[Added 3-20-2018 by Ord.
No. 2018.17]
[Added 3-20-2018 by Ord.
No. 2018.17]
As used in this chapter, unless the context otherwise indicates,
the following terms shall have the following meanings.
May include, but are not limited to:
Any business which sells edible goods from a nonstationary
location within the City. The terms shall include, but not be limited
to:
A collection of mobile food vendors in a common outdoor plaza or site providing a common area for self-serve dining. Mobile food vendor courts are also subject to § 56 (Restaurants) of the Zoning Ordinance and Planning Board Site Plan Review.
[Added 10-19-2021 by Ord. No. 2021.102]
Edible goods that are not required to be kept at a temperature
below 41° F.
[Added 3-20-2018 by Ord.
No. 2018.17]
(a)
Permit.
Every mobile food vendor shall have a permit issued by the City to
conduct business in the City.
(b)
Application.
Every mobile food vendor shall apply for a permit on a form promulgated
by the City. Each vending unit requires a separate permit. Applications
for permits meeting the requirements for mobile vendors shall be processed
within 10 business days.
(c)
Mobile
food vendor application form. A complete application shall require
the following information from the applicant to be considered:
(1)
Name
of applicant, as well as physical street address, mailing address,
telephone number(s), and e-mail address.
(2)
Legal
name of business or entity.
(3)
Signed
permission form, or provide notarized affidavit from the private property
owner granting permission for unit placement.
(4)
Name,
phone number and driver's license number of business owner and all
employees operating within the mobile food vendor unit.
(5)
Proposed
itinerary with route, vending locations and times.
(6)
Contact
name and phone number for mobile food vending unit while in route.
(7)
Description
of product being sold.
(8)
Site
plan where the mobile food vending unit will be located on the property.
(9)
Valid
and current vehicle/trailer registration of mobile food unit.
[Added 3-20-2018 by Ord.
No. 2018.17]
(a)
The
application fee for a mobile food vendor permit shall be $200. Each
mobile food vendor unit shall be permitted separately.
(b)
Mobile
food vendor permits shall expire on December 31 of each year.
(c)
Mobile
food vendors shall provide, at their expense, and keep in force during
the term of their contract, with a responsible insurance company or
companies authorized to do business in the state, commercial general
liability insurance in the amount of at least $1,000,000. The mobile
food vendor shall deliver certificates of such insurance to the City
at the time of application.
(d)
Mobile
food vendors shall provide proof of a State of Maine health certificate
at the time of application.
(e)
Upon
renewal the applicant shall pay the renewal fee of $200 and update
any changes in the permitting documentation upon permit renewal. The
applicant must submit the application and the renewal fee within 30
days before expiration of the permit or must reapply as a new applicant.
(f)
The
City Manager is authorized to make reasonable rules and regulations,
not inconsistent with this section, governing the design, construction
and location of pushcarts or food trucks.
(g)
Display
of permit. Every permit, including those from the City, shall be displayed
at all times in a conspicuous place where they can be read by the
general public on the mobile food vendor's truck or concession trailer.
[Added 3-20-2018 by Ord.
No. 2018.17]
A permit may be denied where:
[Added 3-20-2018 by Ord.
No. 2018.17]
(a)
Distance
regulations:
(1)
No mobile food vendor shall conduct business within any single-family
residential or agricultural zoning district unless otherwise approved
in writing by the Code Enforcement Officer.
(2)
A mobile food vendor may not be located within 100 feet of the primary
entrance of an open and operating fixed-location food service or eating
establishment; or within 40 feet from another mobile food vendor,
except in the following:
[Amended 10-19-2021 by Ord. No. 2021.102[1]]
a.
During City-sponsored or other community events; or
[1]
Editor's Note: This ordinance also repealed former Subsection
(a)(3), prohibiting a mobile food vendor from being located within
40 feet from another mobile food vendor, which immediately followed.
(b)
A
mobile food vendor, except when located in a mobile food vendor court,
shall not conduct sales at a stationary location:
[Amended 10-19-2021 by Ord. No. 2021.102]
(1)
For a duration exceeding 60 minutes on any public street or public
streets adjacent to public parks and recreational facilities, next
to fire lanes and no-parking designated areas. Mobile vendors parking
on public streets may not move to a new location without prior approval
from the City.
(2)
In congested areas where the operation impedes vehicular or pedestrian
traffic.
(3)
Between the hours of 1:00 a.m. and 6:00 a.m.
(c)
Offenses
and regulations.
(1)
It shall be unlawful for any individual as the agent or employee
of another regulated under this section to sell edible goods in the
City unless its principal or employer has received a permit under
this section.
(2)
A permit issued under this section is not transferable.
(3)
It shall be unlawful for an individual to sell edible goods while
displaying a valid permit issued by the City in the name of another
individual, organization, or entity.
(4)
It shall be unlawful for any individual, directly or through an agent
or employee, to sell goods within the corporate limits of the City
after the expiration of the permit issued by the City under this section.
(5)
It shall be unlawful for an individual, directly or through an agent
or employee, to misrepresent on the permit affidavit any acts that
are regulated under this section.
(6)
It shall be unlawful for any individual, directly or through his
agents or employees, to represent that the issuance of a permit by
the City constitutes the City's endorsement or approval of the product
for sale.
[Added 3-20-2018 by Ord.
No. 2018.17]
The following regulations shall apply to mobile food vendors:
(1)
Each
unit shall be equipped with a portable trash receptacle and shall
be responsible for proper disposal of solid waste and wastewater in
the sanitation facility legally accessed by the food service establishment.
All disturbed areas must be cleaned following each stop to a minimum
20 feet of the sales location.
(2)
Mobile
food vendors may not have a drive-through.
(3)
Continuous
music or repetitive sounds shall not project from the mobile unit.
(4)
A
five-foot clear space shall be maintained around the mobile food vending
unit.
(5)
All
mobile units shall have a gray water holding tank.
(6)
The
mobile unit will be subject to inspection upon permit application
through the Code Enforcement Department, the Health Department and
the Fire Department, and may be subject to random inspection and upon
reissuance of the permit.
(7)
No
sales are allowed within public park facilities while park concession
units are operating. Mobile units operating in public parks and on
streets adjacent to public parks or recreational facilities require
approval by the City's Recreation Director.
[Ord. of 4-21-1998(4); Ord. No.
2003.114, 11-18-2003; amended 9-1-2009 by Ord. No. 2009.42]
Places of assembly for the purpose of entertainment must obtain a license from the City in accordance with these provisions. The preparation of food for sale to the public on premises will require a separate victualers license under the provisions of Section 22-27.
(1)
Concerts, exhibitions, playhouses, plays, circuses, carnivals, indoor
skating rinks, theaters/moving-picture houses, billiard rooms. A person,
firm or corporation operating, or sponsoring, a concert, exhibition,
playhouse, play, circus, carnival or indoor skating rink on a scheduled
regular basis will obtain a license from the City Clerk's office.
(2)
Bottle clubs.
a.
License. No person shall keep, maintain, operate, lease, or otherwise
furnish, either to its members and guests or to the general public,
any premises, building, or place for use as a bottle club without
first having obtained a license and paying the fee therefor. A separate
license must be obtained for each branch or separate establishment
of a bottle club. Each license shall authorize the operation of such
establishment only at the location described in such license and in
conformity with all applicable ordinances and law. No license shall
be transferred to another person or to any other location, except
that a licensed bottle club may change its name upon approval of the
City Council if its location remains the same. Every bottle club shall
exhibit its license at all times in a conspicuous place on its premises.
b.
Application.
1.
Every applicant for a bottle club license shall:
[a]
Complete and file an application on a form prescribed by the
City Clerk;
[b]
Deposit the prescribed license fee with the City Clerk;
[c]
Submit the completed application to the City Clerk, together
with attested copies of the articles of incorporation and bylaws,
if the applicant is a corporation, or articles of association and
bylaws if the applicant is an association, as well as a list of all
officers of the bottle club;
[d]
File an affidavit which will identify all officers and their
places of residency at the present time and for the immediately preceding
three years.
2.
Submission of false information in an application for a license is
a violation of this article and such act shall be grounds for the
denial of the application.
c.
Fees. Notwithstanding any other provisions of this chapter, a bona fide nonprofit, charitable, educational, political, civic, recreational, fraternal, patriotic or religious organization is not subject to Section 22-11 of this article pertaining to fees.
d.
Qualification of officers. All officers of a bottle club shall meet the following qualifications: Never have been convicted of a Class A, B or C crime nor of violating any of the gambling or prohibitive liquor laws either of the United States or of Maine or any other state, within five years immediately preceding the date of application. Each such officer shall file the release authorized by 16 M.R.S.A. § 620(6) Subsection 6, Criminal History Record Information Act, with the application. Failure to provide such a release shall be grounds for denial of the application.
e.
Description of the premises. Every applicant for a bottle club license
shall include in the application a description of the premises for
which a license is desired and shall set forth such other material
information, description, or plan of that part of the premises where
it is proposed to consume or keep liquor.
f.
Articles and bylaws. Applicants for bottle club licenses shall possess
written articles of incorporation or association and bylaws. The articles
or bylaws shall provide for regular election of officers or directors.
Membership shall be regulated by such articles or bylaws.
g.
Inspections of premises.
1.
The Code Enforcement Officer shall verify that the premises of the
proposed bottle club comply with the applicable ordinances of the
City, including, but not by way of limitation, the Building Code,
Electrical Code, Plumbing Code, and Zoning Ordinance, and shall report
his findings in writing to the City Clerk.
2.
The Fire Chief shall cause an inspection to be made of the proposed
location of the bottle club for the purpose of determining if City
ordinances concerning fire and safety have been complied with. He
shall submit a report of his findings in writing to the City Clerk.
h.
Notice of hearing.
1.
After receipt of the written reports required by Section 22-22(2)g, the City Clerk shall give notice of the public hearings on applications for bottle clubs in the form and manner and to the persons specified in this section. The notice shall include the time and place of such hearing, the nature of the matter to be heard, and the address or location of the property involved. Where notice by mail is required, it shall be mailed at least seven days in advance of the hearing date by regular United States mail.
2.
Notices for hearings under this section may be given by publication
in a newspaper of general circulation in the City at the applicant's
prepaid expense at least three consecutive days before the date of
hearing in a daily newspaper. Notice to the owners of all the property
within 500 feet of such parcel or tract shall be by mail.
3.
For the purpose of this section the "owners of property" shall be
considered to be the parties listed by the Tax Collector of the City
as those against whom taxes are assessed. Failure of any property
owner to receive a notice of public hearing shall not necessitate
another hearing and shall not invalidate any action of the municipal
officers.
i.
Proximity to schools and churches. No new bottle club license shall
be granted under this article to premises located within 300 feet
of any school, church or area designated primarily for use by minors.
j.
Permitted. No person under the age of 21 years is permitted in or
on that part of the premises subject to the control of a bottle club
where persons are permitted to drink alcoholic beverages; except that
persons under the age 21 years may be permitted admittance to the
bottle club for the purpose of employment or when the person under
21 years of age is accompanied by a parent or legal guardian.
k.
Hours. The premises used as a bottle club shall be closed and vacated
by members and guests each day from 1:00 a.m. to 6:00 a.m., except
that on January 1 the premises may remain open until 2:00 a.m. During
the hours that a bottle club must remain closed, no members, guests
or other persons, other than regular employees, may be on or remain
therein, and the use by anyone of the premises or facilities of the
bottle club for the drinking of alcoholic beverages during such hours
when a bottle club must remain closed is prohibited.
l.
Entrance to be marked. The entrance to any bottle club shall be plainly
marked "Bottle Club, Members and Guests Only."
m.
Illegal activities. No license under this article shall knowingly
permit any illegal activities to take place on the licensed premises.
n.
Right of inspection. The applicant or licensee, his agents and employees
shall allow access to the bottle club by the Code Enforcement Officer
or his or her designated assistants or agents for the purposes of
inspecting the premises and ensuring that no violation of this article
or any law is taking place.
o.
Suspension or revocation of license. A license to operate a bottle
club, as provided for by this article, may be denied, suspended or
revoked by the municipal officers for either violation of or failure
to comply with any of the provisions of this article. Determination
of the severity of the violation and whether or not a denial, suspension
or revocation is warranted shall be made by the municipal officers,
after notice and hearing.
p.
Appeals. An appeal from any final decision of the municipal officers
may be taken by the applicant to the State Liquor Commission pursuant
to 28-A M.R.S.A. § 161-B(5) or to the superior court in
accordance with the provisions of Rule 80B of the Maine Rules of Civil
Procedure.
(3)
Sport shooting ranges. A person or firm operating a facility, open
to the public, used principally or primarily for archery, skeet and/or
trap shooting, other shooting sports, shooting of rifles, shotguns
and pistols or other projectiles, must obtain a license under the
provisions of this chapter.
a.
A request for a license under this section will be conditioned on
the satisfactory inspection of the facility by the City Inspections
Department and the Fire Department to insure structural safety issues,
and Police Department in regards to range clearance and other safety
factors associated with firearms or other projectile hurtling devices.
b.
The City Clerk may withhold a permit under the following conditions:
1.
The structure or facility is found to be unsatisfactory. (See appropriate
section in Firearms Ordinance).
2.
There is inadequate parking.
3.
The noise level of the facility will adversely affect the surrounding
area.
4.
Other issues raised to the City Clerk and determined to be adverse
to the public health or safety or welfare.
(4)
Bowling lanes. A person or persons operating a facility principally
or primarily for bowling, to include candle pin, must obtain a license
under the provisions of this chapter.
a.
A request for a license under this section will be conditioned on
the satisfactory inspection of the facility by the City Inspections
Department and the Fire Department to insure structural safety issues.
(5)
Air shows. A person, firm or corporation operating or sponsoring
an air show, aeronautical display or exhibition will obtain a license
from the City Clerk's office.
a.
A request for a license under this section will be conditioned on
the satisfactory inspection of the facility by all appropriate departments
including the Airport Manager to ensure structural and operational
safety issues.
c.
The City Clerk may withhold a permit under the following conditions:
1.
The location where the event is to be held is found to be unsatisfactory;
2.
There is inadequate parking; or
3.
The event will adversely infringe on the use of municipal airport
facilities.
4.
Other issues raised to the City Clerk and determined to be adverse
to the public health or safety or welfare.
d.
The operator will be responsible for all security and cleanup associated
with the event.
[Ord. of 4-21-1998(4); Ord. No.
2003.131, 12-16-2003; amended 9-1-2009 by Ord. No. 2009.42; 4-19-2011 by Ord. No.
2011.14]
(a)
Automobile service/repair garages.
(1)
Purpose. The City of Biddeford has identified that to further
the City's goal to protect the health, safety and welfare of the citizens
of the City, certain uses should be licensed by the City of Biddeford.
(2)
AUTOMOTIVE SERVICE/REPAIR GARAGE
Definitions. As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.
A business establishment engaged in general repair, engine
rebuilding, and/or parts replacement. Automotive repair shall not
mean "automotive body shop," nor the sale of gasoline, other motor
fuels or motor oil.
(3)
License required.
a.
Each person owning and/or operating an automobile service/repair garage for the general public shall annually obtain a license to conduct such business from the City Clerk and pay the fee prescribed in Section 22-11.
b.
The City Clerk may issue a license for a facility only after
the facility has been inspected by all appropriate departments and
all other required approvals have been obtained.
c.
Licenses under this section may not be issued/renewed, and may
be voided by the municipal officers if there are other issues raised
to the municipal officers and determined to be adverse to the public
health or safety or welfare that cannot otherwise be mitigated in
a reasonable amount of time as determined by the municipal officers.
(b)
Automobile graveyards, automobile recycling businesses, and junkyards.
(1)
Purpose.
a.
The City of Biddeford recognizes that a need exists for the
safe operation and maintenance of junkyards and so-called "auto graveyards."
Such operations have had and continue to have the potential to encroach
upon highways. These operations have become a nuisance and a menace
to safe travel on public ways, often distracting the attention of
drivers of motor vehicles because it appears cars are parked on the
highway or that an accident has occurred. It is declared that such
operations are a nuisance and are properly subject to regulation and
control.
b.
It is recognized that recycling of automobiles is a business
enterprise that, when conducted in accordance with certain standards,
differs from the enterprise of an automobile graveyard and that adoption
of uniform state standards for this type of business enterprise would
assist in development and regulation of that business.
c.
Automobile graveyards, automobile recycling businesses, and
junkyards pose potential risks to the environment, particularly to
groundwater and surface water quality if gasoline, oil or other fluids
are not managed and disposed of properly. Proper location and operation
of these facilities are critical to ensure protection of groundwater
and surface water quality, other natural resources and the health
and welfare of Maine citizens. These facilities may create nuisance
conditions potentially affecting abutting landowners and others if
not located and operated properly. For these reasons, it is declared
that these facilities are appropriately subject to certain environmental
and operational standards and to appropriate municipal and state regulation.
(2)
AUTOMOBILE GRAVEYARD
a.
b.
1.
2.
3.
4.
5.
6.
7.
8.
AUTOMOBILE RECYCLING BUSINESS
a.
b.
1.
2.
3.
4.
HIGHWAY
INTERSTATE SYSTEM
JUNKYARD
a.
b.
c.
LOCAL ARTERIALS
LOCAL COLLECTORS
PRIMARY SYSTEM
PUBLIC WAY
Definitions. As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.
"Automobile graveyard" does not include:
An area used for temporary storage of vehicles or vehicle parts
by an establishment or place of business that is primarily engaged
in doing vehicle repair work to make repairs to render a motor vehicle
serviceable. In order for a vehicle's storage to be considered temporary,
it must be removed from the site within 180 calendar days of its receipt;
An area used by an automobile hobbyist to store, organize, restore, or display antique autos, antique motorcycles, classic vehicles, horseless carriages, reconstructed vehicles, street rods or parts of these vehicles as these vehicles are defined in 29-A M.R.S.A. § 101 as long as the hobbyist's activities comply with all applicable federal and state statutes and rules and municipal ordinances, other than ordinances that are more restrictive than this subsection regarding the storage of vehicles or vehicle parts that are collected by a hobbyist. For the purposes of the subparagraph, an "automobile hobbyist" is a person who is not primarily engaged in the business of selling any of those vehicles or parts from those vehicles;
An area used for the parking or storage of vehicles, vehicle
parts or equipment intended for use by a municipality, quasi-municipality
entity or state or federal agency;
An area used for the storage of operational farm tractors and
related farm equipment, log skidders, logging tractors or other vehicles
exempted from registration under 29-A M.R.S.A. Chapter 5;
An area used for the parking or storage of vehicles or equipment
being offered for sale by a dealer, equipment dealer, trailer dealer
or vehicle auction business as defined in 29-A M.R.S.A. § 851;
An area used for the storage of vehicles by an establishment
or place of business that is primarily engaged in business as a new
vehicle dealer as defined in 29-A M.R.S.A. § 851;
An area used for temporary storage of vehicles by an establishment
or place of business that is primarily engaged in business as an insurance
salvage pool. In order for a vehicle's storage to be considered temporary
under this subparagraph, the vehicle must be removed from the site
within 180 calendar days of receipt of title by the business; or
An area used for the parking or storage of operational commercial motor vehicles, special equipment or special mobile equipment as defined in 29-A M.R.S.A. § 101 that is temporarily out of service but is expected to be used by the vehicle or equipment owner or by an operator designated by the owner. This subsection does not exempt an area used for the parking or storage of equipment or vehicles that are not operational while stored or parked in the area.
The business premises of a dealer or a recycler licensed under
29-A M.R.S.A. §§ 851 to 1112 who purchases or acquires
salvage vehicles for the purpose of reselling the vehicles for the
purpose of resale or for selling the basic materials in the salvage
vehicles, as long as 80% of the business premises specified is used
for automobile recycling operations.
"Automobile recycling business" does not include:
Financial institutions as defined in 9-B M.R.S.A. § 131,
Subsections 17 and 17-A;
Insurance companies licensed to do business in the state;
New vehicle dealers, as defined in 29-A M.R.S.A. § 851,
licensed to do business in the state; or
That portion of the business premises that is used for temporary
storage of vehicles by an establishment or place of business that
is primarily engaged in business as an insurance salvage pool. In
order for a vehicle's storage to be considered temporary under this
subparagraph, the vehicle must be removed from the site within 180
days of receipt of title by the business.
Any public way.
Those portions of the Maine Turnpike and the state highway
system incorporated in the National System of Interstate and Defense
Highways, as officially designated by the Department of Transportation.
A yard, field or other outside area used to store, dismantle,
or otherwise handle:
Discarded, worn-out or junked plumbing, heating supplies, electronic
or industrial equipment, household appliances or furniture;
Discarded, scrap and junked lumber; and
Old or scrap copper, brass, rope, rags, batteries, paper trash,
rubber debris, waste and all scrap iron, steel, other scrap ferrous
or nonferrous material.
A major roadway serving long-distance traffic through and
between municipalities and carrying traffic to major centers of activity
or critical locations within the City (roads having an annual average
daily traffic in excess of 2,000 vehicles per day, or critical facilities
reside on this road as defined by the Public Works Director).
A principal roadway which conveys traffic between arterial
streets. (Roads having an annual average daily traffic between 250
and 2,000 vehicles per day.)
That portion of the state highway system which the Department
of Transportation has by official designation incorporated into the
Federal-Aid Primary System.
Any way owned and/or maintained by the state, county or a
municipality, over which the general public has right to pass.
(3)
Permit required. No person, corporation or entity may establish,
operate or maintain an automobile graveyard, automobile recycling
business or junkyard without first obtaining a nontransferable permit
from the municipal officers. Permits issued to an automobile graveyard,
automobile recycling business, and junkyards under this section are
valid until the first day of January the following year. A person
operating a business that involves the recycling of automobiles may
operate under a permit for an automobile graveyard or a permit for
an automobile recycling business.
(4)
Hearings. The municipal officers shall hold a public hearing
before granting a new or renewal permit to establish, operate or maintain
an automobile graveyard, automobile recycling business, or junkyard.
The municipal officers shall require an applicant to provide proof
of mailing a notice of the application to all abutting property owners.
They shall post a notice of the hearing at least seven and not more
than 14 days before the hearing in at least two public places in the
municipality and publish a notice in one newspaper having general
circulation in the municipality in which the automobile graveyard,
automobile recycling business, or junkyard is to be located. The municipal
officers shall give written or electronic notice of the application
to the Department of the Secretary of State, Bureau of Motor Vehicles,
by mailing a copy of the application at least seven and not more than
30 days before the hearing. The municipal officers shall give written
notice of the application to a public water supplier if the application
is for an automobile graveyard, automobile recycling business, or
junkyard located within the supplier's source water supply area. The
notice may be given by mailing a copy of the application at least
seven and not more than 14 days before the hearing.
(5)
Limitations on new automobile graveyard, automobile recycling
business and junkyard permits. All new automobile graveyards, automobile
recycling businesses, and junkyards shall receive all required approvals,
including from the Planning Board, prior to being granted a permit
from the municipal officers. The Planning Board shall review all new
automobile graveyards, automobile recycling businesses, and junkyards
as conditional uses (Part III, Land Development Regulations, Article
VII, Conditional Uses), and no permit shall be granted by the municipal
officers prior to receiving written notice that the proposed new business
has been approved by the Planning Board and that it complies with
all of the applicable requirements in this section.
(6)
Rules. No permit may be granted for an automobile graveyard,
automobile recycling business or junkyard that does not comply with
the specific operating standards as defined in Subsection (8)c and/or
d below.
(7)
Setbacks for new automobile graveyards, automobile recycling
businesses and/or junkyard permits. All new automobile graveyards,
automobile recycling businesses, and junkyards shall comply with the
following requirements:
a.
State highways, local arterials and local collectors. All new
automobile graveyards, automobile recycling businesses and junkyards
operations shall be set back 1,000 feet of the right-of-way of any
highway incorporated in the interstate system, primary system, or
are local arterials and collectors or within 600 feet of the right-of-way
of any other public way, except for:
1.
Those automobile graveyards, automobile recycling businesses
or junkyards that are kept entirely screened to ordinary view from
any public way at all times by natural objects, plantings, fences,
or other screening:
2.
Those automobile graveyards or junkyards located within areas
that have been zoned for industrial use and located more than 600
feet but less than 1,000 feet from the right-of-way of any highway
incorporated in both the interstate system, primary system, or are
local arterials and collectors.
b.
Public facilities. No new business permits may be granted for
an automobile graveyard, automobile recycling business or junkyard
that is:
c.
Public and private water supplies.
1.
No permit may be granted for an automobile graveyard, automobile
recycling business, or junkyard that handles junk, scrap metal, vehicles,
or other solid waste within 300 feet of a well that serves as a public
or private water supply. This prohibition does not include a private
well that serves only the automobile graveyard, automobile recycling
business or junkyard or the owner's or operator's abutting residence.
This prohibition does not apply to wells installed after the effective
date of this subsection if the automobile graveyard, automobile recycling
business, or junkyard already has already received a permit.
2.
Automobile graveyards, automobile recycling businesses and junkyards
operating under the terms of permits issued prior to the effective
date of this subsection and handling junk, scrap metal, vehicles or
other solid waste within 300 feet of wells that serve as public or
private water supplies may continue to operate in those locations
under the terms of those permits. The municipal officers may renew
a permit allowing the continued handling of junk, scrap metal, vehicles
or other solid waste within 300 feet of a well serving as a public
or private water supply as long as no further encroachment toward
the well occurs. The municipal officers may not renew a permit if
there is substantial, credible evidence that the permitted activities
have caused contamination of the well.
(8)
Application requirements and operating standards.
a.
An application for an automobile graveyard, automobile recycling
business or junkyard permit must include the following information:
1.
The name and address of the property owner;
2.
The name and address of the person or entity who will operate
the site;
3.
A site plan, including:
[a]
Tax map, block and lot of the parcel;
[b]
The current zone designation;
[c]
Property boundary lines;
[d]
A description of the soils on the property;
[e]
The location of any sand and gravel aquifer recharge
areas;
[f]
The location of any residence or school within
500 feet of the property lines or on the property;
[g]
The location of any body of water within 200 feet
of the property lines or on the property;
[h]
The boundaries of the one-hundred-year floodplain,
if applicable; and
[i]
The location of all public ways within 1,000 feet
of the site.
4.
A permit application filed as an automobile recycling business
must also include:
b.
Standards for permit. The municipality may issue a permit to
an automobile graveyard, automobile recycling business, or junkyard
only if the site demonstrates that it meets the operation standards
set forth in Subsection (8)c and/or d.
c.
Operating standards for automobile graveyards and junkyards.
An automobile graveyard and junkyard must meet the following standards.
1.
All fluids, including, but not limited to, engine lubricant,
transmission fluid, brake fluid, power steering fluid, hydraulic fluid,
engine coolant, gasoline, diesel fuel and oil, must be properly handled
in such a manner that they do not leak, flow or discharge into or
onto the ground or into a body of water;
3.
Junk, scrap metal, vehicles or other solid wastes may not be
placed or deposited, directly or indirectly, into the inland waters
or tidal waters of the state or on the ice of inland waters or tidal
waters or on the banks of inland waters or tidal waters in such a
manner that they may fall or be washed into these waters;
4.
Junkyard and automobile graveyard owners must demonstrate at
the time of licensing that the facility or facilities for which they
seek permits are, or part of, a viable business entity and the facility
or facilities are actively engaged in the business of salvaging, recycling,
dismantling, processing, repairing or rebuilding junk or vehicles
for the purpose of sale or trade;
5.
A log must be maintained of all motor vehicles handled that
includes the date each vehicle was acquired, a copy of the vehicle's
title or bill of sale and the date or dates upon which all fluids,
refrigerant, batteries and mercury switches were removed;
6.
All fluids, refrigerant, batteries and mercury switches must
be removed from motor vehicles that lack engines or other parts that
render the vehicles incapable of being driven under their own motor
power or that are otherwise incapable of being driven under their
own motor power, appliances and other items within 180 days of acquisition.
Motor vehicles, appliances and other items acquired by and on the
premises of a junkyard or automobile graveyard prior to October 1,
2005, must have all fluids, refrigerant, batteries and mercury switches
removed by January 1, 2007. Fluids required to be removed under this
paragraph must be removed to the greatest extent practicable;
7.
Storage, recycling or disposal of all fluids, refrigerant, batteries
and mercury switches must comply with all applicable federal and state
laws, rules and regulations; and
8.
All fluids, refrigerant, batteries and mercury switches must
be removed from motor vehicles, appliances and other items before
crushing or shredding. Fluids required to be removed under this paragraph
must be removed to the greatest extent practicable.
d.
Operating standards for automobile recycling businesses. An
automobile recycling business must meet the following standards.
1.
The site of the yard must be enclosed by a visual screen that complies with the screening requirements of Part III, Land Development Regulations, Article VI, Performance Standards, § 7, Automobile graveyards, automobile recycling businesses, and junkyards.
2.
A vehicle containing fluids may not be stored within 100 feet of any body of water or freshwater wetland, as defined by 38 M.R.S.A. § 436-A, Subsection 5.
3.
A vehicle may not be dismantled or stored within 500 feet of
a school, church, cemetery or public playground or park that existed
on the date the permit was issued.
4.
A vehicle may not be dismantled or stored over a sand and gravel
aquifer or aquifer recharge area.
5.
A vehicle containing fluids may not be dismantled or stored
within the one-hundred-year floodplain.
6.
Except as provided in 30-A M.R.S.A. § 3754-A, Subsection 4, a vehicle may not be dismantled or stored within 300 feet of a well that serves as a public or private water supply, excluding a private well that serves only the automobile recycling business or the owner or operator's abutting residence.
7.
A vehicle may not be located or dismantled closer than 20 feet
from any lot line, unless the operator has notarized written permission
from the abutting property owner.
8.
Dismantling of a vehicle must be performed in accordance with
the following standards:
[a]
Batteries must be removed.
[b]
All fluids, including but not limited to engine
lubricant, transmission fluid, brake fluid, power steering fluid,
hydraulic fluid, engine coolant, gasoline, diesel fuel and oil, must
be drained into watertight, covered containers and must be recycled
or disposed of in accordance with applicable federal and state laws,
rules and regulations.
[c]
Fluids from a vehicle may not be permitted to flow
or be discharged into or onto the ground.
[d]
Storage, recycling or disposal of all fluids, refrigerant,
batteries and mercury switches must comply with all applicable federal
and state laws, rules and regulations.
[e]
A log must be maintained of all motor vehicles
handled that includes the date each vehicle was acquired, a copy of
the vehicle's title or bill of sale and the date or dates upon which
all fluids, refrigerant, batteries and mercury switches were removed.
[f]
All fluids, refrigerant, batteries and mercury
switches must be removed from motor vehicles that lack engines or
other parts that render the vehicles incapable of being driven under
their own motor power or that are otherwise incapable of being driven
under their own motor power within 180 days of acquisition. Motor
vehicles acquired by and on the premises of an automobile recycling
business prior to October 1, 2005, must have all fluids, refrigerant,
batteries and mercury switches removed by January 1, 2007. Fluids
required to be removed under this subparagraph must be removed to
the greatest extent practicable.
[g]
All fluids, refrigerant, batteries and mercury
switches must be removed from vehicles before crushing or shredding.
Fluids required to be removed under this subparagraph must be removed
to the greatest extent practicable.
e.
Relationship to state stormwater requirements. The municipal
officers may reject an application for an automobile graveyard, automobile
recycling business, or junkyard if the applicant has not demonstrated
that:
f.
Right of entry.
1.
Municipal officers or their designees may, to carry out the
provisions of this section or to determine compliance with any laws,
ordinances, license or permit approvals, decisions or conditions:
[a]
Enter any automobile graveyard, automobile recycling
business, or junkyard property and inspect all outside areas, equipment
and activities at reasonable hours for compliance with the laws or
ordinances set forth in accordance with this section; and
[b]
Enter any building on the property with the consent
of the owner, occupant or agent to inspect the building and activities
within the building for compliance with the laws or ordinances set
forth in accordance with this section.
2.
A municipal officer's or designee's entry onto property under
this subsection is not a trespass.
g.
Revocation or suspension of permit. For the purposes of revocation
and/or suspensions of permits, the operating standards contained in
Subsections c and/or d above shall be conditions of the permit and
will follow the guidelines as established in Subsection (10)d.
h.
Relationship of an automobile recycling business permit to an
automobile graveyard permit. A person who recycles automobiles but
does not qualify for or loses an automobile recycling business permit
may apply for an automobile graveyard permit.
(9)
Provisions regarding nuisances unaffected. This section shall
not be construed as in any way repealing, invalidating or abrogating
17 M.R.S.A. § 2802 or limiting the right of prosecutions
under that section. Violation of these sections in the establishment,
maintenance or operation of any automobile graveyard, automobile recycling
business, or junkyard constitutes prima facie evidence that the yard
is a nuisance as defined in 17 M.R.S.A. § 2802.
(10)
Violations.
a.
Enforcement. All municipal police officers, code enforcement
officers, and any designee of the municipal officers may enforce the
provisions of this section.
b.
Penalties. Violations of this section are subject to the penalty
provisions of 30-A M.R.S.A. § 4452; 17 M.R.S.A. §§ 2264-A
and 2264-B; or 17 M.R.S.A. Chapter 91. Each day that the violation
continues constitutes a separate offense.
c.
Abatement. If the municipality is the prevailing party in an
action taken pursuant to the provisions of this section or 17 M.R.S.A.
Chapter 80 or Chapter 91 and the violator does not complete any ordered
correction or abatement in accordance with the ordered schedule, the
municipal officers or designated agent may enter the property and
may act to abate the site in compliance with the order. To recover
any actual and direct expenses incurred by the municipality in the
abatement of the nuisance, the municipality may:
1.
File a civil action against the owner to recover the cost of
abatement, including the expense of court costs and reasonable attorney's
fees necessary to file and conduct the action;
2.
File a lien on real estate where the automobile graveyard, automobile
recycling business, or junkyard is located; or
3.
Assess a special tax on real estate where the automobile graveyard,
automobile recycling business or junkyard is located. This amount
must be included in the next annual warrant to the Tax Collector of
the municipality, for collection in the same manner as other state,
county and municipal taxes are collected. Interest as determined by
the municipality pursuant to 36 M.R.S.A. § 505 in the year
in which the special tax is assessed accrues on all unpaid balances
of the special tax beginning on the 60th day after the day of commitment
of the special tax to the Collector. The interest must be added to
and becomes a part of the tax.
d.
Prohibited conduct. The following are prohibited activities
and violations will follow the penalties outlined in Subsection (10)b
above.
1.
Creating or maintaining an uncontrolled hazardous substance
site. No automobile graveyard, automobile recycling business or junkyard
shall allow itself to become an "uncontrolled hazardous substance
site" or "uncontrolled site" as defined by 38 M.R.S.A. § 1362
and/or the most current edition of the adopted rules of the Department
of Environmental Protection (DEP). Any location declared by the municipality
or DEP as being an "uncontrolled hazardous substance site" and which
fails to take immediate action, to the satisfaction of the municipality,
in order to stop and abate the site, may also be found guilty of this
section. The municipality may take whatever action necessary to abate,
clean up or mitigate the threats or hazards posed or potentially posed
by an uncontrolled site or to protect the public health, safety or
welfare or the environment, including the administering or carrying
out of measures to abate, clean up or mitigate the threats or hazards,
implement remedies to remove, store, treat, dispose of or otherwise
handle hazardous substances located in, on or over an uncontrolled
site, including soil and water contaminated by hazardous substances.
All costs associated with the abatement, clean up or mitigation of
the threats or hazards shall be the responsibility of the property
owner.
2.
Discharges prohibited. No person, firm, group or corporation
may recklessly, knowingly or intentionally place, deposit or discharge,
directly or indirectly, any pollutant or hazardous material into or
upon the environment unless such activity has been approved and regulated
by the municipality and/or any necessary state and/or federal agency.
This section does not prevent the municipality from bringing charges
under this section for exceeding the amount of allowed discharges
or by violating any provisions outlined previously in order to obtain
municipal approval.
3.
Failing to follow operational standards. A person, firm, group, corporation or other legal entity who fails to follow the operational standards as outlined in Subsection (8) c and/or d shall be guilty of a civil offense under this section.
4.
Operating without proper permit. No person, firm, group or corporation
may operate an automobile graveyard, automobile recycling business
or junkyard without first receiving a permit from the municipality.
A permit issued for one type of site may not be transferred or used
to operate a different type of site defined under this section. This
does not prohibit a location from applying to the municipality to
change from one permit type to another.
5.
Illegal disposal of a motor vehicle.
[a]
No person may leave, discard or otherwise abandon
a motor vehicle upon any public way within the City of Biddeford.
[b]
No person may leave, discard or otherwise abandon
a motor vehicle at any facility or site permitted under this section,
unless title for the motor vehicle has been given to the licensed
facility and payment arrangements have been made for the disposal
of the motor vehicle. If the vehicle is no longer required to have
a title, then a statement releasing the vehicle must be supplied to
the facility's owner or operator.
[c]
Any vehicle removed at the direction of the Police
Department or Code Enforcement Office, which has been deemed abandoned
and/or has not been claimed from a licensed facility within 30 days
is in violation of this section. The facility, upon request from the
appropriate agency, shall be provided with the last known registered
or titled owner.
[d]
It will be the responsibility of the Police Department
to investigate complaints of abandoned motor vehicles and to bring
charges against the last known owner under this section.
[e]
Anyone found guilty under this section shall be
penalized according to the provisions of Subsection (10)b. Upon a
finding of guilty, the owner of the motor vehicle will be required
to relinquish ownership to the licensed facility and provide monetary
relief for all related towing and storage costs accrued to the facility.
If the owner releases the motor vehicle to the facility, but fails
to provide monetary relief for the costs accrued, then 1/2 of the
fines levied by the courts shall be given to the facility's owner
upon receipt by the municipality.
e.
Revocation or suspension of permit.
1.
Violation of any of this chapter or any condition, restriction
or limitation inserted in a permit by the municipal officers is cause
for revocation or suspension of the permit by the same authority that
issued the permit. No permit may be revoked or suspended without a
hearing and notice to the owner or the operator of the automobile
graveyard, automobile recycling business or junkyard. Notice of hearing
must be sent to the owner or operator by registered mail at least
seven but not more than 14 days before the hearing. The notice must
state the time and the place of hearing and contain a statement describing
the alleged violation.
2.
The municipal officers shall provide written or electronic notice
of the hearing to the automobile dealer licensing section of the Department
of the Secretary of State, Bureau of Motor Vehicles at least seven
days before the hearing.
f.
Removal of all materials after permit denial or revocation.
The owner or operator of an automobile graveyard, automobile recycling
business, or junkyard for which a permit has been denied or revoked
shall, not later than 90 days after all appeals have been denied,
begin the removal of all vehicles, vehicle parts and materials associated
with the operation of that automobile graveyard, automobile recycling
business, or junkyard. The property must be free of all scrapped or
junked vehicles and materials not later than 180 days after denial
of all appeals. An alternative schedule for removal of junk or vehicles
may be employed if specifically approved by the municipal officers.
(c)
Recycling operations (with or without hazardous materials).
(1)
Purpose. The City of Biddeford has identified that to further
the City's goal to protect the health, safety and welfare of the citizens
of the City, certain uses should be licensed by the City of Biddeford.
(2)
RECYCLING
RECYCLING FACILITY
Definitions. As used in this chapter, unless the context otherwise
indicates, the following terms have the following meanings.
The collection, separation, recovery and sale or reuse of
materials that would otherwise be disposed of or processed as waste
or the mechanized separation of waste, other than through combustion,
and the creation and recovery of reusable materials other than as
a fuel for any purpose or as landfill. This term does not include
the processing or handling of construction and demolition debris for
any purpose.
Land and buildings used for the recycling of solid or liquid
waste.
(3)
License required. No person, corporation or entity may establish,
operate or maintain a recycling facility without first obtaining a
nontransferable license from the municipal officers. Licenses issued
to a recycling facility under this section are valid until the first
day of January the following year.
(4)
Limitations on new recycling facility licenses. All new recycling operations shall receive all required approvals, including from the Planning Board, prior to being granted a license from the municipal officers. The Planning Board shall review all new recycling operations as conditional uses (Part III, Land Development Regulations, Article VII, Conditional Uses), and no license shall be granted by the municipal officers prior to receiving written notice that the proposed new business has been approved by the Planning Board and that it complies with all of the applicable requirements in Part III, Land Development Regulations, Article VI; Performance Standards, § 76, Recycling facilities.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42; 4-19-2011 by Ord. No.
2011.14; 5-1-2012 by Ord. No. 2012.33]
(a)
Antique dealers and other dealers in used items, including but not
limited to, jewelry, gold, precious stones, used furniture, clothing
and other personal items, junk dealers, secondhand dealers and sellers
of used goods, including but not limited to, antiques and other personal
property, antique automobiles and other motorized craft.
(1)
Purpose. In order to protect the welfare of the citizens of
the City of Biddeford, the municipal officers require that all individuals,
groups of individuals, entities and or businesses or firms buying,
selling, bartering, dealing, or distributing antiques, jewelry, precious
stones, gold, silver and other metals, junk and or secondhand goods
including automobiles, motorcycles, motor-driven scooters, aircraft
and other motorized vehicles, if they do not hold a new or used car
dealers or equipment dealer's license, must obtain a City of Biddeford
license and operate under the provisions of this section.
(2)
Recordkeeping.
a.
Junk dealers and junk collectors. A junk dealer or junk collector,
upon acquisition of any article meeting the description of "junk"
shall keep a permanent record of such transaction, which must include
a full, accurate and detailed description of the item including any
identifying numbers and characteristics, along with the full name,
date of birth and address of the seller, the registration number of
any vehicle used in the delivery of such item, and the time and date
of the transaction. A copy of the records shall be delivered to the
Biddeford Police Department within 48 hours of the transaction, unless
earlier delivery is requested by a police officer. Such dealer must
retain the original record of the transaction, which may be inspected
by any law enforcement officer upon request. The article acquired
by the junk dealer or collector shall be retained by the individual
or entity who acquired it at its premises, not sold or otherwise disposed
of and not altered or changed in any way for six business days.
b.
Secondhand dealers.
1.
All secondhand dealers, upon the acquisition of any article
of used property by purchase, barter or trade, shall complete duplicate
records of transactions on blank forms provided by the Chief of Police
on which is denoted the seller's full name, address, date of birth,
type of identification presented and its number, as well as the month,
day and year on which the transaction took place. The records shall
include a full and detailed description of each article purchased,
or exchanged, including identifying marks and or numbers, with the
price paid therefor and will be signed by the seller in the presence
of the buyer. A copy of the record shall be delivered to the Biddeford
Police Department within 48 hours of the transaction unless a police
officer requests earlier delivery. The secondhand dealer must retain
the other copy of the record of the transaction on file for no less
than two years during which the records may be inspected at any reasonable
time by a law enforcement officer. Articles so purchased shall be
maintained at the premises of the buyer and not sold or otherwise
disposed of or changed or altered in their appearance for three complete
business days after purchase thereof.
2.
Any person who is licensed as a secondhand dealer must also
obtain a flea market dealer's license if that secondhand dealer participates
in more than four flea markets in a year.
c.
Transient seller of secondhand goods. Each transient seller
of secondhand goods is precluded from purchasing items in the City
of Biddeford.
d.
Antique dealer.
1.
Antique dealers, upon the acquisition of any antique or article
of used property by purchase, exchange, barter or trade shall record
the transactions on duplicate forms furnished by the Chief of Police.
The records shall include the name, date of birth and address for
the individual/entity from whom the property was acquired, a full
and detailed description of each article purchased including, identifying
marks and or numbers that would facilitate identification of the item.
2.
A copy of the record shall be delivered to the Detective Division
of the Biddeford Police Department within 48 hours of the transaction
unless a police officer requests earlier delivery. The antique dealer
must retain the other copy of the record of the transaction on file
for no less than two years during which the records may be inspected
at any reasonable time by a law enforcement officer. Articles so purchased
shall be maintained at the premises of the buyer and not sold or otherwise
disposed of, or changed or altered in their appearance for six business
days after the acquisition of the items, except with the written consent
of the Chief of Police or his designated representative. The Chief
of Police may impose reasonable conditions for the granting of such
consent.
3.
License required. No person will engage in the business of dealing
in jewelry, gold, silver and other metals, diamonds and other precious
stones and other personal property or work as a junk collector, secondhand
dealer, antique dealer or transient seller of secondhand goods without
first obtaining a license issued by the City of Biddeford for such
activity in the City of Biddeford.
(3)
Penalty. A person who violates the provisions of this section
commits a civil infraction for which a minimum penalty of $100 for
each occurrence will be imposed. For the purpose of this article,
each day any person operates contrary to the provisions of this section
is a separate violation.
(4)
Disqualification. The City Clerk may withhold a permit under
the following conditions:
(b)
Flea markets. A person, group of persons or entity who/that provides
tables, space or otherwise operates a flea market for one or more
days, must obtain a license from the City Clerk for such flea market.
(1)
The operator of the flea market shall report no later than three
days to the City Clerk the names and addresses of all flea market
dealers in such flea market, and the number of times the dealer has
participated in the flea market since the previous March 1.
(2)
The operator of the flea market must maintain a vendor list
which shall be made available for inspection upon the request of any
police officer.
(3)
In addition, the operator of a flea market will cause each flea
market dealer to register on a form prescribed by the City Clerk,
and shall give the Clerk a copy of such registration.
(4)
Purchasing of goods by a flea market dealer from any person,
except another flea market dealer, at the flea market prior to the
opening of the flea market to the general public is prohibited. All
flee market dealers will adhere to the recordkeeping guidelines as
set forth in Subsection (a)(2).
(5)
Related persons working at the same table or tables need only
obtain one flea market dealer's license, which must list all the persons
involved in selling. As used in this section, "related person" shall
mean and include persons who are related by either affinity or consanguinity
and reside at the same address.
(6)
A person who sells only craft items made by the flea market
dealer is not required to obtain a flea market dealer's license.
(7)
The flea market operator shall exclude from participation in
any flea market any person who the operator knows is required to obtain
a flea market dealer's license and does not present proof of such
licensing, or who the operator knows has been barred from selling
under this section.
(8)
A person under the age of 18 years will not be permitted to
sell goods or work as a flea market dealer unless permission has been
given by that person's parents or legal guardian.
(9)
A person who is determined by the Code Enforcement Officer to
have violated any provision of this section may be barred from selling
at a flea market for a period of not more than one year. Any person
so charged will be afforded notice and an opportunity to be heard
prior to being so barred.
(10)
All parking shall be in accordance with all applicable zoning
and state laws.
[Added 5-3-2011 by Ord. No. 2011.23; amended 5-1-2012 by Ord. No.
2012.33]
A pawnbroker, junk dealer, junk collector, secondhand dealer,
antique dealer or transient seller of secondhand goods will not either
directly or indirectly purchase or receive by way of barter or exchange
any goods or articles of value from a person who has not attained
the age of 18.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
Purpose. In order to protect the welfare of the citizens of the City
of Biddeford, the municipal officers require that pawnbrokers obtain
a license and operate under the provisions of this section.
(b)
Purchase from minor prohibited. A pawnbroker will not either directly
or indirectly purchase or receive by way of barter or exchange any
goods or articles of value from a person who has not attained the
age of 18 years.
(c)
Recordkeeping: Every pawnbroker, at the time of receiving for any
and all consideration any article that is pawned, pledged, received
in exchange, shall give the pawnor a statement that the pawnbroker
will return the article at a stipulated price which shall be computed
in accordance with the requirements of 30 M.R.S.A., Chapter 215, Subchapter
8, and shall complete a sworn statement, blanks for which shall be
furnished by the Chief of Police, stating the full name, age, sex
and address of the person with whom the transaction is being made
(pawnor), the day and hour when the transaction took place, and a
full, accurate and detailed description including all distinguishing
marks and identifying numbers of each article so pawned, pledged or
exchanged as will make its identification certain and plain; and the
fair market value thereof and the price paid by the licensee; the
source from which and the time when the pawnor, pledgor or vendor
procured the same, and cause such statement to be signed and sworn
to by the person with whom such transaction has been made, the pawnor.
[Amended 5-1-2012 by Ord. No. 2012.33]
(d)
Within 24 hours after the transaction, the pawnbroker shall report
the relevant information contained in the sworn statement to the Chief
of Police or his or her designee by delivering or causing to be delivered
at the office of the Chief of the Biddeford Police Department, or
his designee, one of such duplicate sworn statements, which will be
kept on file at the Biddeford Police Department. The pawnbroker shall
retain the other copy, which, together with any article therein, listed
may be inspected by any law enforcement officer at any time. Articles
purchased outright by pawnbrokers must be retained at the place of
business for no less than six business days, not sold or otherwise
disposed of and not altered or changed in any way, unless released
sooner by the Chief of the Biddeford Police Department, or his designee.
[Added 5-1-2012 by Ord. No. 2012.33[1]]
(e)
Display of license, regulations, sign. Each pawnbroker shall post
in a conspicuous location within the place of business a copy of the
state statutes and a copy of this article. Each pawnbroker shall also
display within the place of business a sign that is legibly inscribed
in large letters in the English language that identifies the pawnbroker
by name and occupation.
[Amended 5-1-2012 by Ord. No. 2012.33]
(f)
Penalty. A person who violates the provisions of this section commits
a civil infraction, for which a maximum penalty of $100 for each occurrence
will be imposed. For the purpose of this article, each day any person
operates contrary to the provisions of this section is a separate
violation.
(g)
Disqualification. The City Clerk may withhold a permit under the
following conditions:
(h)
Except to the extent that this article contains a contrary provision,
all provisions of Title 30 M.R.S.A. §§ 3101 through
3155 shall be additional to the provisions of this article.
[Added 5-1-2012 by Ord. No. 2012.33]
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42; 4-16-2013 by Ord. No. 2013.28]
(a)
TAXICAB
(1)
a.
b.
c.
(2)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Includes any motor vehicle used for the transportation of passengers
for hire, the destination and route of which are under the direction
and control of the passenger(s); except that the provisions of this
section shall not apply to a motor vehicle licensed by another municipality
to operate as a taxicab or other vehicle for hire which is operated
within the City of Biddeford in response to:
A call to convey a passenger from the City to such other municipality;
or
A request to convey a passenger from the City to such other
municipality when such request is made at the point of delivery in
the City of a passenger from such other municipality; or
A request to convey a passenger from such other municipality
to the City.
"Taxicab" does not include a limousine, or other vehicle which
operates solely on a fixed schedule and route, such as, but not limited
to, a bus.
(b)
Purpose. In an effort to provide for the health, welfare and safety
of the citizens of the City of Biddeford, a person or firm operating
motor vehicles for the conveyance of members of the public, exclusive
of freight, operating regularly in the City must obtain a license.
(c)
License required. No person or firm will operate a vehicle subject
to these provisions without first having obtained a license from the
City of Biddeford, excluding nonprofit service, transit authority
or municipal vehicles. All taxicabs, motorbuses, public automobiles
and motor vehicles for hire must be fully inspected and licensed no
later than January 31 of each year. After January 31, any owner/operator
that falls within the provisions of this section that has not complied
with the provisions set forth herein will be subject to the revocation
of his/her license.
(d)
Application. A person applying for a license under this provision
shall complete forms provided by the City Clerk's office and provide
the following information:
(1)
The name and address of the firm, to include name of owner or
corporate executive and telephone numbers.
(2)
Make and types of all vehicles to operate in the City, including
state license numbers.
(3)
Certificate or other evidence of liability insurance covering
all vehicles and drivers.
(4)
The name, address and driver's license number of all employees
who will transport or convey passengers.
(e)
Inspection of taxicab.
[Amended 2-7-2017 by Ord.
No. 2017.7]
(f)
Maintenance of taxicabs; required equipment. All taxicabs operating
within the City of Biddeford shall adhere to the following requirements
at all times:
(1)
Taxicabs shall at all times be clean and in good repair inside
and out and shall be maintained at all times in compliance with the
laws of the State of Maine relating to passenger vehicles and the
rules and regulations of the State Commissioner of Transportation
enacted pursuant thereto.
(2)
Taxicabs may compute fare through the use of a taximeter and
may have those meters installed so as to give an accurate reading
of all the vehicle's movements and so as not to be subject to tampering.
Any meters used shall be tested, approved and sealed by the State
Sealer of Weights and Measures. Said meters shall indicate fare and
mileage by means of legible figures which are electrically illuminated
during the period between sunset and sunrise.
(3)
Every taxicab operating in the City shall be equipped with an
exterior light affixed to the roof thereof, which shall be covered
with a translucent fixture marked with the word "Taxi" in legible
lettering and which shall be operated during the period between sunset
and sunrise.
(4)
Every taxicab shall be conspicuously marked, in letters not
less than 1 1/2 inches in height, with the word "Taxicab," "Taxi"
or "Cab" and the owner's name or trade name or, in lieu of such name
or trade name, with a design or monogram containing the owner's name
or trade name. Such design or monogram shall be not less than eight
inches in diameter.
(5)
Every taxicab shall be conspicuously marked, in numbers not
less than 1 1/2 inches in height, with a vehicle number, which
shall correspond to the vehicle license number filed with the City
Clerk, such number to be unique to all taxicabs licensed by the City
of Biddeford.
(g)
Enforcement; violations and penalties. The Code Enforcement Officer, or his/her designee, shall have the primary duty to enforce this section. A police officer also has the authority to enforce the provisions of this section. A person or entity in violation of this section is subject to a fine as set forth under Chapter 1, § 1-12, of the City of Biddeford Code of Ordinances. In addition to the payment of a fine as set forth herein, a licensed owner or operator who is found in violation of the provisions of this section may have his/her license to operate a taxicab within this City suspended or revoked.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
License.
(1)
No person may be a victualer without a license. A person who
violates this section commits a civil violation for which a forfeiture
of not more than $50 may be adjudged. Operating a victualer's establishment
without the license required by this section constitutes a nuisance,
and the City Solicitor is authorized to seek injunctive relief, if
necessary. The City may recover its attorney's fees in any enforcement
proceedings.
(2)
Licenses issued under this article may not be assigned, and
are specific to the location for which the license was issued.
(b)
Application. Any person or firm operating, or sponsoring, a facility
preparing and selling food or nonalcoholic beverages to the public
on a regular basis will obtain a license from the City Clerk's office.
(1)
Any request for a license under this section will be conditioned
on the satisfactory inspection of the facility by the City Inspections
Department and the Fire Department to insure structural safety issues.
(2)
Proof of State of Maine health license must be produced prior
to the issuance of a victualers license under this section.
(3)
The City Clerk may withhold a permit under the following conditions:
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
Purpose. The purpose of this section is to regulate the operation
of massage establishments in order to promote the public health, safety
and general welfare.
(b)
Exemptions. The following persons shall be exempt from this section
if duly licensed by and while practicing their respective professions
in accordance with the laws of this state: physicians, physician's
assistants, surgeons, osteopaths, nurses, chiropractors, physical
therapists, barbers, cosmetologists, beauticians, and other health
and hygiene professionals.
(c)
Penalty for violation of section; abatement of violation. The violation of any provision of this section is punishable by a fine as prescribed in Chapter 1, Section 1-12 for each offense. Each act of violation and every day upon which any such violation occurs constitutes a separate offense. In addition to such penalty, the City may enjoin or abate any violation of this article by appropriate action.
(d)
Massage tables. A therapeutic massage shall be administered on a
massage table, treatment table or treatment mat, with a personalized
sanitary cover for each patron.
(e)
Maintenance and cleaning of establishment. Each person who conducts
or operates a therapeutic massage establishment shall keep such establishment
at all times in a clean and sanitary condition. All instruments, supplies
and devices of any kind, or parts thereof, that come into contact
with the human body shall be kept clean by a modern and approved method
of cleaning.
(f)
Prohibited activities.
(1)
No massage therapist shall administer a massage to a patron
whose genitals are exposed.
(2)
No massage therapist shall administer or agree to administer
a massage to the genitals or anus of a patron.
(3)
No massage therapist shall administer a massage unless fully
clothed with nontransparent clothing such as a medical smock.
(g)
Closing hours. No massage establishment may remain open for the administration
of a massage between the hours of 12:00 midnight and 6:00 a.m.
(h)
Supervision of massage establishment. At all times when open for
business, a therapeutic massage establishment shall have upon the
premises a licensed massage therapist or person who possesses a combination
massage establishment/massage therapist license who shall be available
to supervise the operation of the establishment and assure that no
violations of this article occur.
(i)
List of massage establishment employees. The therapeutic massage
establishment shall keep upon the premises a written list of the names
and current addresses of all persons working within the establishment,
both on-duty and off-duty. Such a list shall be available to the Chief
of Police, his authorized deputy, the City Clerk or City Clerk's representative,
upon request.
(j)
Licenses required:
(1)
Therapeutic massage establishment license. No person may operate
a therapeutic massage establishment without a valid therapeutic massage
establishment license. A separate license is required for each such
establishment.
(2)
Massage therapist license. No person may work as a massage therapist
without a valid massage therapist license or a combined massage establishment/therapist
license.
(3)
Combined massage establishment/therapist license. A sole practitioner
who employs no massage therapist other than himself may apply for
a combined massage establishment/therapist license in lieu of both
a therapeutic massage license and a massage therapist license.
(l)
Denial of license. The City Clerk shall make and keep a written record
of every decision to deny an application for any license under this
section.
(m)
Grounds for suspension or revocation of license.
(1)
All licenses. A license may be suspended or revoked after hearing
by the municipal officers upon determination that the licensee:
(2)
Therapeutic massage establishment or combined establishment/therapist
license. In addition to the provisions of Subsection (m)(1) of this
section, either a massage establishment license or combined massage
establishment/therapist license may be suspended or revoked upon a
determination that the licensee:
a.
Permitted a person to perform therapeutic massage without a
valid license to do so;
b.
Permitted or allowed an employee or massage therapist to violate
any provision of this section on the premises of the establishment
or in the course of conduct of the business of the establishment;
or
c.
Knowingly permitted any violation of 17-A M.R.S.A. §§ 851
through 855. Such knowledge shall be presumed if there have been two
or more convictions for any such offense within any one-year period.
The applicant or licensee may rebut such presumption by showing that
due diligence was used to prevent the recurrence of any such offense,
and despite such diligence, he/she did not know and could not reasonably
have known of any subsequent offense.
(n)
Application for licenses. A person desiring a license pursuant to
this section shall file a written, signed application with the City
Clerk on a form to be furnished by the Clerk. An application for a
combined massage establishment/therapist license, or a massage therapist
license shall be accompanied by one front face photograph of the applicant
taken within 30 days of the application, of such size that the Clerk
may specify. The City Clerk shall review the completed application,
and issue a license, provided that the applicant meets all criteria
and qualifications for the granting of such license.
(o)
Qualifications of applicant for license. Each applicant for a massage
therapist license or combined massage establishment/therapist license
shall show proof of basic proficiency in the field of massage therapy
which may be satisfied by:
(1)
Evidence of completion of a formal training course in massage
therapy given by a recognized school;
(2)
Evidence of 100 hours of on-the-job training in therapeutic
massage performed in the presence of a person holding a valid massage
therapist license or a combined massage establishment/therapist license
issued by the City;
(3)
Evidence of continuous practice as a massage therapist for at
least one year, accompanied by the written recommendation from at
least three health care professionals holding a valid license or certification
within the state, including, but not limited to, physicians, surgeons,
physician's assistants, osteopaths, chiropractors, nurses, physical
therapists, massage therapists, psychiatrists, psychologists, and
counseling professionals; or
(4)
Evidence of a successful completion of a certifying exam given
by another municipality or state, or of the certifying exam given
by the American Massage Therapy Association.
(p)
Obtaining license by fraud.
(1)
No person shall make any false, untruthful or fraudulent statement,
either written or oral, or in any way conceal any material fact, or
give or use any fictitious name in order to secure or aid in securing
a license required by this section. All names, including but not limited
to maiden name, ever used by the applicant must be noted on the application.
(2)
Any license falsely or fraudulently secured, as described in
Subsection (p)(1) of this section, shall be void.
(q)
Unauthorized use of license. No person shall make use of, in any
manner, to his own or another's benefit any license which has not
been duly issued to him in accordance with this section.
(r)
Compliance of existing therapist and massage establishments; expiration
of licenses.
(1)
A person presently operating as a massage therapist and/or operating
a massage establishment in the City on the effective date of the ordinance
from which this article derives shall comply with the terms of this
article by obtaining a license under this article within three months
of such effective date.
(2)
A license issued pursuant to this article expires at the end
of the calendar year for which it was issued.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
Permit required. The code enforcement officer shall review written
requests for the placement of newspaper vending machines at any public
location. Permits issued for such purpose will be for a period of
one year. Applicants may request an annual extension of the original
permit.
(b)
Number limited. No more than three machines shall be clustered or
located in any given location or within 100 yards of such a cluster.
(c)
Location. Newspaper vending machines shall be so located that pedestrian
and vehicular safety is not endangered. As part of the written request
for locating a newspaper vending machine, the applicant shall provide
an exact description of the proposed location. If the proposed location
is adjacent to a specific business, the applicant shall request permission
from the owner/operator of the business to place the vending machine
at that location.
(d)
Maintenance. The vendor is responsible for keeping the newspaper
vending machine, and the area immediately adjacent to the machine,
clean and free of litter.
(e)
Responsibilities of vendor; liability insurance. The vendor, in acknowledgment
of receipt of a permit under this article, shall assume all responsibility
for the care, maintenance, repair, damage, destruction, or loss of
the vending machines. The vendor shall also agree to indemnify and
hold the City harmless for that portion of any liability, losses or
claims made by any third person against a vendor and/or the City for
any damages or injuries proximately caused by the negligent acts or
omissions of the vendor. The vendor shall provide, at its expense,
and keep in force during the term of its contract, with a responsible
insurance company or companies authorized to do business in the state,
commercial general liability insurance in the amount of at least $1,000,000.
The vendor agrees to deliver certificates of such insurance to the
City at the time of application.
(f)
Removal of machines; notice. The City reserves the right to have
any specific vending machine or device removed by the applicant if
such machine or device is in violation of this article. The permittee
shall be notified in writing of the City's decision to have the machine
removed and the specific reasons for such actions. The permittee shall
have seven days to remove the machine.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
(a)
Purpose. To limit congestion in places of business that may pose
a safety hazard to the general public, the City will license video
devices and other standing game machines.
(b)
License. Persons or firms that propose to operate video game devices
must obtain a license from the City Clerk.
(c)
Application. The applicant will provide the information of the location
and number of machines on the application.
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
A wastehauler shall meet the requirements as set forth in the
City of Biddeford's Solid Waste Ordinance.[1]
[Ord. of 4-21-1998(4); amended 9-1-2009 by Ord. No. 2009.42]
A sludge disposal operator shall meet the requirements as set
forth in the City of Biddeford's Solid Waste Ordinance.
[Ord. of 4-21-1998(4); Ord. No.
2000.54, 7-5-2000; amended 9-1-2009 by Ord. No. 2009.42]
(a)
Purpose.
(1)
This section is designed to establish a uniform procedure, and
standards of review, to enable the City Clerk to make determinations
on applications for licenses to sell goods from ways, public places
and waterways within the City.
(2)
This section is adopted under the authority of 30-A M.R.S.A.
§ 3931, and is also intended to be enforced as a land use
regulation within the meaning of 30-A M.R.S.A. § 4452.
a.
License required. No person or business will be allowed to sell
items or food from public ways or other public property without first
having obtained a license from the City Clerk.
b.
Other applicable licenses as may be required.
c.
This provision shall not apply to nonprofit organizations vending
on public places during special recognized events.
(b)
Application.
(1)
A person seeking a license under this section may apply to the
City Clerk on such form as the City Clerk shall require. Copies of
application forms shall be available in the office of the City Clerk.
(2)
Applications shall include the following information:
a.
The name and address of the applicant.
b.
A specific description of the ways, public places, or portions
thereof in which the proposed activity would be conducted.
c.
A specific description of the vehicle or structure to be used,
including dimensions.
d.
The vendor shall provide, at its expense, and keep in force
during the term of its contract, with a responsible insurance company
or companies authorized to do business in the state, commercial general
liability insurance in the amount of at least $1,000,000. The vendor
agrees to deliver certificates of such insurance to the City at the
time of application.
(c)
Bidding. The City Clerk, with discretion, may award licenses under
this section on a first-come-first served basis if more than one applicant
seeks a license for a particular location. The City Clerk may also
restrict or prohibit the sale of goods from any way or public place
by limiting the number of licenses awarded, in order to protect the
public health, safety and welfare and to accomplish the objectives
of this section. Any restriction or prohibition created under this
subsection may be applied to any application pending at the time the
restriction or prohibition is created.
(d)
Standards for issuance of license: The City Clerk may only grant
a license under this article when the applicant has demonstrated that:
(1)
The proposed activity will be in compliance with all applicable
state and federal laws or regulations.
(2)
The proposed activity will not have a significant detrimental
effect on the use and peaceful enjoyment of abutting property as a
result of noise, vibrations, fumes, odor, dust, glare or other cause.
(3)
The proposed activity will not create hazards to safety by interfering
with vehicular or pedestrian circulation.
(4)
The applicant is of good character and, through experience or
education, is able to conduct the proposed activity in accordance
with the standards of his/her trade.
(5)
The application relates to a location that would be appropriate
due to lack of businesses in the vicinity which sell similar goods.
(e)
Vending on waterways. An applicant for vending on waterways will be required to locate outside of channels and anchorage areas and only in areas designated by the Harbormaster. Any vendor using a mooring for vending on waterways shall be required to provide a mooring at least 20% larger than required by Chapter 74, Section 74-80(d) of the Revised Code of Ordinances of the City of Biddeford. All other requirements of said Chapter 74 shall apply. A vendor on waterways shall vend only when moored. Vending on waterways shall be restricted to the hours of 7:00 a.m. to 9:00 p.m. and shall be permitted only from May 15 to September 15. Any vessel or platform used for vending on waterways shall meet all federal, state and City safety requirements. Vendors on waterways shall show evidence of required permitting by the United States Coast Guard, State of Maine Department of Marine Resources and the City of Biddeford Harbormaster.
(f)
Conditions.
(1)
The City Clerk may attach such conditions to the granting of
a license under this section that it finds reasonably necessary to
ensure that the proposed activity complies with the standards listed
in this section.
(2)
The City Clerk may consider other factors and conditions to
granting of a license where vendor activity is fixed or mobile, is
deemed incompatible with the proposed location, the number of vendors
seeking licenses would change character of the surrounding neighborhood,
or the product to be vended is deemed to provide unfair competition
to other businesses.
(g)
Application of state law. If the state law requires a state license
for a proposed activity, the City Clerk may require that the state
license be obtained prior to issuing a license under this section.
If the state law imposes additional licensing requirements on the
proposed activity, such requirements are to be implemented by the
City Clerk under this section, along with consideration of state law
requirements and the provisions of this section. If state law creates
exclusive licensing requirements for the proposed activity, the provisions
of that law shall govern.
(h)
Revocation. The municipal officers may revoke any license granted
under this chapter as provided herein.
[Ord. No. 99.97, 11-16-1999; amended 9-1-2009 by Ord. No.
2009.42]
(b)
Application and information.
(1)
Every applicant for an adult business license shall:
a.
Complete and file an application on a form prescribed by the
City Clerk.
b.
Deposit the prescribed license fee in advance with the City
Clerk.
c.
Submit the completed application to the City Clerk, together
with attested copies of the articles of incorporation and bylaws,
if the applicant is a corporation, or articles of association and
bylaws if the applicant is an association, as well as a list of all
officers of the adult business.
d.
File an affidavit which will identify all officers and their
places of residency at the present time and for the immediately preceding
three years.
(2)
Submission of false information in an application for a license
shall be in violation of this section, and such act shall be grounds
for the denial of the application.
(c)
Qualification of officers. All officers, directors, stockholders, owners, managers or persons with a financial interest in an adult business shall meet the following qualifications: Never have been convicted of a Class A, B, or C crime nor of violating any of the gambling, prohibitive liquor or sexual offense laws or any other disqualifying crime (as defined in Section 22-2) either of the United States or of Maine or any other state, within five years immediately preceding the date of application. Each such officer shall file the release authorized by 16 M.R.S.A. § 620, Subsection 6, Criminal History Record Information Act, with the application. Failure to provide such a release shall be grounds for denial of the application.
(d)
Inspection of premises to be licensed; reports. The Code Enforcement
Officer shall verify that the premises of the proposed adult business
comply with the applicable ordinances of the City, including, but
not by way of limitation, the Building Code, Electrical Code, Plumbing
Code, and Zoning Ordinance, and shall report his findings in writing
to the City Clerk.
(e)
Notice of hearing.
(1)
After receipt of the written reports required by Section 22-34(d), the City Clerk shall give notice of the public hearings on applications for an adult business in the form and manner and to the persons specified in this section. The notice shall include the time and place of such hearing, the nature of the matter to be heard, and the address or location of the property involved. Where notice by mail is required, it shall be mailed at least seven days in advance of the hearing date by regular United States mail.
(2)
Notices for hearings under this section shall be given by publication
in a newspaper of general circulation in the City at the applicant's
prepared expense at least six consecutive days before the date of
hearing. Notice to the owners of all the property within 2,000 feet
of such parcel or tract shall be by mail.
(3)
For the purpose of this section, the "owners of property" shall
be considered to be the parties listed by the Tax Collector of the
City as those against whom taxes are assessed. Failure of any property
owner to receive a notice of public hearing shall not necessitate
another hearing and shall not invalidate any action of the City Council.
(f)
License not transferable. A separate license must be obtained for
each branch or separate establishment of an adult business. Each license
shall authorize the operation of such establishment only at the location
described in such license and in conformity with all applicable ordinances
and law. No license shall be transferred to another person or to any
other location.
(g)
Display of license. Every adult business shall exhibit its license
at all times in a conspicuous place on its premises.
(h)
Illegal activities. No licensee under this section shall knowingly
permit any illegal activities to take place on the licensed premises.
(i)
Right of inspection. The applicant or licensee, his agents and employees
shall allow access to the adult business by the Code Enforcement Officer,
Fire Chief and any law enforcement officer or their designated assistants
or agents for the purposes of inspecting the premises and ensuring
that no violation of this section or any law is taking place.
(j)
Suspension or revocation of license. A license to operate an adult
business, as provided for by this section, may be denied, suspended
or revoked by the City Council for either violation of or failure
to comply with any of the provisions of this section. Determination
of the severity of the violation and whether or not a denial, suspension
or revocation is warranted shall be made by the City Council, after
notice and hearing. An appeal from any final decision of the City
Council may be taken by the applicant to the state superior court
in accordance with the provisions of Rule 80B of the Maine Rules of
Civil Procedure.
(k)
Penalty for violation of section. In addition to any action which the City Council may take, violation of any provision of this section shall be a civil violation, and a fine not exceeding the amount of Section 1-12 may be imposed. Each day that a violation continues will be treated as a separate offense.
[Added 2-1-2011 by Ord. No. 2011.3]
(a)
Purpose. The purpose of this section is to regulate the number of
ice cream trucks licensed within the City of Biddeford, and to limit
the areas within the City where these trucks may operate, and in consideration
for the public's safety.
(b)
License required. A person, business or corporation may not operate
an ice cream truck subject to these provisions without first having
obtained a license from the City of Biddeford.
(c)
Application. A person, business or corporation applying for a license
under this provision shall complete forms provided by the City Clerk's
office and provide the following information:
(1)
The name, address and telephone number of the company, as well
as the name, address and phone number of the ice cream truck operator(s).
(2)
A photocopy of the valid ice cream truck registration(s) that
will be operating with the City.
(3)
A certificate or other evidence of liability insurance covering
all ice cream trucks and drivers.
(d)
Prohibitions.
(1)
Each licensee may not operate more than one truck engaged in
the sale of ice cream products within the City at any one time.
(3)
When an ice cream truck is stopped and left standing or parked,
a person may not operate a sound system in or on the ice cream truck
on a public way at a volume that is audible at a distance of greater
than 25 feet.
(4)
The
operator of an ice cream truck may not occupy any parking space within
a no-parking zone, permit-parking-only zone, or fire lane, or park
in any other place that impedes or interferes with the normal movement
of vehicular or pedestrian traffic.
[Added 3-6-2018 by Ord.
No. 2018.16]
(5)
Vending
must be from the right side of the vehicle only. No vending is permitted
from the side of the vehicle that is exposed to oncoming traffic.
[Added 3-6-2018 by Ord.
No. 2018.16]
(e)
Penalty. A person or company who violates any provision of this section will be subject to the penalties set forth under Chapter 1, Section 1-12 of this Code; and in addition thereto, such violation may be cause for the suspension or revocation of the vendor's license to operate within the City of Biddeford.
