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2016
Washington Maine Selected Ordinances
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Washington (Me.). Municipal Officials, "Washington Maine Selected Ordinances" (2016). Maine Town Documents. 7045. https://digitalcommons.library.umaine.edu/towndocs/7045
Town of Washington
Board of Assessment Review
Ordinance
Enacted 27 March 1987
Amended 31 March 2001
To designate the Board of Appeals as the Board of Assessment Review as provided by 30A MRSA Section 2526, Paragraph 6E.
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TOWN OF WASHINGTON, MAINE
BOARD OF APPEALS ORDINANCE
ADOPTED
29 MARCH, 2013
This is to certify that this ordinance was adopted by a majority of the secret ballot vote on Article 4 at the Annual Town Meeting held March 29, 2013.
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Board of Appeals Ordinance
Section 1 Establishment
There is hereby established a board of appeals pursuant to 30-A M.R.S.A. § § 2691 and 3001.
Section 2 Appointment
2.1. Members of the board of appeals shall be appointed by the municipal officers, who shall determine their compensation, and shall be sworn by the municipal clerk or other person authorized to administer oaths.
2.2. The board shall consist of five (5) regular members and two (2) alternate members. 2.3. Regular members shall serve five (5) year staggered terms. Alternate board members
shall be appointed for one year terms.
2.4. When there is a permanent vacancy, the municipal officers shall appoint a person to serve for the unexpired term. A vacancy shall occur upon the resignation or death of any member, or when a member fails to attend four (4) consecutive regular meetings without a reasonable excuse, or when a member ceases to be a legal resident of the municipality. The municipal officers may remove members of the board of appeals by majority vote, after providing notice and an opportunity for a hearing.
2.5. Neither a municipal officer nor his or her spouse may serve as a member or alternate member of the board of appeals.
2.6 The municipal officers may dismiss a member of the board for cause before the member's term expires.
Section 3 Organization, Rules, and Procedures
3.1. The board shall elect a chairperson and a secretary from among its full voting members and create and fill such other offices as it may determine. The term of all offices shall be one (1) year with eligibility for reelection. The board shall elect annually a chairperson and a secretary from its membership
3.2. When a member is unable to act because of interest, physical incapacity, absence or any other reason satisfactory to the chairperson, the chairperson shall designate an alternate member to sit in his or her place.
3.3. Any question of whether a particular issue involves a conflict of interest sufficient to disqualify a member from voting thereon shall be decided by a majority vote of the members, except the member who is being challenged.
3.4. An alternate member may attend all meetings of the board. He/she may ask questions or offer comments and may make and second motions and vote only when he or she has been designated by the chairperson to sit for a member.
3.5. The chairman shall call meetings of the board as required. The chairman shall also call meetings of the board when requested to do so by a majority of the members or by the municipal officers. A quorum of the board necessary to conduct an official board meeting must consist of at least a majority of the board's members. The chairman shall preside at all meetings of the board and be the official spokesman of the board. No action shall be taken by the board without at least three (3) concurring votes on the issue before the
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board. Notice of regular, special and emergency meetings shall be given in accordance with the Maine Freedom of Access Act.
3.6. The secretary shall maintain a permanent record of all board meetings and all
correspondence of the board. The secretary is responsible for maintaining those records which are required as part of the various proceedings which may be brought before the board. All records to be maintained or prepared by the secretary are public records. They shall be filed in the municipal clerk's office and may be inspected at reasonable times. 3.7 The board may receive any oral or documentary evidence but shall provide as a matter of
policy for the exclusion of irrelevant, immaterial or unduly repetitious evidence. Every party has the right to present the party's case or defense by oral or documentary evidence, and to submit rebuttal evidence.
3.8 The transcript or tape recording of testimony, if such a transcript or tape recording has been prepared by the board, and the exhibits, together with all papers and requests filed in the proceeding, constitute the public record. All decisions become a part of the record and must include a statement of findings and conclusions, as well as the reasons or basis for the findings and conclusions, upon all the material issues of fact, law or discretion
presented and the appropriate order, relief or denial of relief. Notice of any decision must be mailed or hand delivered to the petitioner, the petitioner's representative or agent, the planning board, agency or office and the municipal officers within 7 days of the board's decision.
3.9 The board may reconsider any decision reached under this section within 45 days of its prior decision. A request to the board to reconsider a decision must be filed within 10 days of the decision that is to be reconsidered. A vote to reconsider and the action taken on that reconsideration must occur and be completed within 45 days of the date of the vote on the original decision. The board may conduct additional hearings and receive additional evidence and testimony
3.10 Any party may take an appeal, within 45 days of the date of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with the Maine Rules of Civil Procedure, Rule 80B. This time period may be extended by the court upon motion for good cause shown. The hearing before the Superior Court must be without a jury.
Section 4 Powers and Duties
This Ordinance grants the Appeals Board to hear an Appeal of the following:
4.1 Administrative Appeal: A decision or violation order of the Code Enforcement Officer and/or a decision of the Planning Board. Power and duties with regard to administrative Appeals:To affirm, modify, remand with instructions, or vacate the action of the Town Planning Board or Code Enforcement Officer in issuing or denying building or other permits, or failure of the Planning Board to render a decision, when it is alleged that there is an error in any order, requirement, decision, or determination in the enforcement of this Ordinance. In modifying or vacating the previous decision, the Appeals Board must decide that the previous decision was contrary to the Ordinance or was not substantiated by evidence in the record.
4.2 Variance Appeal: Requests for a Variance. Power and duties with regard to Variance: To approve, approve with conditions, or disapprove appeals for variances from the strict
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enforcement of the provisions of this Ordinance only as they relate to the space and bulk standards of the district regulations and the performance standards of this Ordinance, according to the terms of Section 5 of this Article. A variance shall not be granted to allow a use or an expansion of a use in a district in which the use is prohibited.
4.3 Interpretation Appeal: Request to interpret provisions of any Ordinance adopted by the Town of Washington. Power and duties with regard to Interpretation Appeal: The Appeals Board may also hear appeals or consider applications under this Ordinance, whenever there is uncertainty as to the meaning and/or intent of any part of this Ordinance. The Appeals Board shall have the power to interpret such part.
4.4 Abatement Appeal: To hear and decide all appeals properly taken from the refusal of the Municipal Officers or Assessors to make such property tax abatements as are asked for 4.5. The board of appeals shall adopt bylaws governing board functions.
4.6. The board of appeals may adopt rules and procedures for transaction of business, and the secretary shall keep a record of its resolutions, transactions, correspondence, findings, and determinations.
4.7. The board of appeals shall file all bylaws, rules and procedures and subsequent revisions, and decisions with the municipal clerk.
4.8. The board of appeals shall perform such duties and exercise such powers as are provided by ordinance and the laws of the State of Maine.
4.9. The board of appeals may obtain goods and services necessary to its proper function within the limits of appropriations made for the purpose by the legislative body of the municipality.
Section 5 Administrative Appeals
5.1 Procedure to be followed for an Administrative Appeal:
5.1.1 Complete the application for an Administrative Appeal (An administrative Appeal must be filed with 30 days of the written decision)
5.1.1.1 Attach a copy of the written action of the planning board and/or the Code Enforcement Officer.
5.1.1.2 Pay required fee (as required by fee structure adopted by the board of selectmen.
5.1.1.3 Submit application and submissions to the Town clerk who shall provide the appellant with a dated receipt.
5.1.1.4 The code enforcement officer shall review the application and forward application to the Appeals Board chair for scheduling
5.1.1.5 The Appeals Board Chair shall schedule a pre hearing conference 5.1.1.6 The Appeals Board shall schedule a public hearing at the pre application
meeting 5.1.2 Public Hearing:
5.1.2.1 The Board of Appeals shall conduct a public hearing, which shall be advertised at least ten days in advance in a local newspaper and posted in other places usually used for public notices, at the expense of the applicant. The notice shall contain a clear and concise statement of the appeal to be addressed. The appellant, the selectmen, and the Planning Board shall be notified in writing at least ten days prior to the scheduled hearing. At least ten days before the hearing, the Board, or the Town
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Clerk on behalf of the Board, shall notify by mail the owners of
properties lying within 1,000 feet of the property for which the appeal or application is being made. The owners of properties shall be considered to be those persons against whom taxes are assessed.
5.1.2.2 The Code Enforcement Officer, unless prevented by illness or other good cause, shall attend all hearings of the Board.
5.1.2.3 The Board of Appeals shall reach a decision within 10 working days and shall not continue hearings to a future date except for good cause. 5.1.2.4 Written notice of the decision of the Board shall be sent to the
Appellant, the Code Enforcement Officer, the Selectmen, and the Planning Board within seven days of its decision.
5.2 Any person aggrieved by an action of the Planning Board or Code Enforcement Officer pursuant to this Ordinance may file a request for appeal in writing within 30 days of the granting or denial of approval from the Planning Board or Code Enforcement Officer, or within 60 days of the date of application, if no action has been taken by the Town Planning Board or Code Enforcement Officer.
5.2.1. The request of appeal shall state the exact portions of the decision that are being appealed, and the legal grounds for appeal.
5.2.2. The appellant shall file this request for appeal with the Town Clerk, who shall issue a dated receipt and within 5 business days forward the appeal to the
Chairman of the Board of Appeals. After receiving the appeal from the Clerk, the Chairman of the Board of Appeals shall, schedule a pre-hearing conference within 14 days and shall timely notify the applicant in writing of the pre-conference, and shall provide the applicant with a copy of the Board of Appeals bylaws.
5.2.3. If such appeal is not made within 30 days, the decision of the Planning Board or Code Enforcement Officer shall be final.
5.2.4. The fee to accompany a completed request for administrative appeals shall be determined according to the fee schedule set by the Board of Selectmen. The applicant shall be required to cover the costs of advertising, postal notification and dissemination of information for the appeals hearing.
5.2.5. No activity may be started under a permit granted herein that is the subject of an appeal before the Washington Board of Appeals.
5.3. The Board of Appeals at the pre-hearing conference shall:
5.3.1. Set a hearing date within 35 days or other date certain as mutually agreed by all parties; and
5.3.2. Determine the standing, grounds, and process of the hearing per the Appeals Board bylaws.
5.4. The Appeals Board shall schedule the hearing, give notice, and set the agenda.
5.4.1. The Appeals Board shall cause notice of the date, time and place of said hearing, the location of the proposed activity and the issues raised in the appeal, to be given in writing to the appellant, permit holder and/or applicant and published in a newspaper of general circulation in the Town at least two times. See Section 5.1.2 for Public Hearing procedures.
5.4.2. The Board of Appeals shall also cause written notice by mail or hand delivery of the hearing be given to the appellant, permit holder and/or applicant, the
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Selectmen, the Planning Board, the Code Enforcement Officer, and all property owners within 1,000 feet of the boundaries of the proposed activity at least 14 days prior to the date of the hearing at the cost of the appellant.
5.4.3. Notice shall be posted in such public places as a notice of a Town Meeting. 5.4.4. Upon request, the applicant at the applicant’s expense must supply a copy of the
request for appeal to any of the owners of properties so mentioned. 5.4.5. The applicant shall be required to cover the costs of advertising, postal
notification and dissemination of information for the appeals hearing. Payment of these costs payable to the Town of Washington shall be made prior to the start of the hearing.
5.5 Following such hearing, the Board of Appeals shall have the power to interpret this Ordinance and may affirm, modify, remand with instructions, or vacate the decision of the Planning Board or of the Code Enforcement Officer.
5.5.1. The appeal shall not be a de novo hearing, except in the case of an appeal from a Stop Work Order or other action by the Code Enforcement Officer.
5.5.2. The Board of Appeals shall render a finding of facts and conclusions in writing to the appellant and/or applicant, Planning Board Chairman, Code Enforcement Officer, and the Selectmen within 30 days of the decision.
Section 6 Variance Appeal
6.1 Procedure to be followed for a Variance Appeal: 6.1.1 Complete the application for Variance Appeal
6.1.1.1 Attach a written statement outlining the basis for the variance request 6.1.1.2 Pay required fee (as required by fee structure adopted by the board of
selectmen.
6.1.1.3 Submit application and written statement to the Town clerk who shall provide the appellant with a dated receipt.
6.1.1.4 The code enforcement officer shall review the application and forward application to the Appeals Board chair for scheduling
6.1.1.5 The Appeals Board Chair shall schedule a pre application meeting 6.1.1.6 The Appeals Board shall schedule a public hearing at the pre hearing
conference. 6.1.2 Public Hearing
6.1.2.1 The Board of Appeals shall conduct a public hearing, which shall be advertised at least ten days in advance in a local newspaper and posted in other places usually used for public notices, at the expense of the applicant. The notice shall contain a clear and concise statement of the appeal to be addressed. The appellant, the selectmen, and the Planning Board shall be notified in writing at least ten days prior to the scheduled hearing. At least ten days before the hearing, the Board, or the Town Clerk on behalf of the Board, shall notify by mail the owners of
properties lying within 500 feet of the property for which the appeal or application is being made. The owners of properties shall be considered to be those persons against whom taxes are assessed.
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6.1.2.2 The Code Enforcement Officer, unless prevented by illness or other good cause, shall attend all hearings of the Board.
6.1.2.3 The Board of Appeals shall reach a decision within 10 working days and shall not continue hearings to a future date except for good cause.
6.1.2.4 Written notice of the decision of the Board shall be sent to the Appellant, the Code Enforcement Officer, the Selectmen, and the Planning Board within seven days of its decision.
6.2.1. Application for a variance shall be made to the Town Clerk on forms provided for that purpose, accompanied by a fee determined according to the fee schedule set by the Board of Selectmen. In addition, the applicant shall be responsible for costs of advertising and mailing associated with the application.
6.2.2. The application shall clearly state the location of the property, the relief sought, and the reason(s) for requesting the variance.
6.2.3. The application shall include a drawing to approximate scale showing the proposed location of the building or structure and its relationship to the lot’s property lines and any adjacent road or right-of-way, including all setbacks and other pertinent dimensions.
6.3 Variance from Dimensional Standards
The Washington Board of Appeals may grant a variance from dimensional standards of lot area, lot coverage, frontage and setback requirements, when strict application of the dimensional standards would cause a practical difficulty and when all of the following conditions exist:
6.3.1. The need for a variance is due to unique circumstances of the property and not to the general conditions of the neighborhood; and
6.3.2. The granting of the variance will not produce an undesirable change in the character of the neighborhood and will not unreasonably detrimentally affect the use or market value of abutting properties; and
6.3.3. The practical difficulty is not the result of action taken by the petitioner or a prior owner; and
6.3.4. No other feasible alternative is available to the petitioner; and
6.3.5. The granting of the variance will not unreasonably adversely affect the natural environment; and
6.3.6. The property is not located in whole or in part within the Washington Shoreland Zone.
“Practical Difficulty” means that the strict application of the Ordinance to the property precludes the ability of the petitioner to pursue a use permitted in the land use district in which the property is located and results in significant economic injury to the petitioner. 6.4. Standards in Shoreland Areas
Prior to voting to grant a variance, the Board of Appeals shall review the application and find that the following standards have been met:
6.4.1.That a literal interpretation of the requirements of this Ordinance will impose an undue hardship on the property owner. The term “undue hardship” shall mean specifically that:
6.4.1.1 The land in question cannot yield a reasonable return unless a variance is granted; and
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6.4.1.2 The need for the variance is due to unique circumstances of the property and not to the general conditions of the neighborhood; and
6.4.1.3. The hardship is not the result of action taken by the applicant or a prior owner.
6.4.2.That the granting of the variance will not alter the essential character of the locality.
6.4.3.Any variance granted by the Board of Appeals shall be the minimum variance from the terms of the Ordinance as will relieve the hardship pleaded.
6.5. Additional Criteria in Shoreland Areas
Prior to voting to grant a variance within the mandated shoreland area, the Board of Appeals shall find that the proposed variance meets the following criteria:
6.5.1. Will not result in unsafe or unhealthful conditions; 6.5.2. Will not result in unreasonable erosion or sedimentation; 6.5.3. Will not result in water pollution;
6.5.4. Will not result in unreasonable damage to spawning grounds, fish, aquatic life, bird and other wildlife habitat;
6.5.5. Will reasonably conserve shoreland vegetation;
6.5.6. Will reasonably conserve visual points of access to waters as viewed from public facilities;
6.5.7. Will conserve actual points of public access to waters; 6.5.8. Will reasonably conserve natural beauty; and
6.5.9. Will reasonably avoid problems associated with flood plain development and use.
A copy of all variances requests shall be submitted to the Department of Environmental Protection fourteen (14) days prior to the public hearing
6.6. Reapplication
If the Board of Appeals shall deny a variance, a second request of a similar nature shall not be brought before the Board within two years from the date of the first request, unless in the opinion of the majority of the Board, substantial new evidence can be brought forward, or unless the Board finds that an error of law or misunderstanding of facts has been made, or unless amendment has been made to this Ordinance which changes the status, circumstances, or conditions of the matter which was appealed. 6.7. Duration of Variances
Provided all conditions and standards of approval are met, and provided the applicant records the variance at the Knox County Registry of Deeds within 90 days of written approval, as specified in Title 30-A MRSA §4353 (5), a variance shall be a permanent grant of permission and shall “run with the land.”
6.8. Disability Variance
The Board of Appeals may grant a variance to an owner of a dwelling for the purpose of making that dwelling accessible to a person with a disability who resides in or regularly uses that dwelling. The Board shall restrict any variance granted under this subsection solely to the installation of equipment or the construction of structures necessary for access to or egress from the dwelling by the person with the disability. The Board may impose conditions on the variance, including but not limiting the variance to the duration
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of the disability or to the time that person with the disability lives in the building. For the purposes of this subsection, a disability has the same meaning as a physical or mental handicap under Title 5 MRSA §4553, and the term “structures necessary for access to or egress from the dwelling” is defined to include the railing, wall, or roof systems
necessary for the safety or effectiveness of the structure. Section 7 Interpretation Appeal:
The Appeals Board may also hear appeals or consider applications under this Ordinance, whenever there is uncertainty as to the meaning and/or intent of any part of this Ordinance. The Appeals Board shall have the power to interpret such part.
7.1 Procedure to be followed for an Interpretation Appeal:
7.1.1 The appellant requesting an interpretation of a word or phrase contained in any of the Municipal Ordinances adopted by the Town of Washington shall complete the application for such an interpretation to the town clerk and pay the fee required by the fee structure adopted by the board of selectmen
7.1.2 The Appeals Board shall provide the appellant with a written interpretation within 30 days of its decision
Section 8 Abatement Appeal:
8.1 Procedure to be followed for an Abatement Appeal:
8.1.1 The appellant shall complete an application for an Abatement Appeal and provide information regarding the property for which the abatement is being filed.
8.1.2 The appellant shall pay the fee required by the fee structure adopted by the board of selectmen
8.2 The board may take such evidence and testimony as it deems necessary and may grant such abatements as it thinks is proper. If the board fails to give written notice of its decision within 60 days of the date of the appeal the appeal is filed , unless the appellant agrees in writing to further delay, the appeal shall be deemed denied. The board’s decision may be appealed in accordance with 36 M.R.S.A. § 843
Section 9 Appeal of Board of Appeals Action
An appeal may be taken from any decision of the Board of Appeals to the Superior Court, within 30 days of the date of the vote on the original decision, to Superior Court from any order, relief or denial in accordance with the Maine Rules of Civil Procedure, Rule 80B. This time period may be extended by the court upon motion for good cause shown. The hearing before the Superior Court must be without a jury.
Section 10 Severability Clause
Should any section or provision of this ordinance be declared by the courts to be invalid, such decision shall not invalidate any other section or provision of this ordinance.
Section 11 Applicability
This ordinance shall apply to the following Town Ordinances: 11.1 Land Use Ordinance
11.2 Mining Ordinance 11.3 Subdivision Ordinance
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11.4 Holding Tank Ordinance 11.5 Mobile Home Park Ordinance 11.6 Floodplain Management Ordinance
WASHINGTON DOG CONTROL ORDINANCE - JUNE 23, 2004 - PAGE 1
Town of Washington, Maine
DOG CONTROL ORDINANCE
SECTION 1. PURPOSE & ADMINISTRATION.
A. This ordinance is adopted in the exercise of municipal home rule powers under the Maine Constitution and 30-A M.R.S.A. Section 3001.
B. The purpose of this Ordinance is to
1. Provide for the health, safety, and security of the citizens of Washington, Maine; 2. Provide for the humane treatment of dogs; and
3. Hold owners responsible for the conduct of their dogs.
C. Dangerous dogs, dogs running at large, and habitual ba rking dogs are hereby declared to be a public nuisance.
D. The Town of Washington Animal Control Officer shall enforce this Ordinance. Any officer as designated by the Selectmen, Maine Game Wardens, or other State Official charged with animal control dutie s may enforce this Ordinance in the absence of the ACO.
SECTION 2. DEFINITIONS.
In general, all words and terms used in this Ordinance shall have their customary dictionary meanings. More specifically, certain words and terms are described below.
A. “Town” means the Town of Washington, Maine.
B. “Animal Control Officer” and “ACO” mean the municipal official appointed by the Selectmen of the Town whose duties are as follows:
1. Enforcing the Maine Animal Welfare Laws, 7 M.R.S.A. §§ 3911, 3912, 3921, 3924, 3943, 3948, 3950, 3950-A, 3966 through 3970, and any other State laws imposing duties upon ACO’s;
2. Responding to reports of animals suspected of having rabies in accordance with 22 M.R.S.A. §§ 1313 and 1313-A and performing other duties relating to rabies imposed on ACO’s by State law; 3. Performing other duties to control animals as required by the municipal job description or by
legislative action.
C. “Attack,” “attacks,” and “attacking” mean an unprovoked actual biting or an action of imminent physical harm to a person, a domestic pet, or farm animal.
D. “Dog” includes both male and female canines.
E. “Owner” means any person or persons, firm, association, corporation, or other legal entity amenable to civil process, owning, keeping, or harboring, or in possession of, or having control of a dog, and includes the parent or parents, or guardian, of a minor who owns, keeps, harbors, or is in possession of a dog.
F. “Dangerous dog” means the following, regardless of whether the dog is on or off the premises of its owner at the relevant time:
1. A dog that attacks a person, regardless of whether it causes physical harm to the person, provided at the time of the attack the person is not trespassing with criminal intent on the owner’s premises.
2. A dog that att acks a domestic pet or farm animal and causes harm to the domestic pet or farm animal.
G. “Running at large” means off the premises of and not under the control of the dog’s owner.
H. “Domestic animals” shall include, but not be limited to, dogs, cats, cows, horses, pigs, sheep, goats, and chickens and other fowl being kept for domestic purposes. For the purposes of this Ordinance, this term does not include birds of prey or any animal normally considered as wild, but held in captivity for any purpose.
WASHINGTON DOG CONTROL ORDINANCE - JUNE 23, 2004 - PAGE 2
I. “Abandoned” means the condition under which an animal is not properly fed, groomed or housed in accordance with the Maine Animal Welfare Laws.
J. “Public nuisance” means a use of property or course of conduct that interferes with the legal rights of others by causing damage, annoyance, or inconvenience.
K. “Compliance order” means an enforcement order issued by the Town ACO, or by any officer as designated by the Washington Board of Selectmen which shall demand that the owner or keeper obtain a license from the Washington Town Clerk for such dog within seven (7) days from the day of issuance,
L. “Under restraint” means physically capable of controlling the dog by a leash, cord, chain, or by voice command control to which the dog is obedient.
M. “Abused” means to treat an animal in any manner that violates any section or subsection of Title 7, M.R.S.A., Chapter 739, “Cruelty to Animals”.
SECTION 3. IDENTIFICATION, PROOF OF VACCINATION AND LICENSING.
A. All dogs older than six months shall be licensed in accorda nce with 7 M.S.R.A. Section 3922, et. seq. B. It shall be unlawful for any owner, or keeper of any dog or dogs six (6) months or older to keep or
maintain a dog unless the owner has a current certificate of rabies vaccination.
C. Failure to timely exhibit to the Clerk, or produce on demand of the ACO or other officer authorized to enforce the provisions of this Ordinance, proof of vaccination, shall be prima facie evidence that said dog has not been vaccinated.
D. The owner or keeper of any dogs aged six (6) months or older, except dogs kept under a kennel license together with a Washington Land Use Ordinance Conditional Use Permit, if such permit is applicable, shall, on or before January first annually, or at such other time as such dog or dogs become si x (6) months old, or within 10 days after said dog or dogs are brought into the Town, cause such dog or dogs to be licensed in accordance with 7 M.R.S.A. § 3923-A, -B, -C, and -D.
E. A current tag showing the year such license is issued, and bearing such other data as may be required shall be given with each license issued. The owner or keeper of a dog required to be licensed must ensure this tag is worn at all times by the dog for which the license was issued, when out of doors or off the premises of the owner or keeper, as provided for in 7 M.R.S.A. §3943.
F. The owner or keeper of any dog not duly licensed may be issued a compliance order paying to the said clerk, in addition to the license fee, a compliance fee of $4.00 or as provided for in 7 M.R.S.A. § 3943 and, in addition may , be summonsed to court as provided for in 7 M.R.S.A. § 3943, for keeping an unlicensed dog.
SECTION 4. SICK OR INJURED DOGS.
Any person finding a running at large, stray, sick, injured or abused dog within the Town in an emergen cy situation should first contact the ACO, who shall take responsibility for the dog. If the ACO is unavailable, this person shall contact the Selectmen or other public official or otherwise provide for the dog as specified by Title 7, M.R.S.A., §3913 (1).
SECTION 5. RUNNING AT LARGE.
A. No owner of a dog shall cause or permit that dog to run at large within the town.
B. A dog shall be deemed under restraint within the meaning of this Ordinance if it is controlled by a leash, cord, chain, or otherwise under control of a person and obedient to that person’s voice command.
C. An owner accompanying a dog on municipal property shall collect feces or vomitus deposited by the dog and dispose of it in a lawful sanitary manner.
WASHINGTON DOG CONTROL ORDINANCE - JUNE 23, 2004 - PAGE 3 D. Owners and users of seeing-eye dogs are exempt from this section.
E. Nothing in this section shall require the leashing or restraint of any dog, other than a dangerous dog, while on the owner’s premises.
F. Any dog found to be running at large, found to be sick or injured, or apparently abandoned may be seized and impounded by the town’s ACO or any other public official. That animal’s owner or keeper shall be liable for all related costs, in addition to any fees or fines that may be assessed. Costs of impoundment and fees may be recovered by the ACO or the Selectmen in a civil action .
SECTION 6. ATTACKS BY DANGEROUS DOGS.
A. An owner who is given written notice by the town’s ACO, or any other officer that their dog has bitten or is reasonably believed to have in any way seriously injured any person, domestic pet, or farm animal shall not, without further written authorization by an officer or official, sell, give, or otherwise convey the ownership or possession of that dog, or permit that dog to be moved beyond the boundaries of the town, except to or under the care of a licensed veterinarian, the ACO, or a law enforcement officer.
B. An owner receiving written notice shall immediately place the dog under confinement for a period of at least 10 days and shall promptly obey all rabies detect ion and control directions of an ACO, a licensed veterinarian, law enforcement officer, or other state official concerning that dog.
C. An owner receiving written notice shall comply with all applicable regulations of the Maine Commissioner of Agriculture and the Maine Commissioner of Human Services and their authorized agents in matters of rabies detection and control.
D. Dangerous dogs shall be handled in accordance with 7 M.R.S.A. §3952 and remain designated as dangerous until the court orders otherwise.
SECTION 7. SPECIAL RESTRAINT OF DANGEROUS DOGS.
A. An owner of a dog that has been determined to be a dangerous dog shall ensure that the dog is restricted at all times to the premises of the owner, except when being transported by a secure motor vehicle to a veterinarian or to some other premises of the owner or to take the dog out of Town with the knowledge and written consent of the ACO or other official authorized by the Selectmen, or to the custody of an animal control officer or law enforcement off icer.
B. The owner of a dangerous dog shall ensure that the dog, when out of doors on the owner’s premises, is either contained within a secure enclosure or is fastened with a secured latch to a well maintained reinforced restraint.
1. The length of any secure restraint must keep the dog more than three (3) feet away from any mail receptacle, entrance or exit to a house or other building, end or edge of a driveway, walkway, stoop or stairs leading to an entrance, edge of a lawn, property boundary or public sidewalk, or home fill pipe or utility meter.
SECTION 8. BARKING DOGS.
A. No owner or keeper of a dog within the legal limits of the Town shall keep or maintain a dog which continuously or repeatedly barks, howls, makes other loud or unusual noises, or in any other manner unreasonably disturbing disturb s the peace of any person.
B. Any person who keeps or maintains a dog which continuously or repeatedly barks, howls, or makes other loud or unusual noises, that are either
a. sustained for one (1) hour or
b. intermittently for three (3) continuous hours or more
for four consecutive days or more and which can be heard unreasonably disturbing the peace of any neighbors within 500 feet of the boundary of the property on which the dog is located is in violation of this Ordinanc e.
C. Professionally t rained , working dogs (including certified guard dogs and sheep dogs) as defined by and performing their assigned duties under Maine Department of Agriculture “Best Management Practices” are exempt from this section.
WASHINGTON DOG CONTROL ORDINANCE - JUNE 23, 2004 - PAGE 4 SECTION 9. PROCEDURE ON VIOLATION
A. INVESTIGATION.
1. The ACO shall quickly and fully investig ate all known or suspected violations of this Ordinance received from any citizen and keep a written record.
2. On a first complaint, the ACO, in his or her judgment, may issue a verbal warning. All subsequent warnings must be in writing.
3. The ACO will report complaints and findings to the Board of Selectmen.
4. The ACO is required to maintain a public file, located in the Town Office, of all complaints and findings.
5. Nothing in this Ordinance is intended to bar or limit the right of the individuals to make written complaints concerning dangerous dogs pursuant to State Law, or bar or limit any law enforcement officer from proceeding to act upon such a written complaint in accordance with the State Law. B. PROSECUTION.
1. The ACO, on complaint of any person or on his or her own initiative, may initiate prosecution for violation of this Ordinance by filing a complaint with the Knox County Division of the Maine District Court and serve a summons and a copy of the complaint to the owner.
2. Alternatively, the municipal officers may engage and appoint counsel to prosecute the alleged violations.
C. COMPLAINT FOR DOGS PRESENTING IMMEDIATE THREAT TO PUBLIC.
1. After filing a complaint in District Court and before hearing, the dog shall be subject to muzzlin g, restraint, or confinement upon its owner’s premises upon order of the law enforcement officer who filed the complaint, if that officer believes that the dog poses a threat to the public.
2. The officer may prescribe the degree of restraint or confinement.
3. Failure to comply shall constitute a distinct violation of this Ordinance.
4. Upon failure to comply, and after notice to the owner, the officer may apply to the District Court for an order of authorization to take possession of a dog that poses an immediate threat to the public and turn it over to the care of a suitable person or organization, at the owner’s expense. The Court in its final order shall include an order to the owner to pay this expense in a stated amount.
D. ORDER OF THE COURT .
1. If, upon hearing, the court determines that the ordinance has been violated, the court may impose an appropriate penalty.
2. If the court determines that a dog is a dangerous dog, the court may order the owner to muzzle the dog, and to restrain it, and co nfine it to the owner’s premises.
3. If the court finds that the dog has killed, maimed, or inflicted more than de minimis bodily injury upon a person, or upon a domestic pet or farm animal, or the court determines that the dog has a history of attacks th en the court may order the dog to be euthanized . Such euthanasia shall be at the owner’s expense.
E. FAILURE TO ABIDE BY A COURT ORDER.
1. An owner’s failure to comply with an order issued pursuant to this Section constitutes a violation of this Ordinance. This may be punishable by a new summons or as contempt, following issuance of a show cause order on affidavit of a law enforcement officer.
2. If an order of euthanasia is not complied with by the time set by the court, the court may, upon application b y the ACO or other person, and upon notice to the owner, issue a warrant to the ACO to destroy the dog and make return of the warrant to the court within 14 days from the date of the warrant.
3. The owner shall pay all costs of any supplementary proceedin gs and all reasonable costs for seizure and euthanasia of the dog. A failure to pay such costs by the time stated in the order of the court constitutes a distinct violation of this Ordinance. This may also be punished on proceedings for contempt after issu ance of a show cause order.
SECTION 10. PENALTIES
A. For a first violation of this Ordinance, the owner shall be ordered to pay a penalty of not less than fifty dollars ($50.00) nor more than two-hundred dollars ($200.00) plus any associated court ordered fees or costs.
WASHINGTON DOG CONTROL ORDINANCE - JUNE 23, 2004 - PAGE 5
C. An owner found to have violated this Ordinance shall pay all fees and surcharges assessed or required by a court order and shall pay court costs.
D. The penalties provided under this Ordinance shall be in addition to any penalties provided by state or federal law.
SECTION 11. LEGAL PROVISIONS
A. Effective Date : This ordinance shall take effect upon passage at any municipal town meeting.
B. Interpretation: Interpretation of this Ordinanc e shall be according to the purpose of the Ordinance and the Town Comprehensive Plan.
C. Conflict with Other Ordinances : Whenever the regulations of this Ordinance conflict with those of another Ordinance, the stricter shall apply.
D. Severability: Should any portion of this Ordinance be found invalid for any reason by a court of competent jurisdiction, then all portions not found invalid shall remain unaffected and continue in full force.
E. Amendment:
1. Amendments to this Ordinance shall be considered following citizen petition or motion of the Selectmen.
2. Unless it is presented at an open Town Meeting, no regulation or amendment of this Ordinance shall be adopted until after the Selectmen of the Town have held a public hearing thereon at least ten day s before it is submitted to the legislative body for consideration. At least ten days prior to the hearing, the Board of Selectmen shall have notices posted in the places in which Town Meeting Warrants are posted.
F. Repeal: This ordinance shall supersede the Town of Washington Barking Dog Ordinance, adopted June 15, 1995, which is hereby repealed from and after the effective date of adoption of this Ordinance.
Town of Washing-ton
Prohibition of Permitting or
Allowing Dogs at
Nelson-Butterfield Park
Ordinance
Enacted 25 March 1983
No person except for handicapped may allow or permit any dog, whether or not controlled by leash or tether, to nin or be present at Nelson-Butterfield Park, it's beach or immediately adjacent waters.
The penalty for violation of this ordinance shall be a fine not to exceed $100.00. Any fine paid or collected shall be for the use of the Town.
Town of Washington Driveway Entrance Ordinance
SECTION 1. TITLE.
This ordinance shall be known as the "Town of Washington Driveway Entrance Ordinance."
SECTION 2. AUTHORITY AND PURPOSE.
This ordinance is adopted under the general authority granted pursuant to and consistent with Article VIII-A of the Maine Constitution and Title 30-A Section 3001 (Home Rule) to promote the public health, safety, and general welfare of the community, to further the safe and orderly layout of driveways that enter onto Washington Town roads, by establishing entrance standards for driveways that enter onto Town public ways. This Ordinance is not applicable to field roads or driveways entering onto State numbered highways or onto private ways.
SECTION 3. DEFINITIONS.
In this ordinance, the following words and phrases have the designated meaning unless a different meaning is expressly provided or the context clearly indicates a different meaning:
a. Driveway Entrance - A private driveway, road, field road, or other avenue of vehicular travel that runs through any part of a private parcel of land and that connects or will connect to a Town way at the property boundary.
b. Field Road - An avenue of travel used exclusively for agricultural purposes or to access agricultural land. c. Residential Driveway - A driveway providing access used for single or multi -family purposes only.
d. Commercial or Industrial Driveway - A driveway providing access for commercial or industrial use of property. e. Joint Drive - Two or more driveways on adjoining properties, which share a single access point onto a town road. f. Relocate Driveway Entrance - A request for a change in access point, general design, length or drainage of an
existing driveway entrance.
g. Culvert Replacement – The repair, or removal and replacement of existing culvert by the Town of an existing driveway entrance.
h. Change of Use - An existing driveway entrance used for purposes different from the proposed use (ex. change from residential to commercial, from field road to residential).
i. Temporary Driveway Entrance- Access used for a specific purpose and for a limited amount of time.
j. Modification - A change of location, upgrade or re-construction of a pre-existing driveway entrance, or adding or replacing a permanent surface, i.e. concrete or asphalt. Resurface of an existing driveway entrance with like material is not considered a modification and does not require a permit.
k. One inch minus gravel - natural or crushed rock or gravel which is a mixture of sizes no larger than 1” in diameter, and containing approximately no less than 40% material of 1” in diameter and free from flat, elongated, soft, or disintegrated pieces, vegetable material, or other deleterious matter
SECTION 4. APPLICATION REQUIREMENTS AND PROCEDURES.
a. Permit Required. Before any construction, modification, or change of use of a driveway entrance from private property onto a town owned public way, the property owner shall first obtain an E911 address number from the E911 Coordinator, file a driveway entrance application form, and receive a Driveway Entrance Permit from the Road Commissioner.
1.) Applicants for residential use shall submit the application for approval by the Washington Road Commissioner. 2.) Applicants for a non-residential use must submit the application for approval to the Washington Planning Board
prior to the issuance of a permit by the Road Commissioner. The Washington Planning Board may ask the Road Commissioner for assistance or recommendations.
b. Application Form. Applications for driveway entrance permits shall be made on a form approved by the Board of Selectmen and are available at the town office.
c. Application Fee. The fee for each driveway entrance permit application shall be established and reviewed by the Board of Selectmen from time to time.
d. Filing of Application (and attachments). The completed "Driveway Entrance Permit Application" form shall be filed with the Town Clerk along with the required application fee, any attachments, a drawing of the property parcel, and a statement of the uses of the driveway. The drawing shall include the proposed or existing driveway entrance location. Distances from the existing property lines to the centerline of the driveway entrance shall be shown to establish the driveway entrance location. The width of the driveway entrance at the edge of roadway shall be shown, and the proposed driveway entrance slope shall be provided.
e. Application Review
1.) Residential or Temporary Applications. The Town Clerk shall forward the completed application to the Road Commissioner for review. The Road Commissioner shall approve or deny the application within 5 working days, and if denied, state the reasons for denial.
2.) Non-residential Applications. The Town Clerk shall forward the completed application to the Code Enforcement Officer for further processing and review by the Planning Board.
f. Permit Period. The Driveway Entrance Permit is effective for twelve (12) months from the date of approval. If the driveway entrance had not been completed within that permit period, the permit is deemed expired and a new application must submitted and approved. A single one year extension may be granted in writing by the Road Commissioner for good cause.
g. Driveway Entrance Inspection. The applicant shall notify the Road Commissioner within five (5) working days from the completion of construction or improvement of the driveway entrance. The Road Commissioner shall conduct an inspection of the driveway entrance to ensure full compliance with all provisions of this ordinance and terms of the permit.
h. Building Permits. The Code Enforcement Officer shall not issue building or other development permits until a driveway entrance permit is obtained.
i. Temporary Driveway Entrances. Applicants for temporary driveway entrances must still file an application as outlined in this Ordinance. Used culverts may be used for temporary driveway entrances. Property owners are responsible to ensure that any dirt, mud or debris tracked onto a Town way from a temporary driveway entrance is cleared immediately. The temporary driveway entrance must be removed within thirty (30) days from the removal date listed on the permit.
j. Town Authority Preserved. The Town of Washington, notwithstanding the issuance of any permit under this ordinance or construction of any driveway entrance, reserves the right to make any changes, additions, repairs or relocation of any part of a driveway entrance within the dedicated right of way at any time, including but not limited to, in connection with the relocation, reconstruction, widening and maintaining the road or right of way, without compensating the owner of such private driveway entrance for any damages or destruction within the Town’s right- of-way.
SECTION 5. DRIVEWAY AND CULVERT LOCATION, DESIGN AND CONSTRUCTION REQUIREMENTS.
Construction Activities.
a. It is the contractor’s responsibility to clean up the tracking of soil, gravel, vegetation or other material onto the public roadway.
b. Any damage to a Town of Washington roadway, as determined by the Town, caused by the construction will be repaired at the contractor’s expense.
c. Construction of the driveway entrance prior to other development is necessary to allow for the safe and efficient access of construction vehicles entering or leaving the construction site.
General Requirements. The location, design and construction of driveway entrances shall be in accordance with the following;
a. General Design. Driveway entrances shall not provide direct ingress or egress to or from any road intersection, and shall not encroach upon or occupy areas of the street right-of-way required for effective traffic control. A driveway entrance shall be located a minimum of either 150' from the intersecting centerlines of roadways, or a maximum practical distance, but in no case less than 50', from the intersecting centerlines to the driveway entrance that can be achieved to provide access to an existing lot. Driveway entrance approaches shall be a least ten (10) feet apart
except by special permission of the Town Planning Board, and driveway entrances shall in all cases be placed wherever possible so as not to interfere with utilities in place. If possible, driveway entrances should be directly opposite each other.
b. Sight Distance. A driveway entrance shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the road. A minimum sight distance of ten (10) feet in each direction for every mile per hour of the posted or unposted speed limit for that section of road from a height approximating the sitting height in a standard automobile, and ten feet back from the pavement of the Town way.
Sight Distance. A driveway entrance shall be so located and constructed that vehicles approaching or using it shall have adequate sight distance along the road. A minimum sight distance of 200feet in each direction for that section of road from a height approximating the sitting height in a standard automobile, and ten feet back from the pavement of the Town way.
c. Number of Entrances. Not more than two (2) driveway entrances shall be permitted to serve an individual residential property.
1.) The Board of Appeals may grant a practical difficulty variance for an additional driveway entrance(s) if the owner demonstrates a legitimate need and if the Board determines that the additional driveway entrance will not create any significant impairment of efficient traffic movements or cause any danger to the public. 2.) The Washington Planning Board has jurisdiction over non-residential driveway entrances.
d. Drainage. The surface of the driveway entrance connecting with the road sections shall be sloped to preclude ordinary surface water drainage from flowing onto the traveled way. No driveway entrance apron shall extend out into the road further than the road edge or face of the curb. All driveway entrances and approaches shall be so constructed that they shall not interfere with the drainage of the road, side ditches and roadside areas or with any existing structure in the right-of-way. All driveway entrances and parking lot areas shall be graded and constructed in such a manner so that no storm water is discharged onto the roadway.
e. Width of Driveway Entrance. A residential driveway entrance shall be no less than twenty (20) feet and no greater than twenty-six (26) feet wide at the edge of pavement of the roadway or curb line. Driveway entrances less than twenty (20) feet are prohibited.
f. Angular Placement. The angle between the centerline of the driveway entrance and the edge of the pavement or the curb cut shall not be less than seventy (70) degrees.
g. Relocation of Utilities. Any costs of relocating utility structure or facilities shall be the responsibility of the property owner. Approval by the utility company and Board of Selectmen shall be obtained before any utility structure or facility is relocated within the right-of-way. Digging across Town paved roads for utility construction is prohibited. h. Variances. The Town Board of Appeals may grant practical difficulty variances per Land Use Ordinance Article X,
Section 4 (2) for any of the above requirements where the peculiar nature of the property or the design of the road may make the rigid adherence to these requirements impossible or impractical. The costs and fees are the same as per the Land Use Ordinance.
i. Any special signage and sign post (i.e. “Hidden Drive”), as determined by the road commissioner, shall be paid for by the applicant and erected by the Town.
SECTION 6. CULVERT CONSTRUCTION STANDARDS AND MAINTENANCE RESPONSBILITIIES.
Culverts shall be installed prior to construction work being commenced on the property. All culverts shall be constructed of galvanized steel, concrete or plastic or other material approved by the Town Road Commissioner, and shall be of sufficient gauge to provide adequate bearing capacity for vehicles expected to use the driveway entrance as determined by the Town Road Commissioner. Use of used culverts for other than a temporary driveway entrance is prohibited.
a. Minimum Size. Culverts shall be a minimum of twenty-six (26) feet in length and of a diameter as determined by the Town Road Commissioner based on anticipated water flowage but shall not be smaller than fifteen (15) inches in diameter.
b. Placement. Culverts shall be placed in the ditch line at elevations as set by the Road Commissioner so as to adequately convey water and assure proper drainage.
c. Endwalls. All culverts shall have flared endwall sections so that backfill and cover material will not erode into the bottom of the ditch and reduce the capacity of the ditch and culvert. Flared endwalls also serve a safety function in that vehicles that enter the ditch way inadvertently will not be stopped abruptly.
d. Backfill and Cover Material. Culverts shall be covered with one-inch minus gravel, compacted in place, or other material approved by the Road Commissioner. The minimum cover, measured from the top of the culvert to the top of the sub grade material shall be the same as the diameter of the culvert.
e. Construction/Reconstruction of Curbs. When construction of a driveway entrance requires the removal of a curb the same shall be replaced and restored with equivalent acceptable material per the Road Commissioner. Curb returns shall be provided or restored in a neat and acceptable manner.
f. Maintenance Responsibility. The Town is responsible for maintaining the culvert and ditch in such manner necessary to permit free and unobstructed flow of water. However, should the property owner willfully and/or negligently dump leaves or other debris, or plow snow and ice into the ditch or over the end of the culvert which disrupts the flow of water, the property owner shall be liable for the cost of correction if the Town has to clear the culvert or if a blocked culvert causes damage to the roadway. The removal or clearance of snow and or ice, or the opening of windrows of such material, upon any portion of the driveway entrance within the Town of Washington right-of-way is the responsibility of the property owner.
g. Existing Driveway Hazards or Problems. When erosion or other conditions created by an existing driveway entrance obstructs or becomes a potential hazard to a public road, the Road Commissioner and Board of Selectmen shall notify the property owner of the conditions. Repair undertaken by the property owner after notice from the Town is not construction or modification pursuant to Section 4 (a) of this ordinance. Any property owner failing to correct such conditions within thirty (30) days after notice shall be subject to the penalties described in the penalty section of this Ordinance.
h. Culvert Replacement. Replacement due to normal rusting, and wear and tear of existing and future driveway entrance culverts is the responsibility of the Town and will be accomplished, as required, under the standards set by this Ordinance. Culvert replacement due to damage such as crushed end of culverts from driving over them shall be replaced by the Town, but the property owner shall be subject to the cost of the culvert and labor and machinery costs. When a culvert requires replacement, the Town of Washington assumes responsibility for the cost of the culvert and for repair or replacement of gravel, bituminous, or concrete surface as close to the previous condition as possible. Replacement of decorative pavement, decorative endwalls/headwalls, is not the Town’s responsibility.
SECTION 7. ENFORCEMENT.
At the request of the Road Commissioner and the direction of the Board of Selectmen, the CEO shall issue a stop-work order if a driveway entrance, culvert or other permitted construction or any part thereof is being installed contrary to the terms of this ordinance or without a permit.
SECTION 8. PENALTIES.
a. Any person who constructs or modifies any driveway entrance without a permit as required by this Ordinance or who shall construct or modify a driveway entrance in violation of any provision of this Ordinance, shall unless the violation is corrected within thirty (30) days of date of written notice from the Board of Selectmen, be subject to a civil penalty due and payable to the Town of Washington, Maine of not less than one hundred dollars ($100.00) for each day said violation exists and not more than twenty-five hundred dollars ($2,500.00) for each day said violation exists. If the same person has been convicted of a violation of this ordinance within the previous two years, the maximum penalty is five thousand dollars ($5,000.00) for each day said violation exists.
b. In setting the penalties, the Court shall consider but is not limited to the following: 1.) Prior violations by the same person;
2.) The degree of environmental damage that cannot be abated or corrected; 3.) The extent to which the violation continued following an order to stop; and
4.) The extent to which the Town of Washington, Maine contributed to the violation by providing incorrect information or failing to take timely action.
c. Payment of any penalty shall be made within thirty (30) days in cash or by certified check drawn on a recognized financial institution, made payable to the Town of Washington, Maine in an amount equal to the full amount of the penalty.
d. If the maximum penalty amount of Section 8 (a) of this ordinance is held void or invalid it is the intent of the Town of Washington, Maine that provisions of Title 30-A, M.R.S.A. Section 4452 be given full force and effect and that the maximum penalty amounts authorized by such provision apply to violations of any order, permit, approval or final decision of the Planning Board or the Town Road Commissioner, or any provision of this Ordinance.
SECTION 9. EFFECTIVE DATE
This ordinance shall take effect immediately upon passage and posting as provided by law. Amendments passed at the Special Town Meeting held 06/26/2013 in the Bryant Room of Gibbs Library.
ATTEST:
Emergency Management Ordinance
of the Town of Washington, Maine
Adopted: March 25, 2017
Ann Dean, Town Clerk Date: March 25, 2017
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EMERGENCY MANAGEMENT ORDINANCE
Table of Contents
Emergency Management Ordinance of the Town of Washington Article l. Authority
Article 2. Purpose Article 3. Definitions
Article 4. Establishment of the Office of Emergency Management
Article 5. Emergency Management Director Position and Office Members Section 5.01 Appointment and Term
Section 5.02 Level and Training Section 5.03 General Duties
Section 5.04 Powers During a Proclaimed Emergency Article 6. Emergency Proclamation
Article 7. Termination of a Proclaimed Emergency
Article 8. Board of Selectmen - Powers During a Proclaimed Emergency Article 9. Appropriation of Funds for a Proclaimed Emergency
Article 10. Commitment of Town Resources During Proclaimed Emergency Article 11. Acceptance of Emergency Donations
Article 12. Adoption of the National Incident Management System Article 13. Severability
Article 14. Conflicting Ordinances, Orders, Rules and Regulations Suspended
2 3 3 3 3 4 4 4 4 4 5 5 6 6 7 7 7 7 8 8
EMERGENCY MANAGEMENT ORDINANCE
Emergency Management Ordinance of the Town of Washington
Article 1.
Authority
1bis ordinance is authorized under Title 30A, M.R.S.A § 3001 et seq. and shall be known as the
Emergency Management Ordinance of the Town of Washington.
Article 2.
Purpose
A. To establish the Office of Emergency Management that will ensure the complete and efficient utilization of the town's facilities and resources during any period of proclaimed emergency. B. To define the duties and authority of the Washington Office ofEmergency Management Director
who shall coordinate all activities in connection with Emergency Management. C. To define the protocol for issuing a Town Emergency Proclamation.
D. To define powers and authorities given to the Board of Selectmen, Fire Chief, and Emergency Management Director during a proclaimed emergency.
E. To establish the National Incident Management System (NIMS) as the municipal standard for all hazards incident management.
Article 3. Definitions
The following definitions shall apply in the interpretation of this ordinance:
3
Disaster: The occurrence or imminent threat of widespread or severe damage, injury or loss of life or property resulting from any natural or man-made cause including, but not limited to, fire, ice storm, blizzard, flood, earthquake, windstorm, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, critical material shortage, infestation, explosion, riot, said occurrence being of significant scope as to exceed the normal ability of the Town's resources to mitigate, respond to or recover from.
Emergency: An event that threatens the life, safety, and property of the residents or visitors of Washington or destruction of the environment, that requires immediate action to mitigate, contain, or control the situation.
Emergency Management Forces: The employees, equipment and facilities of all town departments, boards, institutions, and commissions, as well as all volunteer persons, organizations, equipment and facilities contributed by, or obtained from, volunteer persons or agencies.
Emergency Proclamation: A governmental declaration that a disaster or emergency exists or appears imminent. These include a state of emergency proclamation at the national, state, county or local level
that covers all or a section of the Town of Washington.
Local: Within the geographic boundaries of Washington and/or Washington and the municipalities adjacent to it.
EMERGENCY MANAGEMENT ORDINANCE
Article 4.
Establishment of the Office of Emergency Management
There is hereby established within the Town of Washington, Maine, an emergency management organization to be known as the Washington Office of Emergency Management (OEM). In
conjunction with the Board of Selectmen and Fire Chief, this office is responsible for the preparation and implementation of emergency management plans to minimize injury and loss due to a serious emergency or disaster.
Article 5.
Emergency Management Director Position and Office Members
4
The Washington Office of Emergency Management shall consist of a director, and other members that shall be appointed by the Board of Selectmen when deemed necessary. The position of Emergency Management Director (EMD) for the Town of Washington is hereby created.
Section 5.01 Appointment and Term
The Board of Selectmen shall appoint the Emergency Management Director. This appointment shall be made within 30 days after the date of the Annual Town Meeting for a term of three years.
Section 5.02 Level and Training
The Emergency Management Director is expected to earn the Maine Basic Emergency
Management Director level of certification. Training is available, but not limited to Knox
County Emergency Management Agency (KXEMA), Maine Emergency Management Agency (MEMA) and FEMA.
Section 5.03 General Duties
The Emergency Management Director is responsible for performing the five phases of Emergency Management: planning, preparedness, mitigation, response, and recovery.
The Emergency Management Director duties shall include, but not being limited to the following: A. Prepare and maintain the Emergency Operations Plan (EOP) for the Town of Washington, which
shall be submitted to the Board of Selectmen for approval and reviewed on an annual basis. The plan shall incorporate the principles of the National Incident Management System (NIMS) and the Incident Command System (ICS).
B. Prepare and update a Hazard Risk and Vulnerability Assessment, annually. C. Complete and report Initial Damage Assessments (form 7's) to Knox EMA. D. Prepare and maintain a list of locally available disaster resources.
E. Develop procedures for the organization, staffing, activation and operation of the Washington Emergency Operations Center (EOC).
F. Coordinate and maintain written emergency and disaster Mutual Aid Agreements with the approval of the Board of Selectmen.
EMERGENCY MANAGEMENT ORDINANCE
G. Provide Emergency Management training to town officials, planners, and emergency responders.
H. Develop and implement a Disaster Exercise program.
I. Attend County Local Emergency Managers meetings.
J. Maintain records and submit information as required for compliance with county, state and federal regulations and/or guidelines.
K. Make Disaster Preparedness information available to town residents.
L. Establish systems to notify and inform all residents about any emergency situation.
M. When necessary, serve as liaison between the town and county/state/federal officials during disaster recovery.
N. Complete and submit applications for grants that may become available and beneficial for improving emergency management and response capability for the Town of Washington. 0. Serve as NIMS Coordinator for the Town of Washington
Section 5.04 Powers During a Proclaimed Emergency
When an emergency proclamation is in effect, the Emergency Management Director or designee shall have the following responsibilities and authorities:
A. Responsible for the organization, staffing and activation of the Emergency Operations Center (EOC) as defined in the Town's Emergency Operations Plan.
B. Empowered to make any reasonable request for assistance from adjacent towns pursuant to established Mutual Aid Agreements.
C. Authorized to request aid or assistance from the state or any political subdivision of the state and may render assistance to other political subdivision under the provisions of state statute.
D. Coordinate requests for assistance from other regional, county, state or federal agencies through the County EMA Director.
These provisions will terminate at the end of the proclaimed emergency.
Article 6.
Emergency Proclamation
The Washington Board of Selectmen shall have the power and authority to issue, by written declaration, a proclamation that an emergency exists whenever a disaster or civil emergency exists or appears imminent. The proclamation may declare that an emergency exists in any or all sections of the Town.
A. Notwithstanding the above, when consultation by a quorum the Board of Selectmen would result
in a substantial delay in initiating an effective response to alleviate or prevent an emergency or disaster, then the following persons shall have the power and authority to issue a proclamation that an emergency exists, in the following order of succession: the Chairperson of the Board of
