ORDINANCE ESTABLISHING AN ELECTED BUXTON PLANNING BOARD
Enacted November 6, 1973
Amended June 10, 1989
Pursuant to Maine Revised Statutes Annotated, Title 30, Section 4952 as amended and Title 30, Section 1917, the Town of Buxton hereby establishes the Elective Buxton Planning Board.
1. Organization.
1.A. Members of the Board shall be elected, under the provisions of Title 30, Section 2061 and 2062, M.R.S.A., as amended.
1.B. The Board shall consist of seven (7) members.
1.C. The term of each member shall be three (3) years beginning with members elected after the June 1989 Town Meeting.
1.D. Where there is a permanent vacancy, the municipal officers shall, within 60 days of its occurrence, appoint a person to serve until the next annual municipal election, when the unexpired term shall be filled by election.
2. Duties.
2.A. The Board shall perform such duties and exercise such powers as are required by municipal ordinance and law of the State of Maine.
2.B. At least four (4) affirmative votes are necessary to grant any approval.
3. Effective Date.
3.A. This Ordinance shall be effective on the date of the 1974 Annual Buxton Municipal Election, March, 1974.
AN ORDINANCE RELATING TO VICTUALERS' LICENSES
Enacted March 8, 1968
No person shall be a common innkeeper or victualer without a license, under penalty of not more than $50.00 fine. Any person wishing to engage in such business shall first apply to the Board of Selectmen, Treasurer and Clerk collectively designated as the licensing board for a license as a common innkeeper or a victualer, on or before the first Monday of May each year and each license so granted shall be valid for one year only upon a payment of a fee of $10.00. Posting of bond prescribed by law and payment of the $1.00 fee required by law.
The licensing board shall have full authority to revoke or suspend any license after notice and hearing in accordance with laws of Maine.
AN ORDINANCE REGULATING THE USE OF TOWN DUMPS
Enacted March 8, 1968
For the purpose of promoting the general welfare of the Town of Buxton and regulating the use of the town dumps in order to prevent the spread of disease and to protect the health of the inhabitants of the Town of Buxton, the town dumps shall hereafter be open only for the use by the residents and taxpayers of the Town of Buxton.
The Board of Selectmen are authorized to make such rules and regulations as are necessary to enforce this Ordinance.
Any person not a resident or taxpayer of the Town of Buxton who shall use the Buxton town dumps shall be subject to a penalty of not more than $50.00 fine for each occurrence to be recovered on complaint to the use of the Town.
PARKS AND PUBLIC LANDS ORDINANCE
Enacted March 15, 1980
Pertaining to municipal parks, fields, grounds and memorials being owned, leased or rented by the municipality within municipal boundaries (hereinafter "municipal land") as follows:
1. The possession or discharging of firearms, bows and arrows or other weapons on municipal land by persons other than law enforcement officers in the course of their duties or other than persons participating in municipal activities is prohibited. For purpose of this paragraph, a "municipal activity" is one sponsored by the Town of Buxton or approved by the Board of Selectmen.
2. Open fires are prohibited on municipal land except in those areas designated by signs. Where they are allowed, open fires must be confined to stoves or fireplaces furnished for that purpose.
3. Intentionally molesting, injuring or damaging or removing anything natural including trees and soil, anything physical, including signs, fences, monuments or structures or anything historical, including artifacts, located or discovered on municipal property and without the approval of the Board of Selectmen is prohibited. Public works projects are deemed to have the express approval of the Board of Selectmen and are not prohibited by this paragraph.
4. The disposing of trash and refuse anywhere other than in containers provided for the purpose is prohibited.
5. Pets are allowed in the municipal parks, fields and grounds but they must be reasonably restrained or controlled so that they do not interfere with the activities or safety of others. Pets are not allowed on the municipal beaches.
6. All motorized vehicles, including snowmobiles and motorcycles and animals, which are ridden or driven, shall be operated, ridden or driven only on roads, ways or in parking areas on municipal property or in areas designated for their special use. The operation of motorized vehicles or the riding or driving of animals on sidewalks or pedestrian ways is prohibited.
7. Swimming and bathing on municipal property is prohibited except in those areas designated as bathing beaches or swimming areas.
8. Boating and water skiing within areas set aside for swimming and bathing and marked by buoys or floats is prohibited.
9. Washing cars or other vehicles or washing laundry on municipal beaches is prohibited.
10. All municipal parks, lands, grounds or beaches are closed to use between the hours of sunset and sunrise unless posted otherwise. Activities on municipal property sponsored by the Town of Buxton or approved by the Board of Selectmen are exceptions to the time limitation set forth in the preceding sentence.
11. Any violation of the provisions of this Ordinance is a civil violation and shall be punishable by a fine of not less than $25.00 nor more than $250.00 to be recovered under the procedure set forth in the Maine Rules of Court for the use of the municipality.
12. Should any provision of this Ordinance be declared by the courts to be invalid, the decision shall not invalidate any other provision of this Ordinance which can be given effect without the invalid provision and to this end the provisions of this Ordinance are severable.
ORDINANCE TO REGULATE AUTOMOBILE GRAVEYARDS,
AUTOMOBILE SALVAGE YARDS AND JUNKYARDS
TOWN OF BUXTON, MAINE
Enacted June 10, 1989
Repealed 6/16/07
Ordinance to Regulate Junkyards, Automobile Graveyards and Automobile Recycling Businesses
Section 1. Any person wishing to locate a junkyard, automobile graveyard or automobile recycling business within the Town shall apply to the Board of Selectmen for a permit as required by State law. Such businesses shall be governed in all respects by the provisions of Title 30-A, Chapter 183, Subchapter 1.
Section 2. The Town ordinance entitled “Ordinance to Regulate Automobile Graveyards, Automobile Salvage yards and Junkyards,” enacted June 10, 1989, is repealed on June 16, 2007.
TOWN OF BUXTON SOLID WASTE ORDINANCE
Enacted March 7, 1987, Amended June 2003, Amended February, 2005, Amended November 8, 2011.
ARTICLE I - SOLID WASTE
1.1 Short Title
This Ordinance shall be known and may be cited as the "Buxton Solid Waste Ordinance" and referred to herein as the “Ordinance".
The purpose of this Ordinance is to protect the health, safety, and general well being of the citizens of Buxton. This Ordinance is also meant to enhance and maintain the quality of the environment, conserve natural resources, promote recycling, and prevent land, water, and air pollution. This Ordinance provides for a comprehensive, rational, and effective means of regulating the transportation, Resource Recovery, and Disposal of Solid Waste in and for the Town of Buxton and its residents in accordance with the provisions of 38 M.R.S.A. sec. 1304-B.
1.3 Definitions
1.3.a. Acceptable Curbside Waste: Wastes acceptable for curbside pickup shall include all non-commercial ordinary household and municipal Solid Wastes which consist primarily of combustible materials, and are not listed under the definition of Unacceptable Curbside Waste.
1.3.b. Approved Disposal Facilities: Shall mean any land or structure, or combination of land area and structures used to legally dispose of waste. Such facilities include, but are not limited to, landfills, transfer stations, indoor storage facilities, salvage yards, recycling centers, compost facilities, and incinerators.
1.3.c. Commercial Waste: Shall mean any waste from residential dwellings or trailer parks with more than three units, and any waste from a business or institution that is not considered a home based business or occupation. All such commercial properties shall be responsible for providing their own waste removal services. A home based business or occupation is defined in section 11.10 of the Buxton planning ordinance. For the purposes of curbside waste removal services, home based businesses or occupations shall not be considered commercial. Any building(s) under construction or demolition, whether commercial, institutional, or residential, are considered commercial for the purposes of curbside waste removal services.
1.3.d. Disposal: Shall mean the discharge, deposit, dumping, or placing of any Solid Waste into or on any land or body of water, or the incineration of any solid waste.
1.3.e. Hazardous Waste: Shall mean any waste which by reason of its composition, characteristics or other inherent properties is dangerous to handle by ordinary means, or which may present a substantial risk to health or safety, or which presents a reasonable possibility of adversely affecting the operation of the disposal facilities. Hazardous Waste shall also mean waste which is defined as harmful, toxic, dangerous, or hazardous at any time, pursuant to (I) the Solid Waste Disposal Act, 42 U.S.C. 6901 et seq., as amended; and (II) the Maine Hazardous Waste, Septage and Solid Waste Act, 38 M.R.S.A. 1301 et seq., as amended; and (III) any other federal, state, county or local codes, statutes or laws; and (IV) any regulations, orders or other actions promulgated or taken with respect to the items
listed in (I) through (III) above, provided however; that any such materials which are later determined not to be harmful, toxic, dangerous or hazardous by any governmental agency or unit having appropriate jurisdiction shall not be considered "Hazardous Waste" unless a contrary determination has been or is made by any other governmental agency or unit having appropriate jurisdiction. Examples of Hazardous Waste include, but are not limited to, antifreeze, pesticides, explosives, mercury containing items, and biological or pathological wastes.
1.3.f. Municipality: Shall mean the Town of Buxton.
1.3.g. Resource Recovery: Shall mean the recovery of materials that still have useful physical or chemical properties after serving a specific purpose, and can be reused or recycled for the same or other purposes.
1.3.h. Solid Waste: Shall mean useless, unwanted or discarded solid material with insufficient liquid content to be free flowing. Solid Waste includes, but is not limited to, rubbish, garbage, trash, scrap materials, junk, refuse, and inert fill materials. Solid Waste does not include sludges from air or water pollution control facilities, septic tank sludge, oil sludge, or agricultural wastes.
1.3.i. Stump Dump Waste: Tree and bush stumps or roots
1.3.j Unacceptable Curbside Waste: Wastes that are not acceptable for curbside pickup include, but are not limited to, the following items:
1.3.j.1. Any waste not enclosed in a closed container such as a garbage bag or
trash can.
1.3.j.2. Car Batteries
1.3.j.3. Commercial Waste
1.3.j.4. Computers, monitors, television sets, or cell phones
1.3.j.5. Dead animals or portions thereof, or other pathological or biological
wastes
1.3.j.6. Demolition or construction debris
1.3.j.7. Hazardous Waste
1.3.j.8. Inert wastes such as bricks, concrete, asphalt, soil, porcelain fixtures, or
rocks
1.3.j.9. Junk vehicles or other bulky metal items including White Goods
1.3.j.10. Leaves, brush, grass, or garden clippings
1.3.j.11. Liquid wastes, sludge, or oils (including motor oil)
1.3.j.12. Mercury containing items such as fluorescent bulbs, thermometers, and
thermostats
1.3.j.13. Pressure treated wood
1.3.j.14. Tires
1.3.j.15. Tree or bush stumps, trunks, limbs, or ashes
1.3.j.16. Water treatment residues
1.3.k. Waste Hauler: Any entity, person, or vehicle, which collects and hauls Solid Waste in the Town of Buxton.
1.3.l. White Goods: Such items as refrigerators, freezers, stoves, metal bath tubs, washing machines, dryers, and other large miscellaneous metal items
ARTICLE II - MUNICIPAL SOLID WASTE DISPOSAL FACILITIES
2.1.1. In accordance with the provisions of 38 M.R.S.A. sec. 1304-B, and effective on the commencement date of this ordinance, the Town hereby designates Approved Disposal Facilities as the exclusive facilities for disposal of wastes generated within the boundaries of the Municipality. The disposal of any waste by any person at any place other than Approved Disposal Facilities is prohibited. The owner of any lot, or any other person with the permission of the lot owner, may deposit or dump inert substances such as uncontaminated soil, rocks, concrete or similar material for fill purposes, subject to state or local land use regulations. The owner of any lot, or any other person with the permission of the lot owner, may compost leaves, kitchen scraps, grass, or garden clippings, provided such composting complies
with all state and federal regulations.
ARTICLE III - ADMINISTRATION AND REGULATION
3.1.1. The Selectmen shall establish by the authority of this Ordinance, such rules and regulations, as they deem necessary or convenient to carry out the purposes of this Ordinance. Such rules and regulations may govern the availability and use of the Approved Disposal Facilities for disposal of Solid Wastes generated within the Municipality, and govern the operation and licensing of Waste Haulers.
3.1.2. The operation of the Approved Disposal Facilities shall conform to all pertinent regulations and directives of all local, county, state, or federal agencies that may have jurisdiction.
ARTICLE IV - RESTRICTIONS AND FEES FOR DISPOSAL
4.1.1. No person, firm, corporation, or other entity shall permanently dispose of any waste into or upon any water or land within the boundaries of the Municipality unless such site has been designated by Selectmen as an Approved Disposal Facility through this Ordinance.
4.1.2. Except for licensed disposal of Hazardous Waste, it shall be unlawful for any person, firm or corporation to burn or incinerate any solid waste within the Municipality, other than untreated wood, tree limbs, branches, logs, leaves, twigs, grass and plant cuttings.
ARTICLE V - RULES AND REGULATIONS
5.1 Authorized Disposal Facility Users
5.1.1. The availability and use of Approved Disposal Facilities owned by the Municipality shall be limited to residents of the Municipality and their contractors and agents for the sole purpose of disposing of waste generated within the boundaries of the Municipality. As a means of user control, the Selectmen are authorized to distribute vehicle permits to authorized users, which shall be affixed to user vehicles. Temporary permits may be issued in lieu of vehicle permits at the discretion of the Municipality. Failure to exhibit a permit may result in denial of the use of the Approved Disposal Facilities.
5.2 Resource Recovery
5.2.1. For the purpose of Resource Recovery, the Municipality may require Solid Waste to be separated into such categories as may be established by order of the Selectmen or their representatives.
5.3 Property Rights
5.3.1. Any waste accepted at or within any portion of the Approved Disposal Facilities owned by the Municipality shall become the property of the Municipality. No person, business, or other entity shall salvage, remove or carry off any such waste, or engage in other Resource Recovery, without prior approval of authorized representatives of the Municipality.
- Municipal Collection and Delivery
5.4.1. The Selectmen may establish a system for the collection and transportation of waste, and may adopt such rules, regulations, and schedule of charges for such collection and transportation services as may be appropriate.
- Acceptable Curbside Waste will only be collected from public roads within the
Municipality from lots with an occupied residence and an occupancy permit. Residents on public roads will receive curbside pickup. Residents on private roads can receive trash pickup by bringing their trash to the junction of the nearest public road, or as directed by the Town. Lots without a legally occupied residence are not eligible for curbside pickup.
5.4.3. No more than seven 13-gallon bags, or three 32-gallon cans, or any combination of containers reaching a total of 96 gallons of Acceptable Curbside Waste shall be picked up per week per household. Each container of Acceptable Curbside Waste must weigh thirty-five pounds or less.
5.4.4. Acceptable Curbside Waste must be placed within four (4) feet of the road no later than six (6) am of the day of scheduled pickup, but not before six (6) pm of the previous evening.
5.4.5. Acceptable Curbside Waste must be contained in a sealed container such as a garbage bag or trash can, sufficient to prevent waste from escaping said container. It is the responsibility of residents to clean up any waste that escapes from their container(s).
ARTICLE VI - FINES AND PENALTIES
6.1 Whomever violates any of the provisions of this Ordinance, or rules and regulations established by the Selectmen under this Ordinance, shall be punished by a fine of not more than three thousand dollars ($3,000.00) plus costs. Fines shall be recovered on complaint to the Town of Buxton. Each load of waste or each day of violation shall be considered a separate violation and subject to a separate fine. Any other costs incurred or caused as a result of the violation will be charged to the violator and recovered by the Town of Buxton.
ARTICLE VII - MISCELLANEOUS
7.1 The Selectmen may establish by order, schedules of waste disposal charges for the use of those Approved Disposal Facilities owned by the municipality. The schedules may also include different fees for disposal of different kinds of Solid Waste. All fees collected shall be for the use of the Town of Buxton.
7.2 It shall be the duty of the Selectmen to enforce the provisions of this Ordinance, and the Selectmen may authorize a representative(s) to do so.
7.3 All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed, effective on the enactment date of this Ordinance, any revision date of this Ordinance, or any other date as may be determined by order of the Selectmen.
7.4 If any section, subsection, sentence, or part of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance.
7.5 This Ordinance shall not limit in any way, recourse imposed by other governmental agencies or courts for Solid Waste or Hazardous Wastes violations.
AN ORDINANCE RELATING TO TRAFFIC CONTROL
SECTION 1 – NO PARKING
- It shall be unlawful to park any vehicle within the public way at the following designated locations:
- For 100 (One Hundred) feet along both sides of all Public Ways, measured from the outermost boundary of each intersecting road, at the following intersections:
U.S. Route 202 (Narragansett Trail) and Route 112 (River Road)
U.S. Route 202 (Narragansett Trail) and Old Orchard Road
U.S. Route 202 (Narragansett Trail) and Portland Road and Route 4A
Route 112 (River Road) and Route 4A (Main Street)
Route 112 (Parker Farm Road) and Route 22 (Long Plains Road)
Route 112 (Parker Farm Road) and Limington Road
U.S. Route 202 (Narragansett Trail) and Route 22 (Long Plains Road)
Route 22 (Long Plains Road) and Limington Road
Hurlin Smith Road and Dunnell Road
- On the southwesterly/left hand side of Woodman Road as approached from route 112 for a length of 500 (five hundred) feet from Route 112.
- For 100 (One Hundred) feet along both sides of all Public Ways, measured from the outermost boundary of each intersecting road, and for 300 (Three Hundred) feet along the right hand travel lane heading westerly on route 22 beyond said intersection, and for 1000 feet along the right hand travel lane heading north on the Groveville Road beyond said intersection, at the following intersection:
Route 22 and Haines Meadow and Groveville Road
- One the North side of the Limington Road from Route 112 to Bonny Eagle Boulevard.
- On the Southwest side of Route 117 (Joy Valley Road) from route 202 for a distance of two-tenths of a mile.
- On the Northeast side of Route 117 (Joy Valley Road) form the small parking area at the intersection of route 202 to the point opposite the end of No Parking on the Southwest side of said road.
- Beginning at the corner of Rt. 4A and Salmon Falls Road on the Easterly side of said Salmon Falls Road and running in a Southerly direction 565 feet to a point which is currently the corner of the land of Rausch and Packard. Then beginning again at a point 165 feet from the last mentioned point and running Southerly along the Easterly side of said Salmon Falls Road to the corner of Salmon Falls Road and Woodman Road.
- Beginning at a point on the Westerly side of Salmon Falls Road 220 feet in a Southerly direction from the intersection of Rt. 4A and continuing in a Southerly direction for a distance of 150 feet.
- 200 feet South West prior to the entrance of Pleasant Point Park extending beyond the park entrances for another 400 feet. On the North West side of the road for 400 feet to the parking lot entrance and extending another 200 feet creating NO PARKING on both sides of the road.
- The fact that a vehicle is unlawfully parked in violation of these regulations shall be prima facie evidence of the unlawful parking of such vehicle by the person in whose name such vehicle is registered.
- Any violation of this Ordinance shall be a civil violation, the penalty for which shall not exceed $100.00.
- Any vehicle parked in violation of the provisions of this ordinance shall be subject to towing at the direction of the Buxton Police Department, at the expense of the vehicle owner.
- Any person charged with the violation of any of the provisions of these regulations may waive all court action by payment of a fee of $10.00 to the Treasurer of the Town of Buxton within 10 days from the date of the Notice of Violation. If payment is not made within 10 days from the date of Notice of Violation, the fee will double.
SECTION 2 – NO THROUGH TRUCKS
- It shall be unlawful for commercial trucks to pass continuously from one end of the road to another, unless conducting business at a residence of the road or under the direction of the Municipal Officers on the following roads:
Boynton Road
SECTION 3 – PARKING REQUIREMENTS
- Method of Parking, Standing or Parking Close to Curb –
No person shall stand or park a vehicle in a road way other than parallel with the edge of the roadway headed in the direction of lawful traffic movement and with the right hand wheels of the vehicle within (12) twelve inches of the curb or edge of the roadway except as otherwise provided in this article.
- Stopping, standing or parking prohibited in specified places:
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
- On a sidewalk.
- In front of a public or private driveway.
- Within an intersection.
- Within 15 feet of a fire hydrant.
- On a crosswalk
- Within 20 feet of a crosswalk at an intersection.
- Within 30 feet upon the approach to any flashing beacon, stop signs, or traffic control signal located at the side of a roadway; unless otherwise indicated by signs or pavement markings.
- Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within 75 feet of said entrance (when properly posted).
- Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.
- On the roadway side of any vehicle stopped or parked at the end or curb of a street – so called “Double Parking”.
- Upon any bridge or other elevated structure upon a highway.
- At any place where official signs prohibit stopping.
B. No person shall move a vehicle not lawfully under his control into any such distance as is unlawful.
SECTION 4 – THROUGHWAYS
1. The intersection of Turkey Lane Road and Groveville Road shall be designated as a STOP intersection.
TOWN OF BUXTON
CONSUMER FIREWORKS ORDINANCE
PROHIBITING THE SALE AND USE OF CONSUMER FIREWORKS
- Purpose. This Ordinance governs and prohibits the sale and use of consumer fireworks to ensure the safety of the residents and property owners of the Town of Buxton and of the general public.
B. Title and authority. This Ordinance shall be known as the "Town of Buxton Consumer Fireworks Ordinance." It is adopted pursuant to the enabling provisions of the Maine Constitution, the provisions of 30_A M.R.S. § 3001, the provisions of P.L. 2011, Ch. 416, § 5 (effective Jan. 1, 2012), codified at 8 M.R.S. § 223-A.
The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Consumer Fireworks – "Consumer fireworks" has the same meaning as in 27 Code of Federal Regulations, Section 555.11 or subsequent provision, but includes only products that are tested and certified by a 3rd-party testing laboratory as conforming with United States Consumer Product Safety Commission standards, in accordance with 15 United States Code, Chapter 47. "Consumer fireworks" does not include the following products:
A. Missile-type rockets, as defined by the State Fire Marshal by rule;
B. Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and
C. Sky rockets and bottle rockets. For purposes of this definition, "sky rockets and bottle rockets" means cylindrical tubes containing not more than 20 grams of chemical composition, as defined by the State Fire Marshal by rule, with a wooden stick attached for guidance and stability that rise into the air upon ignition and that may produce a burst of color or sound at or near the height of flight.
3. USE AND SALE OF CONSUMER FIREWORKS PROHIBITED.
No person shall use, sell, or offer for sale consumer fireworks within the Town
of Buxton.
This Ordinance does not apply to a person issued a fireworks display permit by the Town of Buxton and/or the State of Maine pursuant to 8 M.R.S. §227-A.
5. VIOLATION PENALTIES AND ENFORCEMENT.
A. Penalty for Violation. For each violation of a provision of this Ordinance or other failure to comply with any of the requirements thereof, the person shall be subject to a fine of not less than $100 and not more than $2,500, plus attorney’s fees and costs.
B. Enforcement. This Ordinance shall be enforced by the Town of Buxton Police Department.
C. Injunction. In addition to any other remedies available at law or equity, the Town of Buxton, acting through its Board of Selectmen, may apply to any court of competent jurisdiction to enjoin any planned, anticipated or threatened violation of this Ordinance.
D. Seizure & Disposal. The Town may seize consumer fireworks that the Town has probable cause to believe are used or sold in violation of this Ordinance and shall forfeit seized consumer fireworks to the State for disposal.
This Ordinance takes effect immediately upon adoption.
Should any section, subsection or portion of this Ordinance be declared by any
court of competent jurisdiction to be invalid for any reason, such a decision shall
not be deemed to invalidate any other section, subsection or portion of this
Ordinance.
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