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Town of South Berwick, ME
York County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
SPECIAL MOBILE EQUIPMENT
Every self-propelled vehicle not designed or used primarily for the transportation of persons or property and incidentally operated or moved over the highways, including but not limited to road construction or maintenance machinery, ditch-digging apparatus, stone crushers, air compressors, power shovels, cranes, graders, rollers, well drillers, and wood sawing equipment used for hire.
A. 
In order to prevent excessive damage to public ways, the Road Commissioner may close all or part of a public way to heavy vehicles during any time from November 15 to June 1. No vehicles shall travel over closed ways except those permitted by this article.
B. 
The municipal officials may close all or any part of a public way under the municipality's control at any time for the following reasons:
[Added 9-23-1996; amended 10-10-2006]
(1) 
Protection of road surfaces which will not support continual truck traffic or for safety issues which may be raised by the increase of commercial traffic.[1]
[1]
Editor's Note: Former Subsection C, which immediately followed, regarding prohibited through trucking on certain roads or sections of roads, was repealed 4-13-2010.
Notice shall be given by erecting at each end of the closed public way a poster indicating the following:
A. 
The date of the posting.
B. 
A description of the highway closed.
C. 
A summary of the vehicles exempt from the closing.
D. 
The name, business address and telephone number of the Road Commissioner.
E. 
Statutory and regulation reference.
This article shall not apply to any closed highway which is solidly frozen.
The following vehicles are exempt from this article:
A. 
Any vehicle or combination of vehicles registered for a gross weight of 23,000 pounds or less.
B. 
[1]Any vehicle under the direction of a public jurisdiction and with permission of the Town of South Berwick engaged in emergency maintenance of the public highway.
[1]
Editor's Note: Former Subsection B, exempting certain vehicles in excess of 23,000 pounds, was repealed 10-10-2006. This ordinance also redesignated former Subsections C through J as Subsections B through I, respectively.
C. 
Highway maintenance vehicles under the direction of the Town of South Berwick.
D. 
Any vehicle transporting home heating fuel (oil, gas, coal, or stove sized wood) to a private consumer, bulk milk or bulk feed which is registered in excess of 23,000 pounds carrying a partial load with a weight equal to or less than indicated on an exemption certificate issued by the Town of South Berwick as documented by delivery slips or bills of lading accompanying the vehicle. The allowable weight indicated on the exemption will be calculated based on various reduced loads per inch of tire width, manufacturer's rating.[2]
[2]
Editor's Note: The exemption certificate and application thereof are on file in the Town offices.
E. 
Any combination vehicle of five axles or more weighing 80,000 pounds or less hauling perishable products. A permit issued by Town of South Berwick shall accompany any load of perishable products.[3]
[3]
Editor's Note: Regulations for obtaining and operating under trip permits are on file in the Town offices.
F. 
Any public utility vehicle performing routine maintenance or emergency maintenance.
G. 
Any emergency services vehicle under the direction of an organized police, fire, or rescue service.
H. 
Any vehicle primarily utilized for the transportation of solid or liquid waste which is in the process of either collecting waste or transporting it to a disposal facility.
I. 
Any vehicle owned and operated by an individual or company having its principal place of residence on a closed road may operate on the road only as a means to gain access to an unposted road. The vehicle shall utilize a route that minimizes the amount of travel over the posted road.