Ordinances Adopted by Reference

Introduction:

At the first Town Meeting (7/1/2007) the Town voted to adopt by referencenine ordinances from the Town of Cumberland and directed the Board of Selectmen to bring back to Town Meeting ordinances with language more specific to the Town of Chebeague Island. The nine ordinances are:

*Dog Control Ordinance,

*All Terrain Vehicle Trespass Ordinance,

*Solid Fuel Stove Safety Ordinance,

*Public Swimming Pool Ordinance,

*Dance Hall Ordinance,

*Special Amusement Ordinance,

*Victualers License Ordinance,

*Solid Waste Facility Ordinance, and

*Licenses and Permits Ordinance

This document is a compilation of relevant concepts, restrictions, definitions and paraphrased information from Maine State Statute. All references are to current Maine Revised Statutes Annotated (M.R.S.A.) by Title and Section. For this document a reference to “T. 7 S. 3911” means M.R.S.A. 7 § 3911. Many of these ordinances contain language that appears to have been taken directly from State Statute or rules many years ago and is at best redundant and probably quite out of date. Some language did not come directly from Statute but from Departmental Rules enabled by Statute. General references to these rules are placed in the “notes” for each section. The information was compiled by Eli Boissin at the request of the Selectmen.

An Off-Highway vehicle ordinance was recently passed that covers the ATV ordinance by reference. The ATV Ordinance passed by reference was not repealed but may have expired in 2008.
State Dog Statutes:

  • Dog must be licensed, T. 7 S. 3922-23.
  • No dogs “at large” (dogs not on your property must be controlled by leash or voice command). T. 7 S. 3911.
  • An Animal Control Officer will be appointed. T. 7 S. 3947. Their duties are:
  • To restrain dogs “at large”, returning to owner if known or impounding if owner is unknown. T. 7 S. 3912.
  • May ask an owner for proof of rabies vaccination. T. 7 S. 3916.
  • Ensure that dogs are licensed. T. 7 S. 3921.
  • To control animals that are a cause of complaint in the community or pose a threat to public health or safety. T. 7 S. 3948.
  • To determine whether complaints of a “dangerous dog” (a dog that assaults or threatens a person with imminent bodily injury) are justified and to issue a civil violation summons for keeping a dangerous dog. T. 7 S. 3952
  • To inform owners if their animal is trespassing and enforce that the animal is removed if the owner has been informed. T. 7 S. 4041.
  • The town may set more stringent ordinances or regulations than the State statutes, but they may not be breed-specific. T. 7 S. 3950.
  • Any barking dog regulations do not apply to herding dogs or agricultural guard dogs protecting livestock.

State Special Amusement-related Statutes:

  • If an establishment that is licensed to serve liquor wants to provide entertainment (any music except radio or other mechanical device, any dancing, or entertainment of any sort) on their premises they must obtain a special amusement permit from the municipality. T. 28-A S. 1054.
  • Liquor licensees may offer free food or entertainment with or without the purchase of one drink. T. 28-A S. 709.

Notes:

Chebeague’sSpecial Amusement ordinance is based on T. 28 S. 702. This was repealed in 1987 and replaced by T. 28-A S. 1054, which states the same thing as before.

State Dance Hall Statute:

  • T. 8 S. 161. – For Public Dances:
  • A public dance with minors admitted must have a law enforcement officer or, if allowed under town ordinance a private, licensed security guard.
  • There must be separate toilets for men and women.
  • A building used for public dancing purposes must have posted at all times of dances a proper license from the Commissioner of Public Safety.
  • The owner shall apply for a license from the Commissioner of Public Safety, who shall inspect the building.
  • The fee for a license is $117.
  • A fee is not required for dances by and for students in schools or municipally owned buildings.

State Solid Fuel Stove-related Statutes:

  • Fire and Building Codes remain in place. T. 10 Ch. 1103 S. 9725.
  • The building official shall inspect the building during construction (following T. 10, Ch. 1103 to ensure that fire safeguards and proper installations are in place. T. 25 S. 2353.
  • The building official, fire inspector, and municipal officers may enter a building for inspection of fire safety standards at any reasonable hour. T. 25 S. 2360.
  • If any citizen complains that a stove, etc. is defective, out of repair or dangerous, (in a town of less than 2000 inhabitants) an Inspector may check that complaint is well founded and give notice to owner or occupant. T. 25 S. 2432.
  • Installation of burning equipment (stoves, chimneys, etc.) must comply with rules and standards of the Maine Fuel Board. T. 32 S. 18107.
  • Anyone installing a stove or chimney must give a disclosure statement to the consumer indicating that the installation complies with NFPA standards, no. 211. T. 32 S. 18108.
  • The Maine Fuel Board may adopt technical standards for installation and servicing of solid fuel (among others) burning equipment. T. 32 S. 18123.
  • T. 25 S. 2465
  • Commissioner of Public Safety shall adopt rules for construction, installation, maintenance and inspection for solid fuel burning appliances and related materials.
  • subject to T. 32 Ch. 139, any municipality may adopt ordinance requirements for the materials, installation, construction, maintenance or inspection of chimneys, fireplaces, vents or solid fuel burning appliances that exceed the requirements of this section and the rules adopted pursuant to this section.

State Public Pool-related Statutes:

  • A “Public Pool” means any pool other than a residential or medical facility pool that is intended for swimming, recreational bathing or wading and is operated by one licensed by the Department of Health and Human Services, regardless of whether a fee is charged for use. A pool on the premises of a child care facility is a public pool. T. 22 S. 2662.
  • No person may prohibit the use of a lifejacket or similar device by someone with a disability or who otherwise requires that device. T. 22 S. 1635.
  • The pool must be sanitary and under the supervision of someone who shall assume responsibility for the safe and sanitary operation of the pool. T. 22 S. 2666.
  • A fence must be built and maintained around all swimming pools. T. 22 S. 1632.
  • Municipalities may adopt and enforce swimming pool enclosure ordinances that are either less or more restrictive than in the state chapter, or that concern matters not dealt with by Ch. 266: Swimming Pools. T. 22 S. 1634.

Notes:

The language in the Chebeague’s ordinance was probably pulled from State Rules. The current rules are substantial (hundreds of pages) and are titled: Department of Human Services, Chapter 202 State of Maine Food Code, 2001(

State Solid Waste Facility-related Statutes:

  • T. 38 S. 1310-N: Solid Waste Facility Licenses:
  • To locate, establish, construct, and expand a facility, one must get approval and a license from the Maine DEP.
  • Setback requirements for a transfer station on an island that is not connected to the mainland by a road. On a case-specific basis the DEP will establish setbacks in accordance with:
  • No predetermined minimum setback applies. A proposed setback must be reasonable and compatible with nearby land use.
  • No predetermined setback from an active or closed landfill applies.
  • As much as possible, the department will ensure that the site of a transfer station on an island is located to minimize the impact on residents.
  • Municipalities are prohibited from enacting stricter standards for siting or designing facilities than those in Title 38, Chapter 13: Waste Management. T. 38 S. 1310-U.
  • Municipalities may enact ordinances that they find reasonable in areas including: conformance with federal and state solid waste rules; fire safety; traffic safety; noise levels; distance from other uses; ground and surface water protection; erosion control; and compatibility with local zoning and land use. T. 38 S. 1310-U.
  • A municipality adopting an ordinance under this section shall forward a copy to the commissioner within 30 days of adoption.

State Licenses and Permits-related Statutes:

  • Municipal officers are the licensing authority unless otherwise provided in ordinance or law. T. 30-A S. 3701.
  • A person may not be an innkeeper or tavernkeeper without a license. T. 30-A S. 3811.
  • Municipal officers may enact ordinances requiring lodging houses to be licensed. These licenses are issued by the board under section 3812 (see next bullet).
  • T. 30-A S. 3812: The municipal officers serve as the licensing board for innkeepers’ and tavernkeepers’ licenses.
  • The board shall meet annually during May. Notice must be posted in at least 2 public places at least 7 days before the meeting.
  • The board may meet at any other time for a specially called meeting with the same public notice given.
  • At meetings, the board may:
  • License as many “persons of good moral character” as considered necessary.
  • License must specify the building for the licensed business.
  • Board may issue and restrictions and regulations it considers necessary under the license.
  • The board may revoke any license previously granted.
  • All licenses expire one year after issuance.

State Victualers-related Statutes:

  • “Victualer” means a person who serves food or drink prepared for consumption on the premises by the public. T. 30-A S. 3801.
  • Victualers have the same rights and duties as innkeepers except to furnish lodgings. T. 30-A S. 3832.
  • Innkeepers and victualers may not have gambling or keep games for gambling purposes in their establishments (use of a prohibited game commits a civil violation for which a forfeiture of $5 may be adjudged). T. 30-A S. 3833.
  • No innkeeper or victualer may allow reveling, riotous or disorderly conduct, drunkenness or excess on their premises.

Notes:

Some of the language in the Chebeague’s ordinance was probably pulled from State Rules. The current rules are substantial (hundreds of pages) and are titled: Department of Human Services, Chapter 200 and 201 State of Maine Food Code, 2001(

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