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ONLINE VEHICLE REGISTRATION
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TOWN OF EAST MILLINOCKET ORDINANCES Please click on the ordinance to go to that portion of the ordinances LAURA RUSH FERGUSON, TOWN CLERK BUDGET COMMITTEE ORDINANCE MEMBERSHIP:The Budget Committee shall be composed of 5 members with staggered terms of office. Currently, the staggered terms of office shall be 2 for 1 year terms, 2 for 2 year terms and 1 for a 3 year term. Each year, the expiring seat(s) will be nominated and elected at the Annual Town Meeting for three year term(s). Should vacancies occur between Annual Town Meetings, the remaining members will fill the vacancies for the unexpired terms or wait until the next Annual Meeting when they would be elected by the voters, whichever they choose. COMPENSATION:Members of the Budget Committee will be paid fifteen ($15) dollars for each meeting attended during the fiscal year. The Secretary and the Chairman of the Budget Committee will be paid seventeen dollars and fifty cents ($17.50) for each meeting attended during the fiscal year. There is no limit to the number of meetings held during the fiscal year; however, the aforementioned fees will be paid for a limit of twenty meetings in the fiscal year.(for a maximum cost of $1,600); $500 of which is already included in Administration Budget stipends. [Proposed Change 2000 Town Meeting Article 5 To see if the Town will vote to AMEND the ordinance entitled Budget Committee Ordinance, Compensation (section) to change the pay schedule from a per meeting method to a lump sum stipend as follows: Chairman: $350.00 Secretary: 350.00 Other(3) 300.00 (each) Recommended by the Budget Committee FUNCTION:It will be the function of the Budget Committee to Review proposed operating budgets, and/or articles which will appear in the warrants of special or annual Town Meetings which involves monetary items. Matters involving administration procedures appointments and operating policies will continue to be the responsibility of the officers of committees elected or appointed by the Town to oversee these maters. PROCEDURE:The Budget Committee will submit in writing a request to the following officers or Committees 120 days prior to the Annual Meeting a date on which preliminary departmental budgets must be submitted. THESE DEPARTMENTS ARE:School Department, Board of Selectmen-General operating budget, Police Department budget, Recreation Department budget, Public Works budget, Library budget, Nursing Services budget and Fire Department budget. The preliminary requests are to be submitted to the Budget Committee at least 90 days prior to the Annual Meeting. The Budget Committee will then review three requests, submit questions to those responsible for the requests and interviews during their meetings, committee members or departments as needed. At least 45 days prior to the Annual Meeting, final budget requests will be submitted to the Budget Committee by all Departments. Should further interviews be required, they will be held as requested by the Budget Committee. At least 30 days prior to the annual meeting, articles dealing with special monetary requests will be submitted to the Budget Committee. Following review of all monetary items, the Budget Committee will note their recommendations. They will recommend the amount requested, a lesser amount or in those cases where permissible by law, a higher amount. The warrant of the Town Meeting will show the recommendation of the Budget Committee on each article on which action was taken. Should any department fail to submit their monetary requests to the budget Committee as outlined herein, the voters may vote to defer action on the article to a Special Town Meeting in order to allow the Budget Committee to process the request. The voters may; however, dispose of the article at the regular meeting if they desire. SUMMARY:This ordinance supersedes any ordinance or action taken pertinent to a Budget Committee. If at any time any section of this ordinance conflicts with State Statutes, that section only will be void, and the remainder of the ordinance will continue in full force and effect until amended or revoked by the voters of East Millinocket. Adopted:
March 8, 1971 STREET VENDOR ORDINANCE 1936 TOWN MEETING ARTICLE 2 To see what action the town will take relative to the adoption of the following eight sections as a Town By-Law. SECTION 1. No person shall expose for sale or sell upon the public streets of the Town of East Millinocket, or go from place to place in the Town, exposing for sale and selling goods, wares or merchandise at retail, until he/she has procured a license to do so hereafter. SECTION 2. The Selectmen may grant a license to permit selling upon the public Streets of the Town, or go from place to place in the Town exposing For sale, and selling goods, wares or merchandise at retail. SECTION 3. Every person to whom a license is issued under this by-law, shall make out a written application, signed by him/her stating the name and address of applicant, and the nature and kind of goods, wares, and merchandise which he/she intends to expose for sale or sell at retail; and the license provided for when issued, shall apply, only to goods, wares or merchandise described in the application, and no other property of any nature shall be exposed for sale, or sold under this license. SECTION 4. The Selectmen shall cause to be inserted in every license issued under by-law, the name and address of the person applying for same, and the amount paid as a license fee therefore, together with a description of the goods, wares or merchandise which may be sold or offered for sale under the license. SECTION 5. Each applicant granted a license hereunder, shall pay to the Selectmen for The Town, a license fee of fifteen dollars ($15.00), and every license granted shall expire on the fifteenth day of the following March. It is further provided that a license fee for a fractional part of a year shall be as follows: a license issued on or after July 15th, shall be ten dollars ($10.00), a license issued on or after November 15th, shall be five dollars ($5.00), and the minimum fee in all cases shall be five dollars ($5.00). SECTION 6. Every person to whom a license is issued, when ever demanded by the selectmen, a Constable or Police officer of the Town, shall exhibit the license to the person demanding it, and if he/she neglects or refuses to do so, shall be liable to the same as is provided in Section 7 of this by-law, and his/her License shall be revoked. SECTION 7. Who ever shall expose for sale or sell upon the public streets of the Town, or go from place to place in the Town, exposing for sale or selling goods, wares or merchandise at retail, in violation of this by-law shall be punished by a fine of not more than twenty five dollars ($25.00) to be recovered on complaint, to the use of the Town. SECTION 8. The provisions of this by-law shall not apply to commercial agents of other persons selling by samples, lists, catalogues or otherwise, goods, wares, or merchandise for future delivery, persons selling fish, or persons selling farm, dairy, or orchard products of their own production, and persons selling bark, wood or forest products and persons selling newspapers or religious literature. *Adopted-April 18, 1936 SECTION 1. No person shall ride or propel any bicycle, skateboard, roller blades or scooters upon any sidewalk. SECTION 2. No person shall propel any bicycle, skateboard, roller blades or scooters in the Town of East Millinocket except in a careful and prudent manner. SECTION 3. Persons riding bicycles, skateboards, roller blades or scooters shall obey all traffic rules, and shall turn only at intersections, signal for all turns, keep to the right when meeting and to the left when passing other vehicles. SECTION 4. No person shall operate a bicycle, scooters without a hold on the handlebars. SECTION 5. No person operating a bicycle with only one saddle shall carry any other person on said bicycle. SECTION 6. It shall be unlawful for any person while riding a bicycle, skateboard, roller blades or scooters to hold on to another moving vehicle; or connect them together in any way. SECTION 7. No person shall ride or propel a bicycle, skateboard, roller blades or scooters on any way at the left or beside any other person riding or propelling a bicycle, skateboard, roller blades or scooters. SECTION 8. It shall be prohibited to ride or propel a bicycle, skateboard, roller blades or scooters on any way of the Town after dark, unless the bicycle is equipped with a light attached to the front and visible for a distance of at least two hundred feed (200 feet) and properly lighted, not without a red tail light or reflector visible from the rear for a distance of 200 feet. PENALTIES:Whoever violates any of the above or foregoing rules and regulations may be punished by A fine not exceeding twenty-five ($25.00) dollars for the first offense, and thirty ($30.00) dollars, except that any violation shall be relieved by paying the maximum fine to the Town Office for the use of the Town.
*Adopted-August 26, 1947 BUS ORDINANCE 1950 TOWN MEETING ARTICLE 2. To see if the Town will vote to provide Bus Transportation for School Activities. *Adopted October 24, 1950 DANGEROUS BUILDINGS ORDINANCE 1954 Town Meeting Article 2 Section 25. Dangerous buildings-when the municipal officers of a town, after personal notice in writing to the owner of any burnt, dilapidated or dangerous building, or by publication in a newspaper in the same county, if any, 3 weeks successively, otherwise in the state paper, and after a hearing of the matter, adjudge the same to be a nuisance or dangerous, they may make and record an order prescribing what disposal shall be made, and the town clerk shall deliver a copy of the order to a constable, who will serve the order to the owner, if a resident of the state, with an attested copy, and make return of his doings to said clerk forthright. If the owner, or part owner, is unknown or resides without the state, such notice shall be given by publication in the state paper, or in a paper published in the county, 3 weeks successively . Section 26. Town Officers may order nuisance abated. If no application is made to a Justice of the Supreme Judicial Court or the Superior Court, as is provided, the municipal officers of the town shall cause the nuisance to be abated, removed or altered in compliance with their order, and all expenses shall be repaid to the town within 30 days after demand, or may be recovered by such person for an action of money paid. Section 27. Owner may apply to Supreme Judicial or Superior Court. Any owner aggrieved by such order may within 30 days after order, within 30 days after order is made and filed, apply to a Justice of the Supreme Judicial or Superior notice and hearing, , affirm, annul, or alter the order. If the court is not in session, the action shall be entered on the docket of preceding term. Section 28. Costs-If the court affirms an order, costs will be recovered by the town. If it wholly annuls an order, costs shall be recovered by the applicant; and if it alters it in part, the court may render judgment as to costs as justice requires. *Adopted-April 30, 1954 GUN USE ORDINANCE 1962 Town Meeting Article 5 To see if the Town will vote to adopt the following by-law: It shall be unlawful to shoot, fire, or discharge any rifle, shotgun, pistol, airgun or slingshot, within the limits of the populated portions of the Town of East Millinocket described as follows, to wit: Being within one thousand (1,000) feet of any dwelling, school, church, house, or building with inhabitants dwelling or attending. This does not apply when: (1) A rifle, shotgun or pistol is used in an indoor firing range by individuals or clubs. (2) A rifle, shotgun or pistol is used for the protection of life and property. (3) Slingshots, airguns, and BB guns when used by adults or children less than sixteen (16) years of age under the direct supervision of an adult. Whoever violates any part of the foregoing rules or regulations, the Chief of Police or any other Police officer in the Town of East Millinocket may impound the rifle, shotgun, pistol, airgun, BB gun, or slingshot for a period up to the (10) days, for the first offense, no longer than thirty (30) days, for a second offense, and no longer than sixty (60) days, for any succeeding offense(s). *Adopted August 20, 1962 1963 Town Meeting Article 33 To see if the Town will vote any business not included within the exemptions listed in the Public Laws of 1961, Chapter 362 to remain open for business on the days set forth in said chapter. *Adopted March 4, 1963 1963 Town Meeting Article 34 It shall be unlawful for anyone to burn rubbish, leaves, or debris of any type within the limits of the populated portions of the build up area of the Town of East Millinocket without first obtaining a permit to do so from the Fire Department of East Millinocket . The owner of the premises upon which any illegal burning is created shall be presumed to have caused the burning. Whoever shall violate this ordinance shall be subject to a fine in the sum of ten ($10.00) dollars, which shall be enforced by the Maine District Court upon complaint issued for such violation, and the funds derived will be reimbursed to the Town of East Millinocket. *Adopted March 4, 1963 DOG CONTROL ORDINANCE SECTION 1. Definition of terms, as used in this ordinance, unless the context indicates otherwise.
SECTION 2. Running at Large Prohibited: No owner or keeper of any dog shall permit or allow their dog to roam at large at any time. This section shall not be constructed, however, to prevent the use of dogs for legal hunting purposes, field trials or shows, or for the use of dogs on farms or residences for any lawful purpose not inconsistent with the intent and provisions of this ordinance. SECTION 3. Barking or Howling Dogs: No person shall keep or harbor any dog which is loud, and has frequent or habitual barking, howling or yelping shall disturb the peace and tranquility of any person or persons. SECTION 4. Confinement of Certain Dogs: Dogs of fierce, dangerous or vicious propensities shall be properly confined or tied by the owner in a reasonable manner to prevent harm to the public. Female dogs in heat shall be confined in such a manner as to avoid the creation of a nuisance by other dogs congregating in the area. SECTION 5. Tag and Collared: The owners of all dogs shall have tags attached securely to the dogs. When off the premises of the owner, a suitable collar to which the license and rabies immunization tag shall be attached as required by applicable State Law. Also, when Off the premises the dog will be held by a leash which will not exceed eight (8) feet in length. SECTION 6. License Required: All dogs kept, harbored or maintained by their respective owners in the Town of East Millinocket shall be licensed in accordance with the appropriate laws of the State of Maine. SECTION 7. Enforcement: It shall be the duty of the Municipal Police Officers to enforce all provisions of this ordinance. SECTION 8. Penalties: Any owner found violating any of the provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction, shall be punished by a fine of ten ($10.00) dollars, for each offense. All fines that are assessed, shall be recovered for the use of the Town of East Millinocket through the District Court. SECTION 9. Effective date: This ordinance shall be in full force and effect ten (10) days after its passage. ANIMAL CONTROL ORDINANCE Proper Removal of Canine Excrement: Persons who own or control a dog on any sidewalk, street or publicly owned property shall immediately remove and properly dispose of any excrement by the dog on such property. The regulation relating to cleanup of canine waste shall not apply to any handicapped person who, by reason of his or her handicap, is physically unable to comply with the requirements of the provision. Penalties: Any owner or keeper found in violating this section of this ordinance shall be punished by a fine of not less than Ten Dollars ($10) and not more than Fifty Dollars ($50) for each offense. The imposition of a penalty for violation shall not excuse the violation or permit it to continue to exist shall constitute a separate offense. *Adopted April 29, 1975 JUNKYARD ORDINANCE SECTION 1. Definitions: Automobile graveyard as used in this ordinance will mean a yard, field, house lot, or other area used as a place of storage, with two or more unregistered, unserviceable, discarded, or junked motor vehicles. This would not apply to temporary storage by an establishment of place of business which is engaged primarily in doing auto body repair work. Junkyard as used in this ordinance will mean a yard, field, house lot, or other area used as a place of storage for: a. discarded, worn out, or junked plumbing, heating supplies, household appliances, and furniture; b. discarded, scrap, and junk lumber; c. scrap copper, brass, rope, rags, batteries, paper trash, rubber debris, waste, and scrap iron, steel, and other ferrous or nonferrous material; and d. garbage dumps, waste dumps, and sanitary fills. SECTION 2 No automobile graveyard or junkyard will be established, operated, or maintained, or permitted by the owner of any land to be established, operated, or maintained without first obtaining a nontransferable permit from the Board of Selectmen of East Millinocket. SECTION 3 A permit for the establishment of an automobile graveyard or junkyard will not be issued without the approval of the Board of Selectmen. SECTION 4 A permit will not be issued until the Board of Selectmen holds a public hearing as set forth in 30 MRSA-2453. SECTION 5 The charge for an automobile graveyard or junkyard permit is fifty ($50.00) dollars. The applicant will also prepay the cost of publishing and posting. SECTION 6 A permit for an automobile graveyard or junkyard will be valid only until January 1st of the following year. SECTION 7 Whoever violates any foundation of this ordinance will be punished by a fine of at least one hundred ($100.00) dollars, or up to five hundred ($500.00) dollars. The convicted party will pay any costs incurred by the Town for legal expenses and/or attorney fees. Each day the violation continues will constitute a separate offense. SECTION 8 It will be the duty of the Municipal Police Officers to enforce all provisions of this ordinance. *Adopted December 28, 1983 NUDITY CONTROL ORDINANCE ARTICLE I. PURPOSE Section 1 The purpose of this Ordinance is to regulate nudity as a form of commercial exploitation and to regulate dress as a form of conduct and not to impede the free exchange and expression of ideas. The conduct regulated is that which the Community and Board of Selectmen in public meting have clearly found to be offensive to the general welfare, public safety, order and morals of the Town of East Millinocket and its citizens. ARTICLE II. DEFINITIONS SECTION 2.1. Theater. As used in this Ordinance theater means: a. building, playhouse, hall or other place having a permanent stage upon which moveable scenery and theatrical or vaudeville or similar performances are given and permanently affixed seats so arranged that a body of spectators can have an unobstructed view of the stage, or b. a building, room, hall or other place whose primary function is to present movies or motion pictures and has a permanent movie screen and affixed seats so arranged that a body of spectators can have an unobstructed view of said screen, or c. an open-air or drive-in movie having a permanently affixed movie screen, and permanently affixed devices for broadcasting the soundtracks of movies of motion pictures inside of the patrons vehicles. ARTICLE III PROHIBITIONS SECTION 3.1 It shall be unlawful for a person who, while acting as a sales person, waiter, waitress, entertainer or in any other capacity as an owner, manager, or employee in a business subject to laws of the Town of East Millinocket: a. to expose his or her genitals, pubic hair, buttocks, perineum, or anus; or b. to expose any portion of the female breasts, at or below the areola. SECTION 3.2 It shall be unlawful for a person to cause, permit, procure, counsel, or assist any person to expose himself or herself as prohibited by Section 3.1 of this Ordinance. Section 3.3 It shall be unlawful for a person operating a business subject to license under the laws of the Town of East Millinocket to, at place of business, display, cause or permit the display of photographs, covers of magazines, newspapers or other printed matter which exposes or shows genitals, pubic hair, buttocks, perineum, anus, or female breasts at or below the areola, in such manner that the photographs, covers or magazines, newspapers, or other printed mater are visible to children or unwilling adults. ARTICLE IV EXCEPTIONS SECTION 4.1 Sections 2.1 and 2.2 (sic) of this ordinance do not apply to a theater or similar establishment which is primarily devoted to theatrical performances or the presentation of movies. SECTION 4.2 This Ordinance does not apply to any act authorized or prohibited by any statute of the State of Maine. ARTICLE V PENALTY SECTION 5.1 Any act made unlawful by this ordinance and any violation of this Ordinance shall be punishable by a fine of not more than five-hundred ($500.00) for each offense. Each day that such unlawful act or violation continues shall be considered a separate offense. SECTION 5.2 In addition to any other penalty provided by the law, the commission of acts prohibited by this Ordinance shall constitute a nuisance and may be abated by the Town seeking an injunction to prohibit further and continued violation. ARTICLE VI VALIDITY SECTION 6.1 If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. *Adopted May 1, 1991 PARKING ORDINANCE AMENDMENT PASSED BY SELECTMEN ON 03/29/2004 AUTHORITY & PURPOSE: The East Millinocket Selectmen find that unrestricted parking of motor vehicles on certain portions of public ways in East Millinocket creates a hazard to motorists and pedestrians. Unrestricted parking causes motorists to drive outside the designated travel land and into oncoming traffic. If adopted the purpose of this ordinance in accordance with 20-A M.R.S.A. 3009 is to regulate parking to protect the public health, safety and welfare of the community. DEFINITIONS: Words in this ordinance shall be defined in accordance with 29-a M.R.S.A. 1013 any undefined word shall have its common meaning. ENFORCEMENT: This ordinance shall be enforced by the Towns Police Department and any violation of this ordinance is a civil action punishable by a fine of $50.00. Any person charged with such a violation may waive court action by paying a fee of $15.00 to the Town Clerk within 30 days of this violation. Repeat offenders will be charged double the fine of $50.00 for each occurrence. The East Millinocket Police Department also has the authority to tow a vehicle if the owner has three (3) unpaid parking tickets. The owner shall pay the parking tickets at the Town Office and upon receipt of payment shall be able to retain towed vehicle at owners expense to towing company. SEVERABILITY: In the event that any portion of this ordinance is declared by the court to be unenforceable, the remaining provisions continue in full force. SECTION 1: UNLAWFUL PARKING A. No person within the limits of East Millinocket, Maine, shall stop, stand, or Park any motor vehicle or any other item requiring State of Maine registration except when necessary to avoid any conflict with other traffic or in direction of Police Officers or traffic or other traffic in direction of Police Officers or Traffic Control Devices in any of the following places. 1. On sidewalk, crosswalk, bicycle lane, 2. In front of a public or private driveway, including either side as to obstruct the view; 3. Within the (10) feet of railroad tracks; 4. No owner or operator or person in charge of any commercial vehicle which has a carrying capacity of more than the registered weight of the vehicle, including the load, is more than eight (8) feet in width, or which, including load is more than twelve (12) feet six (6) inches in height, shall be permitted to stand upon any public street in the Town for any longer period than two hours, except when loading and unloading. 5. The Municipal Officers may establish freight loading zones and place signs to maintain appropriate stopping, standing, and parking. 6. Authority of the Police Chief: the Police Chief is hereby authorized to regulate parking when he or she deems it necessary for the Public Safety of the Town. This is to include signs and marking of notification within one hundred (100) feet of any fire station. 7. Exceptions: this ordinance does not apply to Motor vehicles parked in prohibited areas for the following reasons: A. Town Officials conducting official business B. Technical problems or breakdowns C. Emergency situations D. Maintenance, construction, repair or installation of utilities of the public way by any State or Municipal Agency or Utility Company. WINTER PARKING APPROVED AT SELECTMEN MEETING JANUARY 14, 2008. (THIS WAS OMITTED FROM UPDATED PARKING ORDINANCE ADOPTED 03/29/2004) THE PARKING OF MOTOR VEHICLES FOR A PERIOD OF MORE THAN TWO HOURS EACH DAY FROM TEN(10:00) O'CLOCK P.M. TO NINE (9:00) O'CLOCK A.M. EASTERN STANDARD TIME DURING THE PERIOD BETWEEN NOVEMBER 15TH, AND APRIL 15TH, INCLUSIVE, IS HEREBY PROHIBITED IN THE STREETS OF EAST MILLINOCKET. AN OFFICER MAY CAUSE ANY VEHICLE PARKED ON ANY PUBLIC WAY, THAT IS INTERFERING WITH OR HINDERING THE REMOVAL OF SNOW, TO BE REMOVED FROM THE RIGHT-OF-WAY AND PLACED IN A SUITABLE PLACE AT THE EXPENSE OF THE OWNER. THE MUNICIPALITY, NOR THE OFFICER, SHALL BE LIABLE FOR ANY DAMAGE THAT MAY BE CAUSED BY SUCH REMOVAL. COPY OF STATE LAW IN FOLDER FOR BOOK #29 PUBLIC NUISANCE ORDINANCE CODE ENFORCEMENT OFFICER RECOMMENDED TO USE THE STATE LAW H.P. 1002-L.D.
1367 SEC. 1. 29-A M.R.S.A. ss 1106-A
SEWER ORDINANCE APPENDIX H PURPOSE: AN ORDINANCE REGULATING THE USE OF THE PUBLIC AND PRIVATE SEWERS AND DRAINS, PRIVATE WASTEWATER DISPOSAL, THE INSTALLATION AND CONNECTION OF BUILDING SEWERS, AND THE DISCHARGE OF WATERS AND WASTES INTO THE PUBLIC SEWER SYSTEM(S); AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF: IN THE TOWN OF EAST MILLINOCKET, COUNTY OF PENOBSCOT, STATE OF MAINE. ARTICLE I Definitions Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows: SECTION 1. Act shall mean the Federal Water Pollution Control act (33 U.S.C. 1251 et seg), as amended by the Federal Water Pollution Control Act amendments and any subsequent amendments. SECTION 2. Applicant or owner shall mean any person requesting approval to discharge industrial or domestic wastewater into facilities of the Town. SECTION 3. Biochemical Oxygen Demand (BOD) shall mean the quantity of oxygen utilized in the biochemical oxidation organic matter under standard laboratory procedure in five (5) days at 20 degreesC, expressed milligrams per liter. SECTION 4. Building shall mean a structure built, erected and framed of component structural parts designed for the housing, shelter, enclosure, or support of persons, animals, or property of any kind. SECTION 5. Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer. The building drain extends eight (8) feet (2.44 meters) outside the inner face of the building wall. SECTION 6. Building Sewer shall mean the extension from the building drain to the public sewer or other place of disposal also called house connection. SECTION 7. Combined Sewer shall mean a sewer intended to receive both waste water and storm or surface water. SECTION 8. Easement shall mean an acquired legal right for the specific use of land owned by others. SECTION 9. Floatable Oil is oil, fat, or grease in a physical state such that it will separate by gravity from wastewater by treatment in an approved pretreatment facility. A wastewater shall be considered free of floatable oil if it is properly pretreated and the wastewater does not interfere with the collection system. SECTION 10. Garbage shall mean the animal and vegetable waste resulting from the handling, preparation, cooking, and serving of food. SECTION 11. Industrial Waste shall mean the wastewater from industrial processes, trade of business as distinct from domestic or sanitary wastes. SECTION 12. Natural Outlet shall mean any outlet, including storm sewers and combined sewer overflows, into a watercourse, pond, ditch, lake or other body of surface or groundwater. SECTION 13. Person shall mean any individual, firm, company, association, society, Corporation, municipal or quasi-municipal agency, state agency, federal agency or other legal entity. SECTION14. pH shall mean a logarithm of the reciprocal of the hydrogen-ion concentration. The concentration is the weight of hydrogen ions, in grams, per liter of solution. Neutral water, for example, has pH value of 7 and a hydrogen-ion concentration 10-7. SECTION 15. Pollutant shall mean to include but is not limited to dredged spoil, solid waste, junk, sewage sludge, munitions, chemicals, biological, or radiological materials, oil, petroleum products or by-products, heat, wrecked, or discarded equipment, rock, sand, dirt, and industrial, municipal, domestic, commercial, or agricultural wastes of any kind. SECTION 16. Properly Shredded Garbage shall mean the wastes from the handling, preparation, cooking, and serving of food that have been shredded to such a degree that all particle, will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (1/2) inch (1.27 centimeters) in any dimension. SECTION 17. Public Sewer shall mean a common sewer owned, operated, and maintained by public authority, or governmental agency. SECTION 18. Sanitary Sewer shall mean a sewer that carries liquid and water-carried wastes from residences, commercial buildings, industrial plants and institutions together with minor quantities of ground, storm, and surface waters that are not admitted intentionally. SECTION 19. Sewer shall mean a pipe of conduit that carries wastewater or drainage water. SECTION 20. Shall is mandatory; May is permissive. SECTION 21. Slug shall mean any discharge of water, or wastewater which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration of flows during normal operation and adversely affect the collection system and/or performance of the wastewater treatment works. SECTION 22. Spill shall mean the release, accidental or otherwise, of any material normally released to the facitities, which by virtue of its volume, concentration or physical or chemical characteristics, creates a hazard to to the facilities, their operation or their operation or their personnel. Such characteristics shall include, but are not limited to, volatile, explosive, toxic or otherwise unacceptable materials. SECTION 23. Storm Drain (sometimes termed Storm Sewer) shall mean a drain or sewer for conveying water, groundwater, subsurface water, or unpolluted water from any source. SECTION 24. Superintendent shall mean the Superintendent of wastewater facilities, and/or of wastewater treatment works, and/or of Water Pollution Control of the Town of East Millinocket, or his authorized deputy, agent or representative. SECTION 25. Suspended Solids shall mean total suspended matter that either floats on the surface of, or is removable by laboratory filtering as prescribed in Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association and referred to as nonfilterable residue. SECTION 26. Town shall mean the Town of East Millinocket, Maine. SECTION 27. Unpolluted Water is water of quality equal to or better than the effluent criteria in effect or water that would not cause violation of receiving water quality standards and would not be benefited by discharge to the sanitary sewers and waste water treatment facilities provided. SECTION 28. Wastewater shall mean the spent water of a community, from the standpoint of source, it may be a combination of the liquid and water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and stormwaters as may be present. SECTION 29. Wastewater Treatment Works shall mean an arrangement of devices and structures for treating wastewater, industrial waste, and sludge. SECTION 30. Wastewater Facilities shall mean the structures, equipment, and processes required to collect, carry away, and treat domestic and industrial wastes and dispose of the effluent. SECTION 31.Water Course shall mean a natural or artifical channel for the passage of water either continuously or intermittently. ARTICLE II Abbreviations For the purpose of this ordinance the following abbreviations shall have the meanings ascribed to them under this article. Reference to standards of the following organizations shall refer to the latest edition of same. SECTION 1. ANSI shall mean American National Standards Institute. SECTION 2. ASME shall mean American Society of Mechanical Engineers. SECTION 3. ASCE shall mean American Society of Civil Engineers. SECTION 4. ASTM shall mean American Society of Testing and Materials. SECTION 5. cm shall mean centimeter. SECTION 6. CS shall mean Commercial Standards. SECTION 7. Degrees C shall mean degrees Celsius. SECTION 8. Degrees F shall mean degrees Fahrenheit. SECTION 9. DEP shall mean State of Maine Department of Environmental Protection. SECTION 10. EPA shall mean United States Environmental Protection Agency. SECTION 11 ICR shall mean Industrial Cost Recovery. SECTION 12. kg. shall mean Kilograms. SECTION 13. 1. shall mean liters. SECTION 14. M. shall mean meter. SECTION 15. mg/1. shall mean milligrams per liter. SECTION 16. NEIWPCC shall mean New England Interstate Wastewater. SECTION 17. NPC shall mean National Plumbing Code. SECTION 18. ppm. Shall mean parts per million. SECTION 19. Sq.m. shall mean square meter. SECTION 20. WPCF shall mean Water Pollution Control Federation. . ARTICLE III Use of Public Sewers Required. SECTION 1. It shall be unlawful for any person to place, deposit, or permit to be placed or deposited in any unsanitary manner on public or private property within the Town or in any area under the jurisdiction of said town any human or animal excrement, garbage, or other objectionable waste. SECTION 2. It shall be unlawful to discharge to any natural outlet within the Town or in any area under the jurisdiction of said Town, any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this Ordinance and the requirements of the State of Maine. SECTION 3. Except as herinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater. SECTION 4. The owner(s) of all buildings, or other properties used for human occupancy, employment, recreation, or other purposes, situated within the Town and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the Town, is hereby required at the owner(s) expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this Ordinance, within 120 days after date of official notice to do so, provided that said public sewer is within 200 feet (70 meters) of the structure to be served, unless undue hardship would result in which case the property owner should request in writing a deferral of this requirement and the owner shall be required to demonstrate the nature and degree of hardship.
ARTICLE IV Private Wastewater Disposal SECTION 1. Where a public sanitary sewer is not available under the provisions of Article III, Section 4, the building sewer shall be connected to a private wastewater disposal system complying with the provisions of this article and the State of Maine Plumbing Code, Part II Subsurface Wastewater Disposal Regulations. SECTION 2. Before commencement of construction of a private wastewater disposal system the owner(s) shall first obtain a written permit signed by the licensed plumbing inspector. The application for such permit shall be made on a form furnished by the Division of Health Engineering, Maine Department of Human Services, which the applicant shall supplement by any plans, specifications and other information as are deemed necessary by the plumbing inspector. A permit and inspection fee established by the Town shall be paid to the plumbing inspector at the time the application is filed. SECTION 3. A permit for a private wastewater disposal system shall not become effective until the installation is completed to the satisfaction of the plumbing inspector. The plumbing inspector shall be allowed to inspect the work at any stage of construction and in the event, the applicant for the permit shall notify the plumbing inspector when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within forty-eight (48) hours of the receipt of notice by the plumbing inspector. SECTION 4. The type, capacities, location, and layout of a private wastewater, disposal system shall comply with the State of Maines�s Plumbing Code, Part II � Subsurface Wastewater Disposal Regulations and the Minimum Lot Size Law (Maine Revised Statutes Annotated, Titles 12 Chapter 423-A. No private wastewater disposal system shall be permitted to discharge to any natural outlet. SECTION 5. At such time as a public sewer becomes available to a property served by a private wastewater disposal system, as provided in Article IV, Section 4, a direct connection from the building sewer to the public sewer shall be made within 120 days and any septic tanks, cesspools and similar private wastewater disposal facilities shall no longer be used, and shall be cleaned of sludge, and filled with suitable material, or completely removed. SECTION 6.The owner(s) shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times, at no expense to the Town. SECTION 7.No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the Town�s Health officer or Building Inspector. ARTICLE V SECTION 1. No unauthorized person(s) shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the Superintendant. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the Superintendent at least forty-five (45) days prior to the proposed change or connection, and shall comply with Maine Revised Statutes Annotated, Title 38, Chapter 3, Subchapter I, ss361. SECTION 2. There shall be two (2) classes of building sewer permits: (a) for residential and commercial service, and (b) for service to establishments producing industrial wastes. In either case, the owner(s) or his agent shall make application on a special form furnished by the Town.the permit application shall be supplemented by any plans, specifications, or other information considered pertinent to the judgment of the superintendent. A permit and inspection fee established by the Town shall be paid to the Town at the time the application is filed. SECTION 3. All costs and expenses incident to the installation and connection of the building sewer shall be borne by the owner(s). The owner(s) shall indemnify the Town from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. SECTION 4. A separate and independent building sewer shall be provided for every building requiring a sewer connection; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. SECTION 5. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the Superintendent, to meet all requirements of this ordinance. SECTION 6. The siz4, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the Town. In the absence of code provisions or in amplifycations thereof the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F Manual of Practice No. 9 shall apply. SECTION 7. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewers, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. SECTION 8. No person(s) shall make connection of roof downspouts, exterior foundations drains, areaway drains, or other sources of surface runoff or groundwater to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer unless such connection is approved by the superintendent for purposes of disposal of polluted surface drainage. SECTION 9. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable Rules and regulations of the Town, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight and verified by proper testing. Any deviation from the prescribed procedures and materials must be approved by the Superintendent before installation. SECTION 10. The applicant for the building sewer permit shall notify the Superintendant when the building sewer is ready for inspection and connection to the public sewer. The connection and testing shall be made under the supervision of the Superintendent or his representative. SECTION 11. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways, and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the Town. ARTICLE VI Use of Public Sewers SECTION 1. No person(s) shall discharage or cause to be discharged any unpolluted waters such as storm water, surface water,groundwater, roof runoff, sub-surface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer. SECTION 2. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the superintendent. Unpolluted Industrial cooling water or process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer, or natural outlet; and the discharge shall comply with Maine Revised Statutes Annotated, Title 38, Chapter 3, ss413. SECTION 3. No person(s) shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: (a) Any gasoline, benzene, naptha, fuel oil, or other flammable or explosive liquid, solid, or gas which will create a fire or or explosive hazard in the wastewater facilities. (b) Any waters or pollutants containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any waste treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the wastewater treatment plant. (c) Any waters or pollutants having a pH lower than (5.0) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the wastewater works; unless the works are specifically designed to accommodate such discharges. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with proper operation of the wastewater facilities such as, but not limited to, ashes, bones, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plactics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (e) Any waters or pollutants including oxygen demanding pollutants (BOD, etc.) which released in quantities of flow or concentrations or both constitute a �slug� as defined herein. (f) Any heated waters or pollutants in amounts which will inhibit or interfere with biological activity in the wastewater treatment works but in no case heated waters or pollutants in such quantities that the temperature at the wastewater treatment works influent exceeds 104 degrees Fahrenheit (40 degrees Celsius); unless the wastewater treatment works is designed to accommodate such heat. SECTION 4. The following described substances, materials, waters, or pollutants shall be limited in discharges to municipal systems to concentrations or quantities which will not harm either the sewers, wastewater treatment process or equipment, will not have an adverse effect on the receiving stream, or will not otherwise endanger lives, limb, public property, or constitute a nuisance. The Superintendent may set limitations lower than the limitations established in the regulations below if in his opinion such more severe limitations are necessary to meet the above objectives. In forming his opinion as to the acceptability, the Superintendent will give consideration to such factors as the quantity of subject wastes in relation to flows and velocities in the sewers, the wastewater treatment process employed capacity of the wastewater treatment plant, and other pertinent factors. The limitations or restrictions of waste or wastewaters discharged to the sanitary sewer which shall not be violated without approval of the Superintendent are as follows: (a) Wastewater having a temperature higher than one hundred fifty (150)degrees F (65degrees Celsius) (b) Wastewater containing more than 25 milligrams per liter of petroleum Oil, nonbiodegradable cutting oils, or product of mineral oil orign. (c) Wastewater from industrial plants containing floatable oils, fat, or grease. (d) Any garbage that has not been properly shredded. (See Article I, Section 14.) Garbage grinders may be connected to sanitary sewers from homes, hotels, institutions, restaurants, hospitals, catering establishments or similar places where garbage originates from the preparation of food, in kitchens for the purpose of consumption on the premises or when served by caterers. (e) Any waters or pollutants containing iron, chromium, copper, zinc, and Similar objectionable or toxic substances in such quantities or concentrations that any such material received in the composite wastewater At the wastewater treatment works exceed limits established by the Superintendent for such materials. (f) Any waters or pollutants containing odor-producing substances exceeding limits which may be established by the Superintendent. (g) Any radioactive wastes or isotopes of such half-life or concentrations as may exceed limits established by the Superintendent in compliance with applicable State or Federal regulations. (h) Quantities of flow, concentrations, or both which constitute a �slug� as defined herein. (i) Waters or pollutants containing substances which are not amenable to treatment or reduction by the wastewater treatment process employed, Or are amenable to treatment only to such degree that the wastewater treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (j) Any water or pollutants which, by interaction with other water or pollutants in the public sewer system; release obnoxious gases, from suspended solids which interfere with the collection system, or create a condition deleterious to structures and treatment process. Any spill as defined in Article I, Section 22, shall be reported immediately to the Superintendent. Any damages experienced by the Town as a result of a spill are considered a violation of this ordinance and costs for repair, replacement or of the associated costs are recoverable under Article 9, section 3 of this Ordinance. SECTION 5. If any waters or pollutants are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in Section 4 of this Article, and which in the judgment of the Superintendent may have a deleterious effect upon the wastewater facilities, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may: (a) Reject the waters or pollutants, (b) Require pretreatment to an acceptable condition for discharge to the Public sewers, and/or (c) Require control over the quantities and rates of discharge, and/or (d) Require payment to cover the added costs of handling and treating the wastes. When considering the above alternatives, the Superintendent shall give consideration to the economic impact of each alaternative on the discharger. If the Superintendent permits the pretreatment or equalization of waste flows, the design and installation of the pretreatment or equalization plants and equipment shall be subject to the requirements of all applicable codes, ordinances, laws, and the municipal discharge permit. SECTION 6. Grease, oil, and sand interceptors shall be provided when the opinion of the Superintendent, they are necessary for the proper handling of liquid wastes containing floatable grease in excessive amounts as specified in Section 4 (c), or any flammable wastes, sand, other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the Superintendent, and shall be located as to be readily and easily accessible for cleaning and inspection. In the maintaining of these interceptors the owner(s) shall be responsible for the proper removal and disposal by appropriate means of the captured material and shall maintain records of the dates, and means of disposal which are subject to revise by the Superintendent. Any removal and hauling of the collected materials not performed by owner(s) pernonnel must be performed by currently licensed waste disposal firms. SECTION 7. Where pretreatment or flow-equalizing facilities are provided or required for any waters or pollutants, they shall be maintained continuously in satisfactory and effective operation by the owner(s) at his expense. SECTION 8. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial pollutants shall install a suitable structure together with such necessary meters, and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such structure when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the Superintendent. The structure shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. SECTION 9. The Superintendent may require a user of sewer services to provide information needed to determine compliance with this Ordinance. These requirements may include: (1) Wastewater discharge peak rate and volume over a specific time period. (2) Chemical analyses of wastewaters. (3) Information on raw materials, processes, and products affecting wastewater volume and quality. (4) Quantity and disposition of specific liquid, sludge, oil, solvent, or other materials important to sewer use control. (5) A plot plan of sewers of the user�s property showing sewer and pretreatment facility location. (6) Details of wastewater pretreatment facilities. (7) Details of systems to prevent and control the losses of materials through spills to the municipal sewer. SECTION 10. All measurements, tests, and analyses of the characteristics of waters and pollutants to which reference is made in this Ordinance shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater published by the American Public Health Association, and shall be determined at the structure as required in Article VI, Section 8, or upon suitable samples taken at said structure. In the event that no special structure has been required, suitable samples shall be taken at the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by the customarily accepted methods to reflect the effect of constituents upon the wastewater facilities and to determine the extistence of hazards to life, limb, and property. (The particular analyses involved will determine whether a twenty-four (24) hour composit of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken.) Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four (24) hour composites of all outfalls whereas pH's are determined from periodic grab samples. (a) All industries discharging into a public sewer shall perform such monitoring of their discharges as the Superintendent and/or other duly authorized employees of the Town may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the Superintendent. Such records shall be made available upon request by the Superintendent to other Agencies having jurisdiction over discharges to the receiving waters. SECTION 11. The municipality will develop and the Superintendent will enforce pretreatment regulations for existing and new sources of pollution that are discharged into the municipally owned wastewater treatment facilities as set forth in Title 40, Chapter 1, Part 128 and Part 403 of the Final Rules of the United States Environmental Protection Agency. SECTION 12. No statement contained in this article shall be construed as preventing any special agreement of arrangement between the Town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the Town for treatment, subject to payment therefore, by the industrial concern; provide that such agreements do not contravene any requirements of existing Federal or State laws and/or regulations promulgated there under, and are compatible with any User Charge System in effect. ARTICLE VII Protection from Damage SECTION 1. No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the wastewater facilities. Any person(s) violating this provision may be subject to arrest under the charge of criminal mischief as set forth in Maine Revised Statutes Annotated, Title 17-A, Chapter 33, ss806. ARTICLE VIII Powers and Authority of Inspectors SECTION 1. The Superintendent and other duly authorized employees of the Town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling, and testing pertinent to discharge to the community system in accordance with the provisions of this ordinance. SECTION 2. The Superintendent or other duly authorized employees are authorized to obtained information concerning industrial processes which have a direct bearing on the kind and source of discharge to the wastewater facilities. The industry may request that such information be kept confidential. The industry must establish that the revelation to the public of the information in question might result in an advantage to competitors. SECTION 3. While performing the necessary work on private properties referred to in Article VIII, Section 1, above, the Superintendent or authorized employees of the Town shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the Town employees and the Town shall indemnify the company against loss or damage to his property by Town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such be caused by negligence or failure of the company to maintain safe conditions as required in Article VI, Section 8. SECTION 4. The Superintendent and other duly authorized employees of the Town bearing proper credentials and indentification shall be permitted to enter all private properties through which the Town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair, and maintenance of any portion of the sewage works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. ARTICLE IX Penalities SECTION 1. Any person found to be violating any provision of this Ordinance except Article VII, shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. SECTION 2. Any person who shall continue any violation beyond the time limit provided for in Article IX, Section 1, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in the amount not exceeding one Hundred Dollars ($100) for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. SECTION 3. Any person violating any of the provisions of this Ordinance shall become liable to the Town for any expense, loss, or damage occasioned the Town by reason of such offense. SECTION 4.Notwithstanding any of the foregoing provisions, the Superintendent may Institute any appropriate action including injunction or other proceedings to prevent, restrain, or abate violations hereof. ARTICLE X Rates SECTION 1. The Town's duly authorized representatives shall establish and maintain the user charge system in accordance with appropriate Federal and State Laws, rules, and regulations. SECTION 2. The Town's duly authorized representatives shall in establishing the rates referred to in Article X, Section 1, make specific reference to the sewer use rate structure in force at the time of any connection. SECTION 3. User charges for owners connected to the public sewer shall be computed as follows: UC = (C1 + C2) x MW Where: UC = the annual charge for sewer service C1 = the Towns estimated annual cost of operation and maintenance (including replacement) of Town wastewater facilities including administration C2 = the estimated annual charge for wastewater treatment assessed by the Great Northern Paper Company to the Town MW = metered water consumption of the owner (actual or estimated) TMW = the estimated total annual metered water consumption of all of all properties connected to public sewers of the Town SECTION 4. The Selectmen of the Town shall annually review and periodically revise rates charged against user of the Towns wastewater facilities. ARTICLE XI Validity SECTION 1. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. SECTION 2. The invalidity of any section, clause, sentence, or provision of this Ordinance shall not affect the validity of any other part of this Ordinance which can be given effect without such invalid part or parts. ARTICLE XII Ordinance in Force SECTION 1. This Ordinance shall be in full-force and effect from and after its passage, approval, recording, and publications as provided by law. SECTION 2. Passed and adopted by the Selectmen of the Town of East Millinocket, State of Maine on the 21st day May, 1985, by the following vote: Ayes 68 Nays none Approved this 21st day of May 1985 (Article 63) Signed: Richard Stratton (First Selectman) Claudene B. McLaughlin, Deputy Clerk Laura R. Ferguson, Clerk PROPERTY MAINTENANCE ORDINANCE SECTION 1 AUTHORITY This ordinance is enacted pursuant to Maine Revised Statutes Annotaed (M.R.S.A.), Title 30-A Section 3001. SECTION 2 SHORT TITLE This ordinance shall be known and cited as the Property Maintenance Ordinance of the Town of East Millinocket. SECTION 3 PURPOSE The purpose of this ordinance is to set a minimum standard for maintenance of the grounds of property in order to protect public health, public safety, property values, and to prevent nuisance conditions. SECTION 4 REQUIRED MAINTENANCE All grounds or parts thereof shall be maintained to prevent unsafe, unsanitary and/or nuisance conditions (according to the nuisance definition found in M.R.S.A. Title 17, Section 2802 and as shown in the Appendix) and to avoid any adverse effect on the value of adjoining properties. SECTION 5 GROUNDS MAINTENANCE STANDARDS The grounds of any property shall be kept in good repair and free of unsafe or unsanitary conditions. Such conditions may include containing: garbage, household trash, rubbish, junk, discarded plumbing, heating supplies, old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, waste and all scrap iron, steel, other scrap ferrous or nonferrous material, debris, scrap lumber, inoperable machinery or parts thereof, glass, unused and inoperable appliances, worn and unused furniture, and more than one unlicensed or uninspected vehicle. This section shall not be construed to prevent conforming uses allowed by the Land Use Ordinance of the Town of East Millinocket. SECTION 6 MAINTENANCE AFTER CASUALTY DAMAGE Within a period of 90 days after casualty (see Appendix) damage to property grounds or structures, the owner shall cause or contract (see Appendix) for the repair or restoration of damaged areas and the demolition of any areas not to be repaired and the removal of all debris connected therewith. The CEO may grant an extension under certain hardship conditions (see Section 9). SECTION 7 RESPONSIBILITIES Owners, operators, and occupants of properties in violation of this ordinance whall be jointly and severally liable for violations and for corrective and for corrective actions required. SECTION 8 ENFORCEMENT & PENALTIES This ordinance shall be enforced by the Code Enforcement Officer (CEO), or his or her designee. The CEO shall notify the violator, serving a written notice by certified mail or by hand delivery. Said notice shall explain the nature of the violation and require corrective action within 30 calendar days from the date of the receipt of the notice to correct the violation; 7 days for a health and/or safety violation. The violator may appeal the CEO�s decision to the Town of East Millinocket Selectmen. Appeals must be made within 7 days of notification by the CEO of a violation. In the case of an appeal the 30 days allowed to attain compliance shall start the day after the Selectmen have heard an unsuccessful appeal by the alleged violator. If a violation is not corrected within the time allowed the Town shall pursue all remedies and relief available by law and/or in equity for land use ordinances, including without limitation the remedies and relief provided in M.R.S.A. Title 30A Section 4452 currently including, without limitation, a penalty of $100 to $2,500 per day for a specific violation, injunctive relief and reasonable attorney fees, expert witness fees and costs. The Town shall retain all penalties set forth in this ordinance. The CEO may represent the Town in District Court, pursuant to Rule 80-K. However, should the services of the Town Attorney be required, in litigation in a higher court of law for example, the CEO shall first review the case with the Selectmen. The CEO may offer one (1) special extension per person/per incident of up to 180 days to violators of this ordinance under certain hardship or estenuating circumstances. If a violation is discovered during winter months (November 1 � April 1) and if winter weather prevents the correction of a violation an extension may be granted. Cases of disability of financial hardship shall also be grounds for the consideration of an extension. Violators requesting an extension for financial hardship shall be required to prove hardship through financial documentation. These extensions for seasonal, disability, or financial hardship shall be at the discretion of the CEO. SECTION 9 SEVERABILITY If any section, subsection, clause, paragraph, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portions shall be deemed to be a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. SECTION 10 CONFLICT WITH OTHER LAWS Whenever a provision of this Ordinance conflicts with or is inconsistent with another provision of this Ordinance or any other ordinance, regulation or statute, the provision imposing the greater restriction shall control. The newest version of this Ordinance shall be the one that is enforced. SECTION 11 EFFECTIVE DATE This ordinance shall be effective upon adoption by the Town of East Millinocket and may be amended in accordance with Town requirements for amending ordinances. ADOPTED: MAY 15, 2007 APPENDIX A DEFINITIONS Casualty Any unforeseeable, unintended accident affecting a property. Cause or contract For this ordinance, cause or contract as it appears in Section 5 includes the initiation of an insurance claim (as opposed to resolution), the contracting of a construction/repair business, or the substantial preparation for self-repair work. Garbage- The animal, vegetable and any other waste resulting from the handling, preparation, cooking or consumption of food. Grounds The part of a property not covered by permanent structures. Junk For this ordinance the term �junk� refers to dilapidated, discarded or worn out material(s) or objects. Nuisance Condition This term has been defined by M.R.S.A. Title 17 Section 2802. It reads as follows: The erection, continuance or use of any building or place for the exercise of trade, employment or manufacture which, by noxious exhalations, offensive smells, or other annoyances, become injurious and dangerous to the health, comfort or property of individuals, or of the public; causing or permitting abandoned wells or tin mining shafts to remain unfilled or uncovered to the injury or prejudice of others; causing or suffering any offal, filth or noisome substance to collect, or to remain in any place to the prejudice of others; obstructing or impeding, without legal authority, the passage of any navigable river, harbor or collection of water; corrupting or rendering unwholesome or impure the water of a river, stream, pond or aquifer; unlawfully diverting it from its natural course or state, to the injury or prejudice of others; and the obstructing or encumbering by fences, buildings or otherwise, of highways, private ways, streets, alleys, commons, common landing places or burying grounds are nuisances within the limitations and exceptions mentioned. Any places where one or more old, discarded, worn out or junked motor vehicles as defined in M.R.S.A. Title 29A, Section 101, subsection 42, or parts thereof, are gathered together, kept, deposited or allowed to accumulate, in such manner or in such location or situation, either within or without the limits of any highway, as to be unsightly, detracting from the natural scenery or injurious to the comfort and happiness of individuals and the public, and injurious to property rights, are declared to be public nuisances. Occupant Any person living, sleeping, or having actual possession of a dwelling unit, rooming unit or place of business. Operator Any person who has charge, care or control of a dwelling or property, or a part thereof, whether with or without the knowledge and consent of the owner. Owner Any person who, alone or jointly or severally with each other, shall have legal or equitable title to any property, with or without accompanying actual possession thereof or shall have charge or control of any dwelling unit as owner or agent of the owner or as fiduciary including but not limited to executor, administrator, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained. Property For this ordinance the term shall be defined as any lot, plot or parcel of land. Rubbish Combustible and noncombustible waste materials, except garbage, including but not limited to; paper, rags, cartons, boxes, wood, rubber, tires, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and other similar materials. Structure Anything built or constructed and permanently affixed on a property that cannot be considered grounds or landscaping. Unserviceable For the purposes of this ordinance the Town will rely on a Maine Supreme Court decision (Town of Pownal v. Emerson, 639 A.2d 619 (Me,1994); Town of Mt.Desert v. Smith, 2000ME 88, 751 A.2d. 445) which includes the following: unserviceable means not ready to use or presently useable as opposed to incapable of being serviced. APPENDIX B GENERAL Screening may be accomoplished by natural or man-made objects, plantings or properly constructed fences, any of which must completely screen the items from ordinary view from any portion of any public way or abutting property throughout the entire calendar year. All screening must be located outside of the public way right-of-way limits. Natural or man-made objects may be interpreted to be: 1. Hills, gullies, or embankments. Such man-made objects must be constructed to blend with the landscape with loaming and seeding or other treatment as may be necessary to establish a natural appearance. 2. Buildings or other installations. 3. Combinations of above. Exceptions: Tarps, plactic, paper, canvas or other similar type temporary covering material shall not be considered screening for the purposes of this ordinance. Plantings: Trees, shrubs, or other vegetation of sufficient height, density and depth of planting or growth to completely screen the junkyard from ordinary view from any highway within the prescribed distance throughout the entire calendar year may be used for screening. Fences: Fences shall be so located and of sufficient height to completely screen the property, materials or equipment from ordinary view from any public way or abutting property. It must be emphasized that height must be sufficient to accomplish the complete screening from ordinary view. All fences shall be well constructed and maintained. Only sound undamaged material, uniform in appearance, and erected in a workmanlike manner will be acceptable. Suggested Materials: Posts: Wood-Sound, round or square, preferable cedar, spruce, or fir. Preservative treatment is suggested. 4 x 4 minimum diameter (round). Metal Steel pipe or structural section steel either galvanized or base coat painted with rust inhibitive paint. All posts, to extend a minimum of 40 inches below ground level and to be set plumb. Recommended post spacing 8 to 12. End and corner posts to be diagonal braced to nearest adjacent post. Stringers: Minimum 2 x 4 Spruce or Fir Sound and free of excessive or weakening knots, and relatively free from wrap or wain, preferable treated with weather resistant preservative (paint or stain) after cutting to length. Solidly spike to wood posts or bolted to metal posts. Three stringers for 6 to 8 foot height of fence, 4 stringers for 10 to 12 foot height. Over 12 foot height would require a special design. Steel pipe or structural section stringers may be used. There should be either galvanized or base coat painted with rust inhibitive paint. Facing Materials Facing materials may be wood, composite, sheet metal or plastic. Although new material will not be a requirement, bent, damaged, poor quality, scrap, discarded, mixed or conglomerate materials will not be acceptable. Suggested materials would be sound, new or used boards; exterior grade hardboard or plywood; corrugated steel, aluminum, or plastic. It is suggested that all fastenings be galvanized nails, spikes, bolts, clamps, etc., and that all wood materials be treated with an exterior grade finish of stain or paint to preserve and prolong the life of the fence and to present a uniformity of appearance. Since wind damage is a problem with any fence, bracing may be required and certainly would be essential on any fence over 8 feet in height. In board fence construction, relief of wind pressure may be achieved by placing the boarding alternatively on outside and inside of stringers with the spacing to be such that the edges overlap enough to present a solid appearance and effectively screen the junkyard from ordinary view. Given under our hands this 30th day of April, 2007 A.D.
MARK C. SCALLY /s/ A copy of an ordinance entitled
East Millinocket Property Maintenance Ordinance,
as certified to me by the municipal officers of East Millinocket on the 30th
day of April 2007. OUTDOOR WOOD BOILERS ORDINANCE 86-01. TITLE. This ordinance shall be known as the Outdoor Wood Boilers Ordinance. 86-02. STATEMENT OF PURPOSE. The purpose of this ordinance are to ensure that outdoor wood boilers are operated in a manner that limit particulate discharges, create no nuisance to neighbors, and protect members of the community from harmful levels of smoke and other emissions. 86-03. LEGISLATIVE INTENT AND FINDINGS. A. Outdoor wood boilers are alternative sources for heat and hot water production and when operated improperly create significant amounts of particulate and smoke discharges that threaten public health, welfare, and safety. B. Outdoor wood boilers are becoming more common, but government at the federal and state levels has not yet addressed their emissions issues, although the U.S. Environmental Protection Agency is currently considering regulations for outdoor wood boilers. C. Most people in East Millinocket live within a tight compact area where significant emissions from outdoor wood boilers have very negative effects or potential effects on the personal health and enjoyment of property of residents. D. It is the intent of this chapter to serve the Town�s compelling interest to promote, protect, and improve the health, safety, and welfare of the citizens of East Millinocket by regulating outdoor wood boilers within its borders. E. Authority for this Ordinance is found in Article 8, Part 2, ss1 of the State of Maine Constitution, also known ad the �Home Rule� provision. 86-04. PERMIT REQUIRED. No person shall install, use, or maintain an outdoor wood boiler within the Town of East Millinocket without first having obtained a permit from the Code Enforcement Officer. Application for such permit shall be made to the Code Enforcement Officer on forms provided. The permit fee shall be $50.00 and this fee may be adjusted by Selectmen Order. Owners of outdoor wood boilers at the time this Ordinance takes effect shall be exempt from the permit fee, but will still be required to submit a permit application. 86-05. EXISTING OUTDOOR WOOD BOILERS. Any outdoor wood boiler in existence, installed, and operating/operable on the effective date of this ordinance shall be allowed to remain provided that the owner applies for and receives a permit from the Code Enforcement Officer within sixty (60) days of such effective date, provided, however, that upon the effective date of this ordinance all the provisions hereof, except for those found in Section 86-06, Paragraph B below, shall immediately apply to existing outdoor wood boilers. All of the provisions of the ordinance shall continue to apply to existing outdoor wood boilers which receive permits, except in Section 86-06, Paragraph B. If the owner of an outdoor wood boiler does not receive a permit within sixty (60) days of the effective date of this ordinance, the owner shall immediately cease operations of the boiler until such time as the conditions for a permit are met. Existing or in existence means that the outdoor wood boiler is in place on site.
86-06. SPECIFIC REQUIREMENTS. A. Permitted Fuel. Only seasoned firewood and untreated lumber are permitted to be burned in an outdoor wood boiler. Burning of any and all other materials in an outdoor wood boiler is expressly prohibited. B. Distance Requirement. No outdoor wood boiler shall be installed less that 50 feet from a neighboring residence. On lots of three (3) or more acres, a property owner shall install a boiler no less that 100 feet from any lot line. C. Emissions maximum. Particulate discharges shall be no greater than 27.4 grams per 100,000 British Thermal Units (BTU0 per hour, as rated by a certified testing laboratory for the outdoor wood boiler unit. Should the U.S. Environmental Protection Agency or the Maine Department of Environmental Protection adopt a stricter emissions standard, that stricter standard shall be automatically considered as adopted by this Chapter. The outdoor boiler shall be required to display a listing plate on the unit that certifies that the unit is in compliance with the appropriate emissions standard, as determined by a qualified testing facility using appropriate and applicable Underwriter Laboratories standards. D. Certification. Any outdoor wood boiler located in East Millinocket shall be certified to Standard 391 of Underwriters Laboratories (UL). E. Stack Height. The stack height of an outdoor wood boiler will be at least 24 inches above the roof line of the closest neighbors� residence abutting the property where the boiler is installed. On lots of three (3) or more acres, a property owner shall install a stack of no less than twelve (12) feet high. F. Months of Operation. Outdoor wood boilers may be operated only between October 15 and April 15 of each year. G. Replacements. If an outdoor wood boiler is replaced or upgraded, a permit shall be required pursuant to Section 86-04 above and shall comply with all Sections of this ordinance. 86-07. SUSPENSION OF PERMIT. A permit issued pursuant to this ordinance may be suspended as the Code Enforcement Officer deems necessary to protect the public health, safety, and welfare of the residents of the Town of East Millinocket. Grounds for suspension of the permit shall include, but not be limited to, malodorous air contaminants caused by the burning of non-permitted materials in the outdoor wood boiler or by the operation of the outdoor wood boiler that are detectable on the property of neighbors of the person on whose land the boiler is located. A suspended permit may be reinstated once the condition that caused the suspension is remedied and reasonable assurances are given that such condition will not recur. Recurrence of a condition, which has previously resulted in suspension of a permit , shall be considered a violation of this chapter and be subject to the penalties provided in Section 86-09 below. 86-08. APPEALS AND WAIVERS A. Appeals. An outdoor wood boiler owner may appeal, in writing, the Code Enforcement Officers denial or suspension of a permit to the East Millinocket Town Selectmen . The Selectmen will consider such appeals in open session and may include, at its discretion, testimony by the property owner, testimony by the Code Enforcement Officer, witnesses, and members of the general public. Any appeals upheld by the Selectmen must find, at a minimum, that the Code Enforcement Officer substantially deviated from the conditions detailed in this chapter and state specifically what those deviations were as part of its decision. If the decision of the Code Enforcement Officer is upheld, the suspension of the permit will continue until such time as the boiler is brought into compliance with this chapter or discontinued from use. During the appeal process, however, the outdoor wood boiler shall not be used in order to protect the health, safety, and welfare of the neighborhood. B. Waivers. The Town Selectmen shall retain the authority to grant waivers under this chapter due to extraordinary and undue hardship, upon written request of an affected property owner to the Selectmen. The Selectmen shall consider the waiver request in open session and may include, at its discretion, testimony of the property owner the Code Enforcement Officer, and members of the general public. Any waiver granted shall not have effect of nullifying the intent and purposes of this chapter and the Selectmen may impose such conditions and requirements as it deems reasonable and prudent. If the Selectmen denies the waiver request, the outdoor wood boiler in question must be brought into full compliance with this chapter or its use be discontinued immediately. 86.09. PENALTIES. Violations of this chapter shall be deemed a civil infraction and violators may be summonsed by the Code Enforcement Officer to Maine District Court or other court of competent jurisdiction. The owner of an offending outdoor wood boiler shall be assessed a penalty of $100.00 and each day the violation continues may be considered as a separate offense. The maximum accumulated penalty for such offenses shall not exceed $1,000.00. For a third or subsequent violation, the property owners permit shall be revoked in addition to any monetary penalty. The owner shall not be eligible for another permit. Should the services of the Town Attorney be required, however, the Town shall also be eligible to receive reasonable legal fees in addition to any penalties imposed under this section. 86.10. DEFINITIONS. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them hereunder, except where the context clearly indicates a different meaning: FIREWOOD means trunks and branches of trees and bushes, but does not include leaves, needles, or vines. OUTDOOR WOOD BOILER means any equipment, device, or apparatus, or any part thereof, that is installed, affixed or situated outdoors, or within an enclosure or building not directly and permanently attached to the residence or principal structure for the purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any swimming pool, Jacuzzi, or interior space. SEASONED FIREWOOD means wood of any species that has been sufficiently dried so as to contain 25% or less moisture by weight. UNTREATED LUMBER means dry wood that has been milled and dried, but has not been treated or combined with any petroleum product, chemical, preservative, glue, adhesive, stain, paint, or other substance. It may not contain nails, screws, or other similar attachments that, when burned, could create a threat to public health, safety, or welfare. 86-11. SEVERABILITY. Should any section, sub-section, paragraph, or other provision of this chapter be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the chapter as a whole, or of any part thereof, other than the part held to be invalid. 86-12. EFFECTIVE DATE. This ordinance shall be effective upon adoption by the Town of East Millinocket and may be amended in accordance with Town requirements for amending ordinances. May 15, 2007 Given under our hands this 30th day of April, 2007 A.D. MARK C. SCALLY,
CHAIRMAN A COPY OF AMENDMENTS TO EAST MILLINOCKET OUTDOOR WOOD BOILERS ORDINANCE , AS CERTIFIED TO ME BY THE MUNICIPAL OFFICERS OF EAST MILLINOCKET ON THE 30TH DAY OF APRIL 2007. ATTEST: LAURA R. FERGUSON, TOWN CLERK OF EAST MILLINOCKET |
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