island and included as a Warrant Article at a Town Meeting, and to allow a recall of an Executive Committee member by a valid petition of the voters of the Town of Frye Island Board of Island Trustees and included as a Warrant Article at a Board of Island Trustees Meeting.

Article 5.   To vote to change the finalization date for the Grand List detailing property assessment values from April 1 to September 1; change will not be made if the State of Maine indicates that the change should not be made.

Article 6.   To vote to allow audio teleconferencing at Board of Selectmen meetings and at Executive Committee meetings for Selectmen and Executive Committee members who are unable to be physically present at the meeting.

Article 7.   To vote to see if the Town will approve the recommended year 2000 budget appropriations of $1,273,536, a tax commitment of $1,009,877, and a mil rate of $32.50 per thousand.

Article 8.   To vote to see if the Voters will approve a 10% interest rate to be charged on late taxes for FY 2000, starting January 1, 2000.

Article 9.   To vote by secret ballot on amendments to the Town Charter (text in bold italic is done only to point out changed portion of Proposed Text).

A.           In Article III (Board of Selectmen), Section 6 (Powers and Responsibilities), Sub-section C make the following change:

Existing Text:   “Act to retain or hire a Town Attorney;”

Proposed Text:   Act to retain or hire Town Attorney using a qualification based selection process;”

                                    YES      o                  NO       o

B.           In Article VI (Town Boards and Committees), Section 1 (Board of Island Trustees), Sub-section I (Duties of the Executive Committee) make the following change:

Existing Text:   “The Executive Committee shall appoint members to the Planning Board, the Board of Appeals, and the Budget Committee, in accordance with the following Sections 2, 3 and 4 of this Article; shall provide advice and counsel to the Town Manager; and shall, with the assistance of the Town Manager, prepare the annual budgets for the Town of Frye Island for presentation to the Board of Selectmen and the Board of Island Trustees, in accordance with Article VII of this Charter.”

Proposed Text:   “The Executive Committee shall provide advice and counsel to the Board of Selectmen in the appointment of members to the Planning Board, the Board of Appeals, and the Budget Committee, in accordance with the following Sections 2, 3 and 4 of this Article; shall provide advice and counsel to the Town Manager; and shall, with the assistance of the Town Manager, prepare the annual budgets for the Town of Frye Island for presentation to the Board of Selectmen and the Board of Island Trustees, in accordance with Article VII of this Charter.”

                               YES      o                  NO       o

C.           In Article VIII (Island Ferry System and Roads), Section 1 (Ferry System), second sentence make the following change:

Existing Text:   “The rates for using the ferry service and the schedule for service will be determined by the Executive Committee.”

Proposed Text:   “The rates for using the ferry service will be determined by the Board of Island Trustees and the schedule for service will be determined by the Executive Committee.”

                                 YES      o                  NO       o

 Article 10.   To vote to change ARTICLE II (Definitions), Section 101-3 of the Town of Frye Island Land Use Ordinance as follows:

101–3. Terms defined.

As used in this Part 1, the following terms shall have the meanings indicated:

ABUTTER -- The owner of a property sharing a common boundary with another property or within 250 feet of a given piece of property whether or not these properties are separated by a public or private way. Owners shall be considered to be parties listed by the Tax Assessor of Frye Island and the ones against who taxes are assessed.

ACCESSORY BUILDING -- A subordinate building incidental to and located on the same lot with the main building which is customarily a garage, workshop, shed bunkhouse and the like. An accessory apartment shall not be considered an accessory building.

ACCESSORY USE -- A use which is incidental and subordinate to the principal use. Accessory uses in the aggregate shall not subordinate the principal use of the lot.

ACRE -- Forty thousand (40,000) square feet.

ADULT DAY CARE -- Providing day care services on a regular basis, for financial consideration, for four (4) to twelve (12) three (3) unrelated adults who are medically dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four hour period.

AGRICULTURE -- Includes the cultivation of the soil for food products or other useful or valuable growths of the field or garden, nursery stock and noncommercial greenhouses, but does not include dairying, the raising of livestock or the breeding or keeping of animals, fowl or birds where the same is carried on as a business or gainful occupation.

ARTERIAL STREET -- A minor thoroughfare with the potential of servicing more than one hundred fifty (150) units of residential development with only one (1) outlet.

ANIMAL HUSBANDRY -- Permits dairying, the raising of livestock and the breeding or keeping of animals, fowl or birds as a business or gainful occupation.

AUTOMOBILE GRAVEYARD -- A yard, field or other area used to store 2 3 or more unserviceable, discarded, worn-out or junked motor vehicles as defined in Title 30A, section 3752 as amended.

AUTOMOTIVE USE Any automotive repair use such as collision repair, mechanical repair, or other types of vehicle repair.

BOAT GRAVEYARD A yard, field or other area used to store 2 or more unserviceable, discarded, worn-out or junked boats.

BACK LOT -- A lot without frontage on an existing way.

BED AND BREAKFAST -- A single family dwelling in which the resident(s) of the dwelling provide(s) short-term overnight lodging to paying guests in a maximum of seven (7) guest rooms located within the dwelling or permitted attached structures. Breakfast shall be the only meal served and shall be limited to overnight guests.

BUILDING -- Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.

BUILDING AREA -- The total of areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.

BUILDING HEIGHT -- The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat and mansard roofs, and to the average height between the eaves and ridge for other types of roofs.

BUSINESS PROFESSIONAL BUILDING -- A building used primarily for conducting the affairs of a business, profession, service, industry or government, or like activity, and may include ancillary services for office workers such as a restaurant, newspaper or candy stand.

CAMPGROUND -- Any premises established for overnight use for the purpose of camping and for which a fee is charged.

CAR WASH -- A place where vehicles, of any size, are washed on a commercial basis.

CEMETERIES -- An area used for the interring of the dead.

CHURCH -- A building, or group of buildings, which are primarily intended for the conduct of religious services and associated accessory uses, with the exception of schools.

CLUSTER SUBDIVISION -- A subdivision approved by the Planning Board, meeting the standards contained in this Part 1 and Part 2 including, but not limited to, Section 101–27.

CODE ENFORCEMENT OFFICER -- A person appointed by the town manager to administer and enforce this Part 1. Reference to the "Code Enforcement Officer" may be construed to include the Building Inspector, Plumbing Inspector, Electrical Inspector and the like where applicable.

COLLECTOR STREET -- A street servicing at least forty (40) units but not more than one hundred fifty (150) units of residential development.

COLLEGE -- An accredited degree-granting institution of higher (post secondary) education.

COLLISION REPAIR GARAGE -- see AUTOMOTIVE USE Body repair work, painting and related mechanical repairs of vehicles with GVW not exceeding 14,000 pounds, there are no fuel sales

COMMERCIAL RECREATION -- A place designed and equipped for the conduct of sports and leisure-time activities operated as a business and open to the public for a fee.

COMMERCIAL WOOD PROCESSING -- the processing of timber or logs, on a site other than the logged site, into fuel wood, lumber, or other products for resale.

COMMUNITY LIVING FACILITY -- A housing facility for 8 or fewer mentally handicapped or developmentally disabled persons which is approved, authorized, certified or licensed by the State. A community living facility may include a group home, foster home, or intermediate care facility. Community Living Facilities must meet and maintain the standards contained in this Part 1.

COMPREHENSIVE PLAN -- Any part or element of the overall plan or policy for development of the town.

CONCEALED SOURCE LIGHT FIXTURE -- One where the lamp or light bulb is housed within a frame or container and is not visible.

CONDOMINIUM

CONFORMING LOT -- A lot under contiguous ownership which meets the full dimensional requirements for the zone in which it is located to include frontage, lot width and area. Deeded rights to an area of commonly owned land, such as in a cluster subdivision, shall not be included in the calculation of dimensions. Neither the Zoning Board of Appeals nor the Planning Board shall have the authority to grant a variance, exception, or waiver from the use limitation contained in Article III for conforming lots.

CONSTRUCTION DRAWINGS -- Drawings showing the location, profile, grades, size and types of drains, sewers, water mains, underground fire alarm ducts, underground power ducts and underground telephone ducts, pavements, cross-sections of streets, miscellaneous structures, etc.

COVERAGE -- That percentage of the plot or lot area covered by the buildings, paved areas, and other impervious cover.

DAY CARE CENTER -- A house or other place in which a person, or combination of persons maintains or otherwise carries out a regular program, for financial consideration, for any part of a day providing care and protection for four (4) or more unrelated children under the age of sixteen (16). Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) period.

DAY CARE HOME -- A residence maintained by anyone who provides, on a regular basis and for consideration, care and protection for four (4) to twelve (12) unrelated children under sixteen (16) years of age, who are unattended by parents or guardians for any part of the day. Care services shall not be provided for more than twelve (12) hours during any twenty-four (24) hour period.

DIRECTOR OF PUBLIC WORKS -- The Director of Public Works for the Town of Frye Island.

DWELLING UNIT -- A room or group of rooms designed and equipped for use as living quarters for only one (1) family, including provisions for living, sleeping, eating and cooking. Mobile homes, campers and recreational vehicles shall not be considered dwelling units.

DWELLING - MULTI FAMILY -- A building designed or used as the living quarters for more than one family. This terms excludes motels, rooming houses, mobile homes and dwelling units with family apartments.

EASEMENT -- The right to use or restrict the use of land of another for or to specified purposes. The Planning Board shall review and approve the nature and substance of all proposed "easements.", included as part of a Planning Board application for subdivision or site plan review.

ENGINEER -- A professional engineer licensed by the State of Maine.

EXCAVATION -- Any opening in the surface of a public place made in any manner whatsoever, except an opening in a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place.

FACILITY -- Pipe, pipeline, tube, main, service, trap, vent, manhole, meter, gauge, regulator, valve, conduit, wire tower, pole, pole line, anchor, cable, junction box or any other material, structure or object of any kind or character, whether enumerated herein or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over any public place.

FAMILY -- One (1) or more persons, related by blood, adoption or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. Up to 5 unrelated people may use a house as a "family" for the purposes of this Part 1.

FINAL SUBDIVISION PLAN -- The final drawings on which the subdivider's plan of subdivision is presented to the Planning Board for approval and which, if approved, may be filed for record with the Municipal Clerk and County Registry of Deeds.

FAMILY APARTMENT -- A separate single residence located within and subordinate to an existing single family dwelling. A FAMILY APARTMENT requires a Special Permit CEO approval and is subject to the standards contained herein under 101–35.6.

FINISHED WOOD PRODUCT PROCESSING -- Production of finished wood products for wholesale distribution or sale, at another site, including but not limited to picnic tables, crafts, cabinets, furniture etc. Retail sales directly to the public are specifically excluded unless otherwise approved in accordance with this Part 1.

FLEA MARKET -- A shop or open market. selling antiques, used household goods, curios and the like at a frequency of more than four (4) days in any six-month period. "Flea markets." as distinguished from yard or garage sales, shall be considered to be retail businesses under this Part 1.

FORESTRY MANAGEMENT -- Timber cruising and other forest resource evaluation activities, pesticide or fertilizer application, management planning activities, timber stand improvement, pruning, weeding, regeneration of forest stands, the construction or maintenance of forestry management roads and other similar or associated activities.

FRONTAGE, STREET -- The horizontal distance between the intersections of the side lot lines with the front lot line.

FUELING STATION -- A place where vehicular fuels or lubricants are retailed directly to the public including the sale of minor related accessories. No repairs are permitted.

FUNERAL HOME -- A building used for the preparation, display and related ritual, of the dead prior to burial or cremation.

GARAGE SALE -- See Yard Sale

GRAVEL EXTRACTION -- Surface excavation and removal of natural earth resources such as sand, gravel, clay, topsoil etc. which are normally used for purposes such as roads, foundations, construction materials, and building site preparation or improvement.

HEALTH CARE FACILITIES -- An institution that provides out-patient, overnight or long term health care under the supervision of a health care professional.

HOME CARE SERVICES -- Providing day care services on a regular basis, for financial consideration, for three (3) or fewer unrelated children or adults who are dependent on others for assistance. Care services shall not be provided for more than twelve (12) hours during any twenty-four period.

HEAVY DUTY REPAIR FACILITY --see AUTOMOTIVE USE Mechanical repair of all types of vehicles regardless of weight, neither fuel sales nor body repair work occurs at such a facility

HEAVY DUTY REPAIR GARAGE -- see AUTOMOTIVE USEBody repair work and related mechanical repairs of all vehicles, there are no fuel sales

HOME OCCUPATION -- An occupational activity which is clearly accessory to the primary residential use of a building as defined by 101–35.2.1 through 101–35.2.3 Home Occupation Levels

HOME RETAIL SALES -- Limited retail sales which are directly related to an approved home occupation. All home retail sales shall be approved by the Planning Board as part of a home occupation and shall meet and maintain all standards contained in this Part 1.

HOSPITAL -- Includes sanitarium, clinic, rest home, nursing convalescent home, home for the aged and any other place for the diagnosis and treatment of human ailments.

HOTEL -- A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, entertainment and recreational facilities.

LICENSED EXCAVATOR -- Any person who has been issued a license by the town to excavate in public places in the town.

IMPROVEMENT -- Any building, structure, place or object constituting a physical betterment of real property, or any part of such betterment.

INDUSTRIAL AND COMMERCIAL STREETS -- Streets servicing this type of development.

INN -- a facility offering transient lodging accommodations to the general public which has a central lobby and has a maximum of 15 general sleeping rooms available for use by the general public. Food or meals may be available but only for guests staying overnight at the inn.

JUNKYARD -- A yard, field or other area as defined in Title 30A, section 3752, as amended.

KENNEL -- A commercial establishment in which three or more dogs, cats or other domesticated animals are housed, groomed, bred, boarded, trained or sold, all for financial consideration.

LEGISLATIVE BODY -- The Town Meeting.

LOCAL STREET -- A street servicing fewer than forty (4O) units of residential development.

LOT -- A parcel of land in a single ownership occupied or capable of being occupied by one (1) building and the accessory buildings or uses customarily incidental to it,

including such open spaces as are required by this Code, and having frontage upon a street as defined herein, or other means of access as may be determined by the Planning Board to be adequate as a condition of the issuance of a building permit for a building on such land and recorded with the Cumberland County Registry of Deeds.

LOT, CORNER -- A lot with at least two (2) contiguous sides abutting upon a right-of-way

LOT, WIDTH -- The width of the lot, measured at the point where the building is closest to the right-of-way.

MANUFACTURED HOUSING UNIT -- A mobile home manufactured after June 15, 1976, or a single-wide modular home, both of which must comply, if located on lots outside of mobile home parks, with the standards of 101–33 of this Part 1, as well as the standards of the United States Department of Housing and Urban Development and/or the standards of the state's Manufactured Housing Act.

MANUFACTURING -- The mechanical or chemical transformation of material or substances into new products, including the creation of products, and the blending of material such as oils, plastics, resins or liquids.

MARINA -- A boat basin offering dockage and ancillary services such as boat sales, boat repair, indoor and outdoor storage of boats and marine equipment, boat and tackle, shop and  but not marine fuel service facilities.

MECHANICAL REPAIR GARAGE -- see AUTOMOTIVE USE  mechanical repair of vehicles with a gross vehicular weight (GVW) less than 14,000 pounds, neither fuel sales nor body repair work occurs at such a facility.

MEDICAL CLINIC -- A place for the diagnosis and treatment of human ailments.

MOBILE HOME -- A residential unit that is constructed in a manufacturing facility and then transported to a site on a permanent chassis. Only mobile homes constructed after June 15, 1976, which the manufacturer certifies is constructed in compliance with United States Department of Housing and Urban Development Standards, shall be considered Manufactured Housing for the purposes of this Ordinance.

MOBILE HOME PARK -- A parcel of land under unified ownership, which has been planned and improved for the placement of mobile homes. Lots in a "mobile home park" may be leased or rented and shall conform to the space and bulk standards specified in 101–33 of this Part 1.

MODULAR HOME -- A residential dwelling unit designed for transportation, after fabrication, to the site as two (2) one (1) or more component parts, where it must be placed on a permanent foundation and be assembled into a livable dwelling unit. Single-wide "modular homes," if located on lots outside of mobile home parks, shall meet the standards of and be considered as manufactured housing units. "Modular homes" of two (2) or more component parts under this Part 1 shall be considered as single-family dwellings.

MOTEL-- A building containing rooms which are rented as a series of sleeping units for automobile transients. Each sleeping unit shall consist of a bedroom and bathroom only.

MOTOR VEHICLE SALES -- The use of any building, land area, or other premise for the display and sale of new or used automobiles, trucks, vans, trailers or recreational vehicles.

MUNICIPAL USE -- Any activity which is exclusively and officially authorized by the Town of Frye Island or School Administrative #6.

MUNICIPALITY -- In the context of this chapter, the words "municipal" and "municipality" refer to Frye Island and School Administrative District No. 6 only.

NET RESIDENTIAL ACREAGE -- The gross available acreage less the area required for streets or access and less the areas of any portions of the site which are unsuitable for development because of topography, natural drainage or subsoil conditions.

NET RESIDENTIAL DENSITY -- The number of dwelling units per net residential acre.

NEWLY CONSTRUCTED, RECONSTRUCTED OR RE-PAVED STREETS -- Any street which has been constructed, reconstructed or re-paved within the past five (5) years.

NONCONFORMING BUILDING, LOT OR STRUCTURE -- A building, lot or structure, the size, dimension or location of which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NONCONFORMING USE -- A land use which was lawful prior to the adoption or amendment of these zoning provisions but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption or amendment.

NUISANCE -- For this Part 1 and Part 2, a "nuisance" shall be defined as in 17 MRSA, Section 2802, as amended.

OFFICIAL SUBMITTAL DATE -- The time of submission of a preapplication plan, preliminary plan for subdivision or final plan for subdivision shall be considered the submission date of the application for such plan approval to the Board, complete and accompanied by any required fee and all data required by these regulations.

OFFICE -- A room or group of rooms used for conducting affairs of business, professions, service industry or government.

OPEN SPACE USE -- Land for recreation and enjoyment of an association of residents or deeded to the town, if the town shall accept it, for the enjoyment of its residents.

PARKING SPACE -- A minimum area of one hundred sixty-two (162) square feet which is a minimum of nine (9) feet wide by eighteen (18) feet long, exclusive of drives, aisles or entrances, fully accessible for the storage or parking of vehicles.

PLANNING BOARD -- The Planning Board of the Town of Frye Island created in the Town Charter.

PRIVATE ROAD -- A road for vehicular traffic in which there is no public right of travel.

PUBLIC PLACE -- Any public street, way, place, sidewalk, park, square, plaza or any other similar public property owned or controlled by the town and dedicated to public use, and any dedicated but unaccepted street or way.

PRELIMINARY SUBDIVISION PLAN -- The preliminary drawings indicating the proposed layout of the subdivision to be submitted to the Planning Board for its consideration.

PORTABLE SIGNS -- A sign standing on, rather than fixed to, the ground. Such signs are usually, but not necessarily, supported from the ground by one (1) or more poles or posts or similar uprights with or without braces, including benches and A or sandwich boards.

PRINCIPAL USE -- The primary use to which the premises is devoted and the main purpose for which the premises exists.

PRIVATE CLUBS -- A building and related facilities owned or operated by a corporation, association or group of individuals and established for the fraternal, social, educational, recreational, or cultural enrichment of its members and not primarily for profit and whose members meet certain prescribed qualifications for membership.

PROCESSING -- A series of operations, usually in a continuous and regular action or succession of actions, taking place or carried out in a definite manner.

PUBLIC UTILITY -- A governmentally regulated organization with franchise for providing a service deemed necessary for the public health, safety or welfare.

PUBLIC WATER SUPPLY -- A water supply for a store, youth camp, campground, restaurant, inn, hotel, motel or other non-residential activity including schools, which serves at 25 or more people or has 15 or more service or residential connections.

RECREATIONAL VEHICLE -- A vehicle or vehicular attachment designed for temporary sleeping or living quarters for one (1) or more persons, which is not a dwelling and which may include a pickup camper, travel trailer, tent trailer and motor home.

RECREATION, COMMERCIAL -- Includes recreational activities operated primarily for profit.

RECYCLING CENTER -- Land, with or without buildings, upon which used materials are separated or processed for eventual re-utilization

RESIDENTIAL CARE FACILITY -- An institution or a distinct part of an institution that is licensed or approved to provide health care under medical supervision to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.

RESIDENTIAL RECREATIONAL DEVELOPMENT -- A residential development planned, maintained, operated and integrated with a major recreational facility such as a golf course, ski resort, lake resort or marina.

RESEARCH FACILITY -- A facility for the investigation into the natural, physical or social sciences, which may include engineering or product development

RESTAURANT -- Any establishment where food and drink are prepared, served, and consumed either on the premises or outside the confines of the restaurant (i.e., take-out). This definition specifically excludes Drive-Thru service.

RESTAURANT DRIVE-THRU -- An establishment where food or beverage is sold in a form ready for consumption, where all or a significant portion of the consumption occurs outside the confines of the establishment. Ordering and receipt of food is likely to take place in an automobile and the customer does not leave the vehicle.

RETAIL BUSINESS -- Any business primarily engaged in the sale, rental or lease of goods or services individually or in small quantities to the ultimate consumer for direct consumption or use and not for resale. Retail trade or business shall not include other commercial uses specifically defined herein.

ROAD -- Any right-of-way (ROW) intended to be used for the passage of persons or vehicles.

ROAD AND RAIL -- Intermodal facility for the redistribution of goods and products.

SCHOOL -- Any building or part thereof which is used for education or instruction in any branch of knowledge to include public, private, business, trade, driving or dance schools.

SETBACK -- A line that is a required minimum distance from the road or right-of-way line or any other lot line that establishes the area within which the principal and accessory structures must be erected or placed.

SETBACK, FRONT -- Setback between the front lot line and front line of a building.

SETBACK, REAR -- Setback between the rear lot line and rear line of a building.

SETBACK, SIDE -- Setback between the side lot line and side line of a building.

SIGN -- Any structure or part thereof attached thereto or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement.

SOCIAL EVENTS CENTER -- A place designed and equipped for the conduct of social gatherings and open to scheduled groups for financial consideration.

SPECIAL EXCEPTION -- A use that would not be appropriate generally or without restriction throughout the zoning division or district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, order, comfort, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning district as "special exceptions" if specific provision for such special exception is made in this Zoning Ordinance. Special Exceptions require approval from the Zoning Board of Appeals and the Planning Board in accordance with the standards and procedures established in this Part 1.

STREET -- A publicly dedicated way accepted by the town or approved by the Planning Board with the proposed improvements conditioned by a performance bond in accord with 101–83 of the Subdivision Regulations and maintained under public authority for vehicular traffic and including the entire right-of-way.

SUBDIVIDER -- The assessed owner or owners of land to be subdivided.

SUBDIVIDER'S AGENT -- That person who has written authorization to act for the assessed owner or owners of land to be subdivided.

SUBDIVISION -- For the purposes of this Part 2, a "subdivision" shall be defined as in 30 M.R.S.A. 4401(4), as amended -- the division of a tract or parcel of land into 3 or more lots within any 5-year period. This definition applies whether the division is accomplished by sale, lease, development, buildings or otherwise. A lot of 40 or more acres shall not be counted as a lot except when the lot or parcel from which it was divided is located entirely or partially within any shoreland area.

SUBSTANTIAL START -- Completion of 30% of a permitted structure or use, measure as a percentage of total estimated value to complete.

SUBSTRUCTURE -- Any pipe, conduit, duct, tunnel, manhole, vault, buried cable or wire or any other similar structures located below the surface of any public place.

STRUCTURE -- A building and/or improvement to the real property, including paved surfaces.

SWIMMING POOL, PERMANENT -- An in-ground swimming pool, regardless of size, or an aboveground swimming pool of one thousand two hundred (1,200) gallons or greater capacity.

SWIMMING POOL, PORTABLE -- An aboveground swimming pool with a side height of thirty (30) inches or more and less than one thousand two hundred (1,200) gallons' capacity.

TEMPORARY SIGN -- A sign other than a portable sign designed and intended to be displayed for a short period of time.

TIMBER HARVESTING -- The cutting and removal of trees from their growing site and the attendant operation of mobile or portable chipping mills and of cutting, limbing and skidding machinery, including the creation and use of skid trails, skid roads and winter haul roads. In addition, the following amounts must be cut or removed from site to meet this definition: 1) forty (40) or more cords, 2) twenty thousand (20,000) or more board feet or 3) sixty (60) or more tons of chips.

TOWN -- The Town of Frye Island and/or its Highway Department authority.

TRADESMAN-- Any occupation or profession which is accessory to a residential use and is customarily carried on in a building or other structure accessory to a dwelling unit and carried on by a member of the family residing in the dwelling unit that meets and maintains the performance standards contained in this Part 1.

TRAILER -- Any unmotorized towed vehicle used or so constructed as to permit its being used as a conveyance on the public streets and highways and duly licensed as such and constructed in such a manner as to permit occupancy thereof as a temporary dwelling for one (1) or more persons. For the purposes of this definition, "temporary dwelling" shall be considered to be a maximum of one hundred and twenty (120) days in any calendar year. A "trailer" shall not be construed as a mobile home for the purposes of this Part 1.

TRANSMISSION TOWERS -- Any freestanding or guyed structure, except for amateur (ham) radio towers and municipally owned and operated towers, on which transmitting and/or receiving antennas and associated cable and supports are located. Unless specifically stated otherwise, the term "transmission tower" shall include the tower, the tower base and any attached receiving or transmitting device.

TREATMENT/EXTRACTION - physical or chemical process of transforming a product or materials into goods to be re-used for wholesale distribution

VARIANCE -- A departure from the requirements of this Part 1 as authorized by the Zoning Board of Appeals only where strict application of the Ordinance would cause undue hardship as defined in Title 30-A, Section 4353, as amended.

UTILITY -- A private company, corporation or quasi-municipal corporation under the direction and control of the Public Utilities Commission.

VETERINARY CLINIC -- A place for the diagnosis and treatment of animals.

WAREHOUSE -- A building used primarily for the temporary storage of goods and materials

YARD -- The area of land on a lot that is normally cultivated and is not occupied by the principal building.

YARD OR GARAGE SALE -- A sale, conducted indoors or out of doors, of used household goods, curios and the like. "Yard or garage sales," as distinguished from flea markets, shall be considered to be accessory uses under this Part 1. Yard or Garage sales shall meet and maintain minimum standards contained in 101–35.7.

Article 11.   To vote to change ARTICLE III (District Regulations), Section 101–5 (RU-Rural Districts) of the Town of Frye Island Land Use Ordinance as follows:

101–5. RU-Rural Districts.

These areas are generally rural now, unsewered, and it is proposed that they remain in a very low density of development in order to prevent future problems, with site plan review providing careful controls to ensure the compatibility of future development.

Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer:

Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer, only. (Uses noted by a "55" are allowed with out a CEO permit. Uses noted by a "56" require CEO notification. Uses noted by a "60" require a shoreland permit when located in the shoreland zone- see SZ uses table)

Accessory uses and buildings.

Agriculture. 55

Animal husbandry. 55

Family Apartment

Forestry management.

Home Care Services. 55

Home Occupations Level 1. 60

Manufactured housing units. 60

Single-family dwellings. 60

Timber Harvesting. 56

Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this Chapter. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Adult Day Care. 50,51,60

Airports. 50,51,52

Business and Professional Offices less than two thousand 2,000 square feet. 50,51,60

Campgrounds. 50,51,60

Cemeteries. 52

Churches. 50,51,60

Day Care Home. 50,51,52

Funeral Homes. 50,51

Gravel Excavation. 52

Home Occupation Level 2. 50,51,60

Home Occupation Level 3. 50,51,60

Home Retail Sales. 50,51,60

Kennels. 50,51

Municipal uses.

Private Clubs. 60

Public utilities.

Residential Care Facility. 50,51, 52

Restaurants. 50,51,52

Retail business, less than two thousand (2,000) square feet. 50,51,52

Social Events Center. 50,51,60

Three-family dwellings. 50,51,60

Tradesman. 60

Two-family dwellings. 60

Veterinary clinics. 50,51,60

Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board approval. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Animal husbandry. 55

Bed and Breakfast 60

Campgrounds. 50,51,60

Commercial recreation. 60

Community Living Facilities 50,51

Day Care Center 50,51,60

Finished Wood Product Processing 50,51

Fueling Station 50,51,52

Funeral Homes. 50,51

Hospitals 50,51,60

Inn 50,51,52

Kennels. 50,51

Mechanical Repair Garage 50,51,52

School 50,51,52

Kennels must be located such that they are 200 feet from all adjacent property lines.

Transmission towers may be located in the Rural Districts, subject to the restrictions set forth in Article VIA, Regulations Concerning Transmission Towers, Part 1, Zoning.

Minimum lot size (minimum area per family) shall be as follows:

Area: three (3) acres

Frontage: two hundred (200) feet.

Lot width: two hundred (200) feet.

Minimum dimensions for lots forty thousand (40,000) square feet or more shall be as follows:

Front building setback, fifty (50) feet.

Side building setback: fifty (50) feet

Rear: fifty (50) feet

Minimum dimensions for lots twenty thousand (20,000) to forty thousand (40,000) square feet shall be as follows:

Front building setback: fifty (50) feet

Side building setback: twenty (20) feet

Rear building setback, twenty (20) feet.

Minimum dimensions for lots under twenty thousand (20,000) square feet shall be as follows:

Front building setback: fifty (50) feet

Side building setback: fifteen (15) feet

Rear building setback, fifteen (15) feet.

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

 

Article 12.   To vote to change ARTICLE III (District Regulations), Section 101–6 (R-Residential Districts) of the Town of Frye Island Land Use Ordinance as follows:

101–6. R-Residential Districts.

It is anticipated that these areas will not be sewered but will provide for residential development in a low-density, self-sustaining, rural environment, with site plan review providing careful controls to ensure the compatibility of future development.

Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer:

Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer, only. (Uses noted by a "55" are allowed with out a CEO permit. Uses noted by a "56" require CEO notification. Uses noted by a "60" require a shoreland permit when located in the shoreland zone- see SZ uses table)

Accessory uses and buildings.

Accessory buildings under One hundred forty-four (144) square feet 55

Agriculture. 55

Family Apartments

Forestry management 55

Home Care Services 55

Home occupations Level 160

Modular HomesManufactured housing units. 60

Single-family dwellings 60

Timber Harvesting 56

Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this Chapter. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Adult Day Care 50,51,60

Cemeteries 52

Churches 60

Day Care Home 50,51,60

Family Apartments

Home Care Services

Home occupations Level 160

Home Occupation Level 260,51,60

Home Retail Sales 50,51,60

Manufactured Dwellings

Municipal Uses

Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board approval. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Home Occupations Level 2 50,51,60

Kennels. 50,51

Mobile home parks, if served by public water supply. All mobile home parks shall comply with the mobile home park standards in 101–33 of this Part 1.

Residential Care Facilities. 50,51,60

 

Minimum lot size (minimum area per family) shall be as follows:

Area: eighty forty thousand (80,00040,000) square feet and sixty thirty thousand (60,00030,000) square feet with public water

Frontage: one hundred seventy-five (175100) feet

Lot width: one hundred seventy-five (175100) feet

 

Minimum dimensions for lots over twenty thousand (20,000) to forty thousand (40,000) square feet shall be as follows:

Front building setback: fifty (50) feet.

Side building setback: twenty (20) feet.

Rear building setback: twenty (20) feet.

 

Minimum dimensions for lots under 20,000 square feet shall be as follows:

Front building setback: fifty (50) feet.

Side building setback: fifteen (15) feet.

Rear, building setback: fifteen (15) feet.

 

Accessory buildings must meet the following setback requirements:

                Front building setback:  thirty (30) feet.

                Side building setback:  ten (10) feet..

                Rear building setback:  ten (10) feet.

 

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

Notwithstanding any other provision of law to the contrary, an appeal from a decision of the Planning Board under this Part shall be taken to the Superior Court.

Article 13.   To vote to change ARTICLE III (District Regulations), Section 101–9 (W.O.C.-Water Oriented Commercial Districts) of the Town of Frye Island Land Use Ordinance as follows:

101–9. WOC-Water-Oriented Commercial Districts.

These areas are to provide for retail sales and services and to serve water recreation users or uses otherwise compatible with marina and other  water-oriented commercial activities. Approval will be required under the Site Plan Review Ordinance.

Land uses in this district shall require written approval from the authority, as indicated, prior to issuance of a permit by the Code Enforcement Officer:

Accessory uses and buildings.

Family Apartments

Home Care Services 55

Home occupations Level 160

Permitted uses, not requiring site plan review, shall be as follows. Such uses shall require approval from the Code Enforcement Officer, only. (Uses noted by a "55" are allowed with out a CEO permit. Uses noted by a "56" require CEO notification. Uses noted by a "60" require a shoreland permit when located in the shoreland zone- see SZ uses table)

Accessory buildings under One hundred forty-four (144) square feet 55

Single-family houses 60

Permitted uses requiring site plan review shall be as follows. Such uses shall require Planning Board approval, in accordance with Part 2 of this Chapter. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Adult Day Care60

Bed and Breakfast60

Business and Professional Offices.60

Commercial recreation 60

Day Care Homes60

Enclosed storage.

Hotels60 and motels.60

Marinas and boat storage.60

Municipal Uses

Restaurants.60

Retail Businesses.60

Uses listed below shall first require approval from the Board of Appeals as a Special Exception, in accordance with standards set forth in this Part 1. Such uses shall also require site plan review and approval from the Planning Board approval. (Uses noted by a "50" are allowed only on a "conforming lot" (see definition). Uses noted by a "51" are not allowed in cluster subdivisions. Uses noted by a "52" are not allowed when located in the shoreland zone).

Campgrounds.60

Day-care center60

Public utilities.

Research facilities.60

Transmission towers may be located in the Water-Oriented Commercial Districts, subject to the restrictions set forth in Article VIA, Regulations Concerning Transmission Towers, Part 1, Zoning.

 

Minimum lot size (minimum area per family) shall be as follows:

Area: eighty forty thousand (80,00040,000) square feet without public water; sixty thirty thousand (60,00030,000) square feet with public water.

Frontage: one hundred seventy-fiveone hundred (175100) feet.

Lot width: one hundred seventy-fiveone hundred (175100) feet.

Minimum dimensions for lots forty thousand (40,000) square feet or more shall be as follows:

Front building setback: fifty (50) feet.

Side building setback: forty (40) feet.

Rear building setback: forty (40) feet.

Minimum dimensions for lots over twenty thousand (20,000) to forty thousand (40,000) square feet shall be as follows:

Front building setback: fifty (50) feet.

Side building setback: twenty (20) feet.

Rear building setback: twenty (20) feet.

Minimum dimensions for lots under twenty thousand (20,000) square feet shall be as follows:

Front building setback: fifty (50) feet.

Side building setback: fifteen (15) feet.

Rear building setback: fifteen (15) feet.

Accessory buildings must meet the following setback requirements:

                Front building setback:  thirty (30) feet.

                Side building setback:  ten (10) feet.

                Rear building setback:  ten (10) feet.

 

Lots in a cluster subdivision must maintain the setbacks approved with the subdivision unless a variance is obtained.

Article 14.   To vote to delete the text of ARTICLE IV (General Standards), Section 101–32.8 (Rod Ways) of the Town of Frye Island Land Use Ordinance (this section refers to roads in the Town of Standish and not in the Town of Frye Island) as follows:

101–32. 8 Rod Ways.

Notwithstanding any other provision of this Land Use Code to the contrary, 8-rod ways from the Town’s 18th century Proprietors’ Meetings regarding the original 30-acre lots shall be governed as follows:

The Town maintains all rights, if any to all lands lying within the 8-rod ways of all such ways commonly known as the Northeast, Southwest, Northwest and Southeast Roads. For purposes of the Land Use Code, zoning setbacks shall be measured from the applicable county or state right-of-way limits rather than the 8-rod way limits except that in no event shall new buildings be constructed within the limits of the 8-rod ways.

Article 15.   To vote to delete the text of ARTICLE IV (General Standards), Section 101–34 (Access limitations) of the Town of Frye Island Land Use Ordinance (this section refers to roads in the Town of Standish and not in the Town of Frye Island) as follows:

101–34. Access limitations.

Any lot created after the effective date of this section, as part of a subdivision as defined by the Town of Frye Island and State of Maine, shall have its required road frontage on a way other than Route Nos. 25, 35, 113 or 114 unless the Planning Board determines that conditions particular to a parcel justify a waiver from this requirement. A waiver shall be granted only if there will be no further subdivision of the parcel and one (1) of the following criteria is met:

 

There is too little road frontage to reasonably allow for the creation of a new way. The shape or physical condition of the parcel does not permit access to or creation of a way.

Article 16.   To vote to mark as reserved ARTICLE IV (General Standards), Section 101-32 and Section 101-34 of the Town of Frye Island Land Use Ordinance. (This is to preserve the numbering)

Article 17.   To vote to amend ARTICLE VII (Administration and Enforcement), by inserting Sections 101-59A to the Town of Frye Island Land Use Ordinance as follows:

The Planning Board shall schedule meetings approximately once a month between April 30 and Columbus Day.

Article 18.   To vote to amend Section 102-12 of the Town of Frye Island Shoreland Zoning Ordinance as follows:

For new construction, setbacks from a water body or wetland shall not take into account the reductions in setback resulting from stairways.       

Article 19.   To vote to amend Section 102-15 of the Town of Frye Island Shoreland Use Ordinance as follows:

An expansion towards a water body or wetland is an expansion that decreases the shortest existing nonconforming setback distance from the shore. This distance shall not take into account the reduction in setback resulting from stairways.

Article 20.   To vote to change to the Official Zoning Map of the Town of Frye Island as detailed in the document "Proposed Zoning Changes":

Add lot 2 to the Water Oriented Commercial District.  This lot is owned by Frye Island Incorporated. The map details this change, but is approximate. The Official Zoning Map is available for viewing in the Town of Frye Island Office.

Article 21.   Shall an ordinance entitled 'An Ordinance to Prohibit the Discharge of Firearms within the Town of Frye Island' be enacted as follows:

§ 1. Title.
§ 2. Purpose.
§ 3. Prohibition of the Discharge of Firearms
§ 4. Violations and Penalties.
§ 5. Enforcement.

[HISTORY: Adopted by the Town Meeting of the Town of Frye Island:(Date)
 

ARTICLE I
An Ordinance to Prohibit the Discharge of Firearms within the Town of Frye Island

§  1. Title.
This Ordinance shall be known as and may be cited as the "Ordinance to Prohibit the Discharge of Firearms “

§  2. Purpose.
The purpose of this Ordinance is to protect the health, safety and well‑being of the citizens of Frye Island by regulating the discharge of firearms with the Town.

§  3.  Prohibition of the Discharge of Firearms
 
The discharge of firearms of any kind, is prohibited within the Town of Frye Island, except by law enforcement agents in the performance of their duties.

§ 4. Violations and Penalties.
Any person who violates any of the provisions of this Ordinance shall be guilty of a civil violation and, upon conviction, shall be fined not less than fifty dollars ($50.) and not more than five hundred dollars ($500.), with each incident being considered a separate violation.  A warning may be issued for a first offense. All fines accrue to the Town of Frye Island.

§ 5. Enforcement.
This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees.

 

Article 22.   Shall an ordinance entitled 'An Ordinance to Prohibit Hunting and Trapping of Animals within the Town of Frye Island' be enacted as follows:

' 1. Title.
'
2. Purpose.
'
3. Prohibition of Hunting and Trapping
'
4. Violations and Penalties.
'
5. Enforcement.

[HISTORY: Adopted by the Town Meeting of the Town of Frye Island:(Date)

ARTICLE I
An Ordinance to Prohibit Hunting and Trapping of Animals
within the Town of Frye Island

'  1. Title.
This Ordinance shall be known as and may be cited as the "Ordinance to Prohibit Hunting and Trapping.

'  2. Purpose.
The purpose of this Ordinance is to protect the health, safety and well‑being of the citizens of Frye Island by regulating hunting and trapping with the Town.

'  3.  Prohibition of Hunting and Trapping
 
Hunting and trapping of animals is prohibited within the Town of Frye Island, with the following exceptions:

         A.         Hunting to cull the deer herd or other animals when approved by the Board of Selectmen.

         B.         The shooting of rabid animals by law enforcement agents in the performance of their duties.

         C.         Humane trapping to relocate animals under the direction of the Board of Selectmen.

         D.         Trapping of household pests.

' 4. Violations and Penalties.
Any person who violates any of the provisions of this Ordinance shall be guilty of a civil violation and, upon conviction, shall be fined not less than two hundred dollars ($200) and not more than five hundred dollars ($500.), with each incident being considered a separate violation.  A warning may be issued for a first offense. All fines accrue to the Town of Frye Island.

' 5. Enforcement.
This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff's Department, or their designees.

 

Article 23.   Shall an ordinance entitled 'An Ordinance to control use of Golf Carts on Town Roads within the Town of Frye Island' be enacted as follows:


§ 1. Title.
§ 2. Purpose.
§ 3. Registration of Golf Carts.
§ 4. Unsafe Use of Golf Carts Prohibited.
§ 5. Unsafe Use of Gasoline Powered Golf Carts Without a Speed Governor Prohibited.
§ 6. Impoundment of Golf Carts.
§ 7. Violations and Penalties.
§ 8. Enforcement.

[HISTORY: Adopted by the Town Meeting of the Town of Frye Island:(Date) Amendments noted where applicable.]

ARTICLE I
Use of Golf Carts
[Adopted (Date)]

§  1.     Title.
This Ordinance shall be known as and may be cited as the "Ordinance Prohibiting Unsafe Use of Golf Carts in the Town of Frye Island, Maine, Providing Penalties for Violation Thereof," and shall be referred to herein as "this chapter."

§  2.     Purpose.
The purpose of this Ordinance is to protect the health, safety and well‑being of the citizens of Frye Island by prohibiting the unsafe use of golf carts on the public roads in the town, many of which have narrow roadways and hidden obstructions which may endanger the safety of persons driving, bicycling or walking on the roads or the safety of motorists, cyclists or pedestrians.

§  3.   Registration of Golf Carts.

§  3-1.  No golf cart shall be used on Town public roads unless it has been registered with the Town Clerk and has been issued a license. The registration fee, license, insurance requirements and other requirements shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees. The owner must sign an acceptance of liability for any operator of the golf cart.

§  3-2. No golf cart shall be used on Town public roads unless it bears a number identification issued by the Town Clerk. The number identification shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees.

§  4. Unsafe Use of Golf Carts Prohibited.
The following practices constitute unsafe use of golf carts on Town public roads:

§  4-1. Use of a golf cart one half hour after sunset to one half hour before sunrise without headlights and rear lights installed and illuminated.

§  4-2. Use of a golf cart without a rearview mirror.

§  4-3. Use of a golf cart without a warning device such as a horn.

§  4-4. Use of a golf cart with more than three people on any seat. In no case shall there be more people on any seat than the golf cart is designed to carry.

§  4-5. Use of a golf cart with passengers riding on fenders, bumpers or in the location designed for the transportation of golf club bags.

§  4-6. Use of a golf cart:

      A. by a driver under the age of twelve,

      B.   by a driver without a valid motor vehicle driving license unless there is a person with a valid motor vehicle driving license seated next to the driver. This does not apply to a driver without a valid motor vehicle driving license fourteen years or older who has successfully completed a golf cart safety course approved by the Town, or an ATV safety course approved by the State of Maine.

§ 4-7  Operating an golf cart in violation of ordinances or regulations applicable to motor vehicles, except as expressively permitted by the article, or in a reckless manner in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

§ 4-8.  Operating a golf cart in a manner to endanger, so as to endanger any person or property.

§ 4-9.  Operating a golf cart under the influence or with excessive blood‑alcohol level. A person commits the crime of operating a golf cart while under the influence of intoxicating liquor or drugs if that person operates or attempts to operate a golf cart while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or, for a person 21 years of age or older, while having alcohol levels in that person's blood; higher than the minimum requirements under TITLE 29-A, CHAPTER 19 for operation of motor vehicles, or, for a person less than 21 years of age, while having any amount of alcohol in the blood. Operating a golf cart while under the influence of intoxicating liquor or drugs is a Class D crime.

§ 4-10.
  Failure to comply with duty to submit. A person is guilty of failure to comply with the duty to submit to and complete a blood‑alcohol or drug concentration test under TITLE 29‑A, CHAPTER 23 of the Maine State Statues, if that person refuses to submit to or fails to complete a blood‑alcohol or drug concentration test or both, when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate a golf cart while under the influence of intoxicating liquor or drugs.

§ 5.  Unsafe Use of Gasoline Powered Golf Carts Without a Speed Governor Prohibited.

The following practices constitute unsafe use of a gasoline powered golf cart with its speed governor disengaged:   (This Section does not apply to battery operated golf carts.)

§ 5-1.             Use of a gasoline powered golf carts without a speed governor

      A. without the driver and passengers wearing protective headgear, if the driver is under 18 years of age, or;

      B. without passengers under 18 years of age wearing protective headgear.

§ 5-1-1. The headgear must conform with minimum standards of construction and performance as proscribed by the National Standards Institute specification Z90.1 or by the Federal Motor Vehicle safety Standard No. 218. Standards Institute specification Z90.1 or by the Federal Motor Vehicle safety Standard No. 218.

§ 5-2. Operation of a gasoline powered golf carts without a speed governor at speeds greater than reasonable and prudent for the existing conditions, or greater than speed limits set by the Department of Transportation.

§ 6.  Impoundment of Golf Carts.
Then a law enforcement officer issues a summons for a violation under this ordinance, the officer may impound the golf cart operated by the person who received the summons if, in the judgment of the officer, based on actual previous offenses by the operator or other considerations, the operator will continue to operate the vehicle in violation and such operation may be a hazard to the safety of persons or property.

The operator or owner may reclaim his vehicle at any time subsequent to 24 hours after the issuance of the summons upon payment of the costs of impoundment to the enforcement agency impounding the vehicle.

§ 7. Violations and penalties.
Any person who violates any of the provisions of Sections 4-1, 4-2, 4-3, 4-4, 4-5, 4-6, 4-7, 4-8, 5-1, or 5-2, of this Ordinance shall be guilty of a civil violation and, upon conviction, shall be fined not less than fifty dollars ($50.) and not more than five hundred dollars ($500.), with each incident being considered a separate violation: all fines accrue to the Town. A warning may be issued for a first offence.

Any person who violates provision § 4-9 of this Ordinance shall be guilty of a Class D crime, and upon conviction, shall be punished according to TITLE 29‑A, CHAPTER 23 of the Maine State Statues.

Any person who violates provision § 4-10 of this ordinance shall be guilty of a Class E crime, and upon conviction, shall be punished according to TITLE 29‑A, CHAPTER 23 of the Maine State Statues.

§ 8. Enforcement.
This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees.

 

Article 24.   Shall an ordinance entitled 'An Ordinance to control use of ATVs on Town Roads within the Town of Frye Island' be enacted as follows:

§ 1. Title.
§ 2. Purpose.

§ 3.
Registration of All Terrain Vehicles.
§ 4. Unsafe Use of All Terrain Vehicles Prohibited.
§ 5.
Impoundment of ATVs.
§ 6. Violations and penalties.
§ 7. Enforcement.

[HISTORY: Adopted by the Town Meeting of the Town of Frye Island:(Date) Amendments noted where applicable.]

ARTICLE I
Use of All Terrain Vehicles (ATVs)
[Adopted (Date)]

§  1. Title.
This Ordinance shall be known as and may be cited as the "Ordinance Prohibiting Unsafe Use of All Terrain Vehicles (ATVs) in the Town of Frye Island, Maine, Providing Penalties for Violation Thereof," and shall be referred to herein as "this chapter."

§  2. Purpose.
The purpose of this Ordinance is to protect the health, safety and well‑being of the citizens of Frye Island by prohibiting the unsafe use of ATV’s on the public roads in the town, many of which have narrow roadways and hidden obstructions which may endanger the safety of persons driving, bicycling or walking on the roads or the safety of motorists, cyclists or pedestrians.

§  3. Registration of All Terrain Vehicles.


§  3-1.
No ATV shall be used on Town public roads unless it has been registered with the Town Clerk and has been issued a license. The Town registration fee, license, insurance requirements and other requirements shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees. The owner must sign an acceptance of liability for any operator of the ATV.


§  3-2.
No ATV shall be used on Town public roads unless it bears a number identification issued by the Town Clerk. The number identification issued shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees.


§  4. Unsafe use of All Terrain Vehicles  prohibited.
The following practices constitute unsafe use of ATVs on Town public roads:

§  4-1. Use of an ATV one half hour after sunset to one half hour before sunrise without headlights and rear lights installed and illuminated.

§  4-2. Use of an ATV without a rearview mirror.

§  4-3. Use of an ATV without a warning device such as a horn.

§  4-4. Use of an ATV with more than two people on each seat, unless the seat has been specifically designed by the manufacturer to hold more than two people. In no case shall there be more passengers than the ATV is designed to carry

§  4-5. Use of an ATV

         A. without the driver and passengers wearing protective headgear, if the driver is under 18 years of age, or

         B. without passengers under 18 years of age wearing protective headgear.

§ 4-5-1. The headgear must conform with minimum standards of construction and performance as proscribed by the National Standards Institute specification Z90.1 or by the Federal Motor Vehicle safety Standard No. 218.

§  4-6. Use of an ATV:


        
A. by a driver under the age of fifteen,

         B. by an unlicensed driver fifteen years or older, unless accompanied by an adult of 21 years of age or older with a valid driving license. Accompanied by an adult means within visual and voice contact and under the effective control of the adult. This does apply to an unlicensed driver fifteen years or older, who has successfully completed an ATV safety course approved by the State of Maine.

§  4-7.  Operating an ATV  that is not equipped at all times with an effective and suitable muffling device on its engine to effectively deaden or muffle the noise of the exhaust. Each ATV must meet noise emission standards of the United States Environmental Protection Agency and in no case exceed 82 decibels of sound pressure level at 50 feet on the 'A' scale as measured by the SAE standards.

§  4-8.  Operating an ATV  that is not equipped at all times with a working spark arrester. In addition to any penalties imposed under this subsection, the court may, subject to Title 17-A, chapter 54 of the Maine State Statues, order restitution for fire suppression costs incurred by state or municipal government entities in suppressing fires caused by operation of an ATV without a working spark arrester.

§  4-9. Operation of ATV at speeds greater than reasonable and prudent for the existing conditions, or greater than speed limits set by the Department of Transportation.

§  4-10.  Operating an ATV in violation of ordinances or regulations applicable to motor vehicles, except as expressively permitted by the article, or in reckless manner in such a way as to recklessly create a substantial risk of serious bodily injury to another person.

§  4-11.  Operating an ATV in a manner to endanger, so as to endanger any person or property.

§  4-12.  Operating an ATV under the influence or with excessive blood‑alcohol level. A person commits the crime of operating an ATV while under the influence of intoxicating liquor or drugs if that person operates or attempts to operate any ATV while under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or, for a person 21 years of age or older, while having alcohol levels in that person's blood; higher than the minimum requirements under TITLE 29-A, CHAPTER 19 for operation of motor vehicles; or, for a person less than 21 years of age, while having any amount of alcohol in the blood. Operating an ATV while under the influence of intoxicating liquor or drugs is a Class D crime.

§ 4-13.  Failure to comply with duty to submit. A person is guilty of failure to comply with the duty to submit to and complete a blood‑alcohol or drug concentration test under TITLE 29‑A, CHAPTER 23 of the Maine State Statues, if that person refuses to submit to or fails to complete a blood‑alcohol or drug concentration test or both, when requested to do so by a law enforcement officer who has probable cause to believe that the person operated or attempted to operate an ATV while under the influence of intoxicating liquor or drugs.

§ 5.  Impoundment of ATVs.
When a law enforcement officer issues a summons for a violation under this ordinance, the officer may impound the ATV operated by the person who received the summons if, in the judgment of the officer, based on actual previous offenses by the operator or other considerations, the operator will continue to operate the vehicle in violation and such operation may be a hazard to the safety of persons or property.

The operator or owner may reclaim his vehicle at any time subsequent to 24 hours after the issuance of the summons upon payment of the costs of impoundment to the enforcement agency impounding the vehicle.

§ 6. Violations and penalties.
Any person who violates any of the provisions of this Ordinance except § 4-12 or 4-13 shall be guilty of a civil violation and, upon conviction, shall be fined not less than fifty dollars ($50.) and not more than five hundred dollars ($500.), with each incident being considered a separate violation: all fines accrue to the Town. A warning may be issued for a first offence.

Any person who violates provision §  4-12 of this Ordinance shall be guilty of a Class D crime, and upon conviction, shall be punished according to TITLE 29‑A, CHAPTER 23 of the Maine State Statues.

Any person who violates provision § 4-13 of this ordinance shall be guilty of a Class E crime, and upon conviction, shall be punished according to TITLE 29‑A, CHAPTER 23 of the Maine State Statues.

§ 7. Enforcement.
This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees.

 

Article 25.   Shall an ordinance entitled  'An Ordinance to control use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles on Town Roads within the Town of Frye Island' be enacted as follows:

§ 1. Title.
§ 2. Purpose.
§ 3. Registration of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles
§ 4.
Definitions
§ 5. Safe Use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles.
§ 6. Protective Headgear
§ 7. Violations and Penalties.
§ 8. Enforcement.

 
[HISTORY: Adopted by the Town Meeting of the Town of Frye Island:(Date) Amendments noted where applicable.]

ARTICLE I
Use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles
[Adopted (Date)]

§  1. Title.
This Ordinance shall be known as and may be cited as the "Ordinance for Safe Use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles in the Town of Frye Island, Maine, Providing Penalties for Violation Thereof," and shall be referred to herein as "this chapter."


§  2.     Purpose.

The purpose of this Ordinance is to protect the health, safety and well‑being of the citizens of Frye Island by regulating the safe use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles on the public roads in the town, many of which have narrow roadways and hidden obstructions which may endanger the safety of persons driving, bicycling or walking on the roads or the safety of motorists, cyclists or pedestrians.

§  3.     Registration of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles.

§ 3-1. No Moped, Motor Driven Cycle, Motorized Bicycle or Tricycle and Motorcycle shall be used on Town public roads unless it has been registered with a State or Province or the Town Clerk and has been issued a license. The Town registration fee, license and other requirements shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees. The owner must sign an acceptance of liability for any operator of any Moped, Motor Driven Cycle, Motorized Bicycle or Tricycles and Motorcycle.

§ 3-2. No Moped, Motor Driven Cycle, Motorized Bicycle or Tricycles and Motorcycle shall be used on Town public roads unless it bears a number identification issued by a State or Province or the Town Clerk. The number identification issued by the Town Clerk shall be as ordered by the Selectmen with the advice of the Executive Committee of the Board of Island Trustees.

§ 4.      Definitions
The definitions of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles shall be as defined in TITLE 29-A, CHAPTER 1, State of Maine Regulations.

§ 5.      Safe Use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles.    

§ 5-1.
The use of Mopeds, Motor Driven Cycles, Motorized Bicycles or Tricycles and Motorcycles on Town roads shall be as defined in TITLE 29-A, State of Maine Regulations, except as provided in this ordnance.

§ 6.      Protective Headgear

§ 6-1. The following persons must wear protective headgear while on Town public roads:

            A. If under 14 years of age, operators or passengers on a Moped, Motor Driven Cycle, Motorized Bicycle or Tricycles and Motorcycle;

            B. An operator of a Moped, Motor Driven Cycle, Motorized Bicycle or Tricycles and Motorcycle, operating under a learner's permit or within one year of successfully completing a driving test;

            C. A passenger of an operator required to wear headgear.

§ 6-2. Compliance. An operator of a Moped, Motor Driven Cycle, Motorized Bicycle or Tricycles and Motorcycle, and /or their parent or guardian may not allow a passenger under the age of 14 years to ride in violation of this section.

§ 6-3.             Standard Protective headgear must conform with minimum standards of construction and performance as prescribed by the American National Standards Institute specifications  Z90.1 or by the Federal Motor Vehicle Safety.

§ 7.      Violations and Penalties.
Any person who violates any of the provisions of this Ordinance shall be guilty of a civil violation and, upon conviction, shall be fined not less than fifty dollars ($50.) and not more than five hundred dollars ($500.), with each incident being considered a separate violation: all fines accrue to the Town. A warning may be issued for a first offence.

§ 8.      Enforcement.
This Ordinance shall be enforced by the Town of Frye Island Police Department, the Cumberland County Sheriff’s Department, or their designees.

Adjourn the Meeting

Respectfully Submitted,

The Municipal Officers of the Town of Frye Island

                                                   James Kuiken, Selectman

                                                   Joseph Potts, Selectman

                                                   Oleg Svetlichny, Selectman

Dated at Frye Island: September 28, 1999

A True Copy of the Warrant, attest:

                                                   Conrad Theberge, Town Clerk, Town of Frye Island