TOWN OF BRIDGTON
ORDINANCE RESTRICTING VEHICLE WEIGHT ON POSTED WAYS
Enacted: March 13, 2006 (Board of Selectmen)
Section 1. Purpose and Authority
The purpose of this “Ordinance Restricting Vehicle Weight on Posted Ways”
(hereinafter, the “Ordinance”) is to prevent damage to town ways and bridges in
the Town of Bridgton which may be caused by vehicles of excessive weight, to
lessen safety hazards and the risk of injury to the traveling public, to extend
the life expectancy of town ways and bridges, and to reduce the public expense
of their maintenance and repair. This Ordinance is adopted pursuant to 30-A
M.R.S.A. §3009 and 29-A M.R.S.A. §2395 and §2388.
Section 2. Definitions
The definitions contained in Title 29-A M.R.S.A. shall govern the construction
of words contained in this Ordinance. Any words not defined therein shall be
given their common and ordinary meaning.
Section 3. Restrictions and Notices
The municipal officers may, either permanently or seasonally, impose such
restrictions on the gross registered weight of vehicles as may, in their
judgment, be necessary to protect the traveling public and prevent abuse of the
highways, and designate the town ways and bridges to which the restrictions
shall apply.
Whenever notice has been posted as provided herein, no person may thereafter
operate any vehicle with a gross registered weight in excess of the restriction
during any applicable time period on any way or bridge so posted unless
otherwise exempt as provided herein.
The notice shall contain, at a minimum, the following information: the name of
the way or bridge, the gross registered weight limit, the time period during
which the restriction applies, the date on which the notice was posted, and the
signatures of the municipal officers. The notice shall be conspicuously posted
at each end of the restricted portion of the way or bridge in a location clearly
visible from the traveled way.
Whenever a restriction expires or is lifted, the notices shall be removed
wherever posted. Whenever a restriction is revised or extended, existing notices
shall be removed and replaced with new notices. No person may remove, obscure or
otherwise tamper with any notice so posted except as provided herein.
Section 4. Exemptions
Vehicles that are exempt from the Maine Department of Transportation’s (MDOT)
“Rules and Regulations Restricting Heavy Loads on Closed Ways” dated December
31, 1996 and amended on March 4,
1998, a copy of which is attached hereto and is hereby incorporated as part of
this Ordinance, are exempt from this Ordinance; provided however, any vehicle in
excess of 23,000 pounds must obtain a permit from the municipal officers
pursuant to Section 5 of this Ordinance.
Section 5. Permits
The owner or operator of any vehicle not otherwise exempt as provided herein may
apply in writing to the municipal officers for a permit to operate on a posted
way or bridge notwithstanding the restriction. The municipal officers may issue
a permit only upon all of the following findings:
a. No other route is reasonably available to the applicant;
b. It is a matter of economic necessity and not mere convenience that the
applicant use the way or bridge; and
c. The applicant has tendered cash, a bond or other suitable security running to
the municipality in an amount sufficient, in their judgment, to repair any
damage to the way or bridge which may reasonably result from the applicant’s use
of same.
Even if the municipal officers make the foregoing findings, they need not issue
a permit if they determine the applicant’s use of the way or bridge could
reasonably be expected to create or aggravate a safety hazard or cause
substantial damage to a way or bridge maintained by the municipality. They may
also limit the number of permits issued or outstanding as may, in their
judgment, be necessary to preserve and protect the highways and bridges.
In determining whether to issue a permit, the municipal officers shall consider
the following factors:
a. The gross registered weight of the vehicle;
b. The current and anticipated condition of the way or bridge;
c. The number and frequency of vehicle trips proposed;
d. The cost and availability of materials and equipment for repairs;
e. The extent of use by other exempt vehicles; and
f. Such other circumstances as may, in their judgment, be relevant.
The municipal officers may issue permits subject to reasonable conditions,
including but not limited to restrictions on the actual load weight and the
number or frequency of vehicle trips, which shall be clearly noted on the
permit.
Section 6. Administration and Enforcement
This Ordinance shall be administered and may be enforced by the municipal
officers or their duly authorized designated representative, the road
commissioner.
Section 7. Penalties
Any violation of this Ordinance shall be a civil infraction subject to a fine of
not less then $250.00 nor more than $1,000.00. Each violation shall be deemed a
separate offense. In addition to any fine, the municipality may seek restitution
for the cost of repairs to any damaged way or bridge and reasonable attorney
fees and costs. Prosecution shall be in the name of the municipality and shall
be brought in the Maine District Court.
Section 8. Amendments
This Ordinance may be amended by the municipal officers at any properly noticed
meeting.
Section 9. Severability; Effective Date
In the event any portion of this Ordinance is declared invalid by a court of
competent jurisdiction, the remaining portions shall continue in full force and
effect. This Ordinance shall take effect immediately upon enactment by the
municipal officers at a properly noticed meeting.