[HISTORY: Adopted by the Town of Cumberland 12-12-2017. Amendments noted where applicable.]
Mass gatherings — See Ch. 162.
Roads and public property — See Ch. 200.
All-terrain vehicles — See Ch. 278.
Editor's Note: This ordinance also superseded former Ch. 282, Vehicles and Traffic, adopted 5-20-1985, as amended.
The following words and phrases, when used in this chapter, shall for the purpose of this chapter have the meanings respectively ascribed to them in this section, except when the context otherwise requires. Whenever any words and phrases used herein are not defined herein but are defined in the state laws regulating the operation of vehicles, any such definition therein shall be deemed to apply to such words and phrases used herein, except when the context otherwise requires.
- AUTHORIZED EMERGENCY VEHICLE
- Vehicles of the fire department, police department, and such ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Town Manager and Chief of Police, or their designees.
- COMMERCIAL VEHICLE
- Every vehicle designed, maintained or used primarily for transportation of property.
- CONTROLLED ACCESS HIGHWAY
- Every highway, street or roadway in respect to which owners or occupants of abutting lands and other persons have no legal right of access to or from the same except at such points only and in such manner as may be determined by the public authority having jurisdiction over such highway, street or roadway.
- The portion of a roadway ordinarily included within the prolongation of curb and property lines at intersections, or any other portions of a roadway clearly indicated for pedestrians crossing by lines, signs or other markings.
- CURB LOADING ZONE
- A space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers, materials or freight.
- Every road or driveway not open to the use of the public for the purposes of vehicular travel.
- FIRE DEPARTMENT OFFICIAL
- Any municipal firefighter or fire warden, including those appointed under special laws.
- IMMOBILIZATION DEVICE
- A device which will render a vehicle inoperable, more commonly referred to as a "boot."
- The towing of a motor vehicle and having it stored at the place of business of the towing company or any other secure facility.
- The area embraced within the prolongation of the lateral curblines or, if no curblines are established, then the lateral boundary lines of two or more streets or highways which join one another at an angle, whether or not one such street or highway crosses the other.
- LANED ROADWAY
- A roadway which is divided into two or more clearly marked lanes for vehicular traffic.
- OFFICIAL TIME STANDARD
- Whenever certain hours are named herein they shall mean standard time or daylight saving time as may be in current use in this municipality.
- OFFICIAL TRAFFIC SIGNS
- All signs, markings or devices not inconsistent with this chapter placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning, or regulating traffic.
- Any person who is in actual physical control of a vehicle.
- The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading property or passengers.
- Any person afoot.
- Any natural person, firm, copartnership, association, corporation or other legal entity.
- POLICE OFFICER
- Any officer of the Police Department, any constable, or any person authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
- PRIVATE ROAD OR DRIVEWAY
- Every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
- The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
- That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of the berm of the shoulder. In the event that a highway includes two or more separate roadways, the term "roadway" as used herein shall refer to any such roadway separately but not to all such roadways collectively.
- SAFETY ZONE
- The area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
- That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for use by pedestrians.
- Any stopping of a vehicle, whether occupied or not.
- Pedestrians, ridden animals, herded animals, vehicles, passenger buses and other conveyances, either singly or together, while using any street for purposes of travel.
- A space dedicated at the end of a dead end street or property owned by the Town of Cumberland to be used specifically as a vehicle turnaround.
- Every device in, upon, or by which any person or property is or may be transported upon a street, way or road except devices moved by human power or used exclusively upon stationary rails or tracks.
State laws incorporated. All state motor vehicle laws are hereby incorporated by reference. No person shall violate any motor vehicle law of the state within the Town.
Authority of Police and Fire/EMS Department officials.
It shall be the duty of any police officer to enforce all traffic laws of this municipality and all state vehicle laws.
Police officers are hereby authorized to direct all traffic by voice, hand or signal in conformance with traffic laws, provided that, in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, police officers may direct traffic as conditions may require notwithstanding the provisions of the traffic laws.
Officers of the Fire/EMS Department, when at the scene of a fire, may direct or assist the police in directing traffic thereat or in the immediate vicinity.
Obedience to police and fire officials. No person shall willfully fail or refuse to comply with any lawful order or direction of any police officer or Fire/EMS Department official in directing traffic.
Public employees to obey traffic regulations. The provisions of this chapter shall apply to the drivers of all vehicles owned or operated by the United States, this state, or any county, town, district, or any other political subdivision of the state, subject to such specific exceptions as are set forth in this chapter or in the State Vehicle Code.
Authorized emergency vehicles.
The driver of an authorized emergency vehicle, when responding to an emergency call or when in the pursuit of an actual or suspected violator of the law or when responding to, but not upon return from, a fire alarm may park or stand irrespective of the provisions of this chapter.
The foregoing provision shall not relieve the driver of an authorized emergency vehicle from the duty to park or stand with due regard for the safety of all persons, nor shall such provision protect the driver from the consequences of his reckless disregard for the safety of others.
Removal of ticket. No person shall remove from any vehicle a parking ticket, notice or warning placed on or in such vehicle by a police officer, except for the purpose of answering such notice as required therein.
Moving of vehicles to avoid provisions of chapter unlawful. The moving of vehicles from one location to another to avoid provisions of this chapter shall be deemed a violation thereof.
Prima facie evidence of operation. No person shall allow, permit or suffer any vehicle registered in his/her name to stand or park in any street, way or road in violation of any provisions of this chapter. The fact that a vehicle is unlawfully parked shall be prima facie evidence of the unlawful parking of such vehicle by the person in whose name such vehicle is registered.
Authority to install traffic control devices. The Chief of Police or his or her designee at the direction of, or with the approval of, the Town Council and with the assistance of the Public Services Department, shall place and maintain official traffic control devices when and as required under the traffic ordinances of this municipality to make effective the provisions of said ordinances and shall recommend to the Town Council such additional official traffic control devices as he may deem necessary to regulate, warn, or guide traffic under the traffic ordinances of this municipality or the State Vehicle Code. The installation of traffic control devices on state aid and state highways shall be subject to and the responsibility of the Maine Department of Transportation.
Specifications for traffic control devices. All traffic control signs, signals and devices shall conform to specifications approved by the Maine Department of Transportation. All signs and signals required hereunder for a particular purpose shall so far as practicable be uniform as to type and location throughout the municipality. All traffic control devices so erected and not inconsistent with the provisions of state law or this chapter shall be official traffic control devices.
Obedience to official traffic control devices. The driver of any vehicle shall obey the instructions of any official traffic control device applicable thereto placed in accordance with the provisions of this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle.
When official traffic control devices required for enforcement purposes.
No provision of this chapter for which official traffic control devices are required shall be enforced against an alleged violator if at the time and place of the alleged violation an official device is not in proper position and sufficiently legible to be seen by an ordinarily observant person.
Whenever a particular section does not state that official traffic control devices are required, such section shall be effective even though no devices are erected or in place.
Presumption of legality. Whenever official traffic control devices are placed in position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence.
When temporary traffic control devices are necessary. The police or other authorized persons are hereby authorized to place temporary no-parking signs, detour signs, and to route traffic by personal direction of a police officer in the Town of Cumberland in circumstances of emergency or congestion such as, but not limited to, fires, funerals, church services, parades, sporting events, and also where the traffic generated by private business locations requires such directional control for public safety or convenience during a fire, accident, emergency or special event. A police officer may temporarily close a way to vehicular traffic or to vehicles of a certain description or divert pedestrian or vehicular traffic.
The Chief of Police or his or her designee to recommend crosswalks and establish safety zones.
The Chief of Police or his or her designee is hereby charged with the responsibility of:
Submitting recommendations to the Town Council which will enable the Council to designate, and the Public Services Department to maintain, appropriate devices, marks, or lines upon the surface of the roadway, crosswalks at intersections where there is particular danger to pedestrians crossing the roadway, and at such other places as may be deemed necessary; and
Establishing safety zones of such kind and character and at such places as may be deemed necessary for the protection of pedestrians.
On state aid and state highways, the recommendations of the Chief of Police or his or her designee and authority of the Town Council are subject to approval by the Maine Department of Transportation.
Traffic lanes. The Chief of Police or his or her designee is hereby authorized, with the approval of the Road Commissioner and cooperation of the Public Services Department, to designate traffic lanes upon the roadway of any street or highway where a regular alignment of traffic is necessary. On state aid and state highways, the authority of the Chief of Police or his or her designee is subject to Maine Department of Transportation approval.
State speed laws applicable. The state traffic laws regulating the speed of vehicles shall be applicable upon all streets within this municipality.
Regulation of speed by traffic signals. The Chief of Police or his or her designee is authorized, subject to approval by the Town Council, the Maine Department of Transportation, and state police, to regulate the timing of traffic signals so as to permit the movement of traffic in an orderly and safe manner at speeds slightly at variance from the speeds otherwise applicable within the Town or at intersections and shall erect appropriate signs giving notice thereof.
Authority to place devices altering normal course for turn. The Chief of Police or his or her designee is authorized, subject to the approval of the Town Council, to place or have placed official traffic control devices within or adjacent to intersections indicating the course to be traveled by vehicles turning at such intersections, and such course to be traveled as so indicated may conform to or be other than as prescribed by law. On state aid and state highways, the authority of the Police Chief is also subject to approval of the Maine Department of Transportation.
Authority to place restricted turn signs. The Chief of Police or his or her designee is to recommend to the Town Council those intersections at which drivers of vehicles shall not make a right, left or U-turn and shall, upon affirmative vote of the Council, with the cooperation of the Public Services Department, place proper signs at such intersections. The making of such turns may be prohibited between certain hours of any day and permitted at other hours, in which event the same shall be plainly indicated on the signs, or the signs may be removed when such turns are permitted. On state aid and state highways, the recommendations of the Police Chief and the authority of the Town Council are subject to approval of the Maine Department of Transportation.
Signs required at through streets. Whenever this chapter designates and describes a through street, it shall be the duty of the Chief of Police or his or her designee, with the cooperation of the Public Services Department, to place and maintain a stop sign or, on the basis of an engineering and traffic investigation at any intersection, a yield sign on each and every street intersecting such through street unless traffic at any such intersection is controlled at all times by traffic control signals; provided, however, that at the intersection of two such through streets or at the intersection of a through street and a heavy traffic street not so designated, stop signs shall be erected at the approaches of either of said streets, as may be recommended to and voted by the Town Council, by the Chief of Police or his or her designee upon the basis of an engineering and traffic study.
Other intersections where stop or yield required. The Chief of Police or his or her designee is to designate intersections where a particular hazard exists upon other than through streets and to determine and recommend to the Town Council:
Whether vehicles shall stop at one or more entrances to any such intersection, in which event, upon vote of the Town Council, he or she shall cause to be erected a stop sign at every such place where a stop is required.
Whether vehicles shall yield the right-of-way to vehicles on a different street at such intersection, in which event upon vote of the Town Council he shall cause to be erected a yield sign at every place where obedience is required.
State approval. On state aid and state highways, the designation of through streets and the installation of stop and yield signs are subject to Maine Department of Transportation approval.
Angle parking shall not be indicated or permitted at any places within the streets, roads, or highways of the Town of Cumberland.
No person shall allow, permit or suffer any vehicle registered in his/her name to stand or be parked on any street other than parallel with the edge of the roadway, headed in the direction of lawful traffic movement and within 12 inches of the curb or edge of the roadway.
Any person may back a vehicle to, but not onto, a curb or sidewalk if there is no curb for the purpose of loading or unloading merchandise or materials for a period not in excess of 30 minutes. No person shall so back a vehicle to a curb for a period in excess of 30 minutes unless specifically authorized by a police officer.
Parking not to obstruct traffic. No person shall park any vehicle upon a street in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic.
Parking adjacent to schools.
The Chief of Police or his or her designee is hereby authorized, upon vote of the Town Council, to cause the installation of signs indicating "No Parking" upon either or both sides of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation.
When official signs are erected indicating no parking upon either side of a street adjacent to any school property as authorized herein, no person shall park a vehicle in any such designated place.
Parking prohibited on narrow streets.
The Chief of Police or his or her designee is hereby authorized, upon vote of the Town Council, to cause the installation of signs indicating "No Parking" upon any street when the width of the roadway does not exceed 20 feet, or upon one side of a street as indicated by such signs when the width of the roadway does not exceed 30 feet.
When official signs prohibiting parking are erected upon narrow streets as authorized herein, no person shall park a vehicle upon any such street in violation of any such sign.
No stopping, standing or parking near hazardous or congested places.
The Chief of Police or his or her designee is to determine and recommend to the Town Council for its designation places not exceeding 100 feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic. The Chief of Police or his or her designee shall cause the installation of proper signs in such locations.
When official signs are erected at hazardous or congested places as authorized herein, no person shall stop, stand or park a vehicle in any such designated place.
Motor vehicles in designated places. No person shall operate or park any motor vehicle of any type or description on municipal property (excluding public roads) other than designated parking areas in municipal parking lots or driveways. No person shall operate a motor vehicle outside of said designated areas. The use of authorized golf carts and snowmobiles at the municipal recreation center shall be exempt from this provision.
No person shall stop, stand or park a vehicle in any of the following places, nor shall any person move a vehicle not owned by that person into any of such places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, other authorized person or traffic-control device:
Within 10 feet of a fire hydrant, except for emergency responders;
Within any fire lane designated or approved by the Fire Department, or in such a manner as to impede access to a fire lane by emergency responders;
On a sidewalk;
Obstructing a public or private driveway or private road;
Within an intersection;
On a crosswalk;
Within 10 feet of the near corner of the curbs of an intersection;
Within 30 feet upon the approach to any flashing beacon, stop sign, or traffic control signal located unless otherwise indicated by signs or pavement markings;
Between a safety zone and the adjacent curb;
Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic;
On the roadway side of any vehicle stopped or parked at the edge or curb of the street, also known as "double parked";
Upon any bridge or other elevated structure upon a highway;
At any place where official signs prohibit stopping, standing or parking;
Within 500 feet from the scene of a fire, vehicular accident or any other emergency situation designated by authorized persons;
Along or within any bikeway or in any specially designated safety zone specifically regulated by Council resolution for a specific purpose, including but not limited to, foot paths, jogging trails and ways created for recreational use;
Within 50 feet of the nearest rail of a railroad crossing;
On the left side of any street, way or road so that it is facing oncoming traffic;
Over or upon parking place divider lines so as to occupy two or more parking spaces;
In any street or Town-owned lot so as to prevent or obstruct the passing of other vehicles.
Application. The provisions of this section prohibiting the parking of a vehicle shall apply at all times or at those times herein specified or as indicated on official signs except when it is necessary to stop a vehicle to avoid conflict with other traffic or to comply with the directions of a police officer or traffic control devices.
Regulations not exclusive. The provisions of this section imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping or parking of vehicles in specified places or at specified times.
Parking prohibited during certain hours on certain streets. When signs are erected giving notice thereof, no person shall park a vehicle between the hours specified in Schedule A of any day except Sundays and public holidays within or upon any of the streets described in said Schedule A attached to and made a part of this chapter.
Editor's Note: Schedule A is under development.
Parking signs required. When signs are erected giving notice thereof, no person shall park a vehicle for longer than two hours at any time between the hours of 7:00 a.m. and 7:00 p.m. of any day except Sundays and public holidays within the Town or upon any of the streets described in Schedule A attached to and made a part of this chapter.
Editor's Note: Schedule A is under development.
Parking signs required. Whenever by this chapter or any other ordinances of this municipality any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the Chief of Police or his or her designee with the cooperation of the Public Services Department, to erect appropriate signs giving notice thereof, and no such regulation shall be effective unless said signs are erected and in place at the time of any alleged offense.
Parking when interfering with or hindering the removal of snow. No vehicle shall be parked at any time on a public way to interfere with snowplowing or snow removal. No vehicle shall be parked on any street in the Town of Cumberland between the hours of 12:00 midnight and 7:00 a.m. from November 15 through April 1. This regulation shall not apply to physicians or to emergency and professional calls. In the event of inclement weather, the Chief of Police or Public Services Director, or their designees, may institute a parking ban upon any street, way or road and shall provide for temporary public notice and announcement by means such as social media, e-mail, and Internet postings of such temporary ban. The police may cause any vehicle so parked on any street, way or road to be removed.
Load restrictions upon vehicles using certain highways. When signs are erected giving notice thereof, no person shall operate any vehicle with a registered weight in excess of the amounts specified in Schedule B at any time upon any of the streets or parts of streets described in said Schedule B, attached to and made a part of this chapter.
Commercial vehicles prohibited from using certain streets. When signs are erected giving notice thereof, no person shall operate any commercial vehicle exceeding 18,000 pounds registered weight at any time upon any of the streets or parts of streets described in Schedule B attached to and made a part of this chapter, except that such vehicles may be operated thereon for the purpose of delivering or picking up materials or merchandise and then only by entering such street at the intersection nearest the destination of the vehicle and proceeding thereon no farther than the nearest intersection thereafter.
Editor's Note: Schedule B is under development.
Size restrictions upon vehicles using certain highways.
It is hereby determined upon the basis of an engineering and traffic investigation that the size permitted by state law is greater than physical conditions will allow upon the streets or parts of streets described in Schedule B, attached to and made a part of this chapter.
Editor's Note: Schedule B is under development.
When signs are so erected giving notice thereof, no person shall disobey the restrictions stated on such signs.
State approval. On state aid and state highways, the installation of signs is subject to Maine Department of Transportation approval.
Obstructing traffic. Whoever places rocks, stones, snow, ice or other obstruction in such a manner as to obstruct traffic on a street, way or road and leaves it there shall be fined in accordance with § 282-13 of this chapter.
Disability parking restrictions. No person shall park a vehicle in a parking space designated and clearly marked for persons with physical disabilities unless such vehicle displays a special registration plate or placard issued pursuant to Title 29-A, Section 521, or a similar plate or placard issued by another state. No person shall park a vehicle in an access aisle adjacent to a parking space clearly marked for persons with physical disabilities, regardless of whether the vehicle displays a special registration plate or placard. The Chief of Police or his or her designee may enter into agreements with owners of private off-street parking to provide for the policing of parking spaces reserved by such owners for use by disabled persons. Such spaces shall be clearly marked, and their number and location shall be recorded in a disability parking schedule maintained in Police Department files.
Any vehicle of any kind or description parked upon a street, way or road at a place, in a manner, or for a length of time prohibited by ordinance of the Town of Cumberland is hereby declared to be an obstruction in such street, way or road and a menace to the safe and proper regulation of traffic.
Any vehicle parked in any specially designated disability parking space or fire lane is also hereby declared to be an obstruction and a menace to the safe and proper regulation of traffic.
Authority to remove or immobilize. Any vehicle left parked or standing in any manner prohibited by ordinance may be removed by or under the direction of, or at the request of, the Chief of Police or any police officer of the Town to a garage or storage place. Such police officer may use such force as may be necessary to enter such vehicle and cause the same to be placed in a condition to be moved, and may employ any reputable person engaged in the business of towing or storing vehicles for such purpose. Notwithstanding any language herein contained, the removal and storage of a vehicle pursuant to this chapter, and the payment of the charges specified herein, shall in no way relieve or prevent the issuance of a ticket for the violation of any provision of this chapter.
Notice to owner. The Police Department shall make a reasonable effort to notify as promptly as possible the owner of any such vehicle of its removal from the streets, ways or roads, as soon as possible by a written notice that such vehicle has been impounded. The notice shall be sent by the Chief of Police or his or her designee to the owner at his/her last known address as shown by the records of the Secretary of State.
Release of vehicle. Before the owner of such vehicle, or his/her representative, may remove it from the possession of the person towing or storing it, he/she shall:
Furnish satisfactory evidence of his/her identity and of his/her ownership of said vehicle to the Chief of Police or his or her designee and to the person having possession of said vehicle;
Pay, or arrange to pay, to the person having possession of said vehicle reasonable towing and storage charges.
The Town assumes no responsibility for damages resulting from the towing of any vehicle under this section.
Penalties. Unless another penalty is expressly provided in Chapter 84, Fines and Fees, every person who commits a violation of any provision of this chapter shall be punished by a fine of $50 for a first offense and $100 for subsequent offenses.
Any vehicle found in violation of any provision of this chapter, when the registered owner has three or more unpaid parking tickets for any vehicle registered in his or her name, may be towed or impounded with the use of an immobilization device.
The registered owner of any vehicle in violation shall be responsible for full payment of any outstanding parking tickets prior to said vehicle being released from immobilization or released from the custody of the towing company.
Application. The provisions of this chapter relating to the operation of vehicles refer exclusively to the operation of vehicles upon highways, except where a different place is specifically referred to in a given section.
Uniformity of interpretation. This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those local authorities which enact it.
Effect of headings. Section and subsection headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any section or subsection hereof.
Short title. This chapter may be known and cited as the "Cumberland Traffic Ordinance."
Chapter not retroactive. This chapter shall not have a retroactive effect and shall not apply to any traffic accident, to any cause of action arising out of a traffic accident or judgment arising therefrom, or to any violation of the motor vehicle ordinances of this Town occurring prior to the effective date of this chapter.
Publication. The Town Clerk shall certify to the passage of this chapter and cause notice of such passage to be published, together with notice of the availability of this chapter at the Cumberland Town Hall.