ORDINANCE ESTABLISHING AN ELECTED BUXTON PLANNING BOARD
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".


  • Purpose
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


  • Designation
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


  • Governing Body
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


  • Restrictions
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

  • The intersection of Turkey Lane and Groveville Road shall be designated as a
STOP intersection.







TOWN OF BUXTON
CONSUMER FIREWORKS ORDINANCE
PROHIBITING THE SALE AND USE OF CONSUMER FIREWORKS
1. PURPOSE AND AUTHORITY.
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.
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.
2. DEFINITIONS.
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:
Missile-type rockets, as defined by the State Fire Marshal by rule;
Helicopters and aerial spinners, as defined by the State Fire Marshal by rule; and
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 otter for sale consumer fireworks within the Town of Buxton.

4. EXCEPTIONS.
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.

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.
Enforcement. This Ordinance shall be enforced by the Town of Buxton Police Department.
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.
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.
6. EFFECTIVE DATE.
This Ordinance takes effect immediately upon adoption
7. SEVERABILITY.
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.
















Enacted December  , 2011
Town of Buxton, 185 Portland Road, Buxton, ME 04093
Phone: (207) 929-5191

TAX ACQUIRED PROPERTY ORDINANCE

Section 1:      The Buxton Board of Selectmen shall have the authority to retain or to sell or
otherwise dispose of any real or personal property acquired by the Town of Buxton through non-payment of taxes or by tax deeds.

Section 2:      If the Board of Selectmen determines that the property acquired through
non-payment of taxes should not be retained, the taxpayer may redeem the property by paying all taxes, interest and all related costs to date within sixty (60) days from notification by the Board of Selectmen of the opportunity for redemption.

Section 3:      If the Board of Selectmen determines that there are extenuating circumstances that prevents a taxpayer from paying all taxes, interest and all related costs to date within the sixty (60) days from said notification, the Board of Selectmen shall have the authority to enter into a payment plan.

Section 4:      If the acquired property is not redeemed, the sale of the property shall be advertised in an area-wide publication, with the stipulation that the Board of Selectmen will have the right to accept or reject any and all bids.

Section 5:      The Board of Selectmen shall execute a municipal quit claim deed of the property upon receipt of sale proceeds and, where applicable, a properly executed Bill of Sale, as appropriate to the successful person(s) whose bid was accepted.

Section 6:      The Treasurer shall annually submit a list of all property acquired through non-payment of taxes or tax deeds to the Board of Selectmen.

Section 7:      This Ordinance shall be effective upon enactment by the Town of Buxton voters at the Town’s Annual Town Meeting held June 12, 2012.






Enacted  June 12, 2012

TOWN OF BUXTON
DOG LICENSE ORDINANCE



Section 1.  License required.

No dog shall be kept within the limits of the Town of Buxton unless such dog shall have been licensed and such license is displayed by its owner in accordance with the statutes of the State of Maine.


Section 2.  Penalties and Enforcement.  

The provisions of this ordinance may be enforced by the Buxton Animal Control Officer and penalties may be assessed in accordance with 7 M.R.S.A. §3924.  

If within thirty (30) days after receiving notice of violation the dog owner pays to the Town a penalty amount in accordance with the following schedule, the Town will refrain from proceeding with court action to enforce the violation.

               First Violation                                         $25 per unlicensed dog
               Second violation within 3 years                         $50 per unlicensed dog
               Third or subsequent violation within 3 years            $100 per unlicensed dog


The necessary license fees shall be taken out of the above penalty amounts.  
















Enacted November 6, 2012

THE TOWN OF BUXTON SEX OFFENDER ORDINANCE


Section 1.~ Authority.

This ordinance is enacted pursuant to Title 30-A M.R.S.A. Section 3001 and 30-A M.R.S.A. Section 3014.


Section 2.~ Definitions.

Sex Offender – A person convicted of a Class A, B, or C sex offense committed against a person or persons who had not attained 14 years of age at the time of the offense.

           School – Any public or private elementary, middle, or secondary school .

Municipal Restricted Property – Any municipally-owned athletic field, park, playground, recreational facility or other municipally-owned property where children are the primary users.

Distance – Distance measured from the outer property lines.

Residency – A temporary or permanent dwelling place, including, but not limited to, a house, apartment, condominium unit or motel unit.



Section 3.~ Restrictions

A covered sex offender shall not establish or maintain residency within 750 feet of the property line of a school or a municipal restricted property.



Section 5.~ Exceptions.

A covered sex offender maintaining residency within 750 feet of a school or a municipal restricted property is not in violation of this ordinance if:  (a) The residency was established prior to the date of passage of this ordinance and the residency has been continuously maintained; or (b) a school or a municipal restricted property is created or moved to within 750 feet of the place of residency after the residency was established.



Amended November 6, 2012
TOWN OF BUXTON
BUILDING CODE
Preface
                                                        
The purpose of this Code is to provide for safety, health and public welfare through structural strength and stability, means of egress, adequate light and ventilation and protection to life and property from fire and hazards incident to the design, construction, alteration, removal or demolition of buildings and structures.
The Town of Buxton has adopted the following as its building codes:
2003 Edition of ICC International Building Code"
2003 Edition of ICC International Residential Code for One and Two Family Dwellings"
2001 Edition of "NFPA 31 Installation of Oil Burning Equipment"
2003 Edition of "NFPA 101 Life Safety Code"
2003 Edition of "NFPA 211 Standards for Chimneys, Fireplaces, Vents
and Solid Fuel Appliances"  (Amended November 28, 2007)
In addition to the codes listed above, the Town of Buxton has adopted the following to assist the Code Enforcement Officer in the administration of his/her duties:


CHAPTER 1  ADMINISTRATION

TITLE

Sec. 101.  This ordinance shall be known as the "Building Code of the Town of Buxton, Maine" and shall be construed to secure the safety, health and public welfare through the regulation of construction, alteration, relocation and replacement of buildings; providing for permits and prescribing penalties for violations.

SCOPE
Sec. 102.  The provisions of this Code shall apply to new construction, alterations and additions, relocation and replacement of any building or part thereof, in the Town of Buxton, except as exempted in Section 105.  Provisions of this Code shall not apply to existing dwellings unless altered, and then only to those parts being altered.

CODE ENFORCEMENT OFFICER
Sec. 103.  The Code Enforcement Officer (commonly referred to as the Building Inspector) shall administer and enforce the provisions of this and other applicable ordinances.  The Code Enforcement Officer shall be appointed by the Board of Selectmen.  An Assistant Code Enforcement Officer may be appointed by the Selectmen, if they deem it necessary, and shall act in the full capacity of Code Enforcement Officer as required.  The Code Enforcement Officer and his/her Assistant shall be knowledgeable in the building trades.  The Code Enforcement Officer, or his/her Assistant, shall not have any interest, whether directly or indirectly, connected with the work to be inspected by him/her under this Ordinance.
        
        Inspection:  The Code Enforcement Officer shall inspect all
        buildings being constructed, altered, replaced or relocated
        for the purpose of enforcing the provisions of this Code and
        all other local and State laws governing the construction,
        alteration or replacement of buildings.  It shall be the
        responsibility of the builder to notify the Code Enforcement
        Officer one working day prior to the time a building is ready
        for inspection (and the Code Enforcement Officer shall inspect
        it within one working day of notification) for the following:
        
        1. Foundation and Framing
        a. Foundation Inspection:  Commonly made after poles or piers
        are set or trenches or basement areas are excavated and forms
        erected and any required reinforcing steel is in place and
        prior to the placing of concrete.
        b. Framing Inspection:  Before plumbing, wiring and chimney
        are closed in.
        
        2. Final Inspection
        a. Final Inspection:  Commonly made after construction is
        completed and ready for occupancy prior to issuance of an
        Occupancy Permit.
        
        3. Other Inspections
        In addition to the inspections required above, the Code
        Enforcement Officer may make or require any other inspections
        to ascertain compliance with this Code and other laws enforced
        by the Town of Buxton.  Failure to notify shall be a violation
        of this Ordinance and subject to the enforcement provisions of
        this Code.

RIGHT OF ENTRY
Sec. 104.  The Code Enforcement Officer in the performance of his/her duties, and at reasonable times, may enter any building with the consent of the owner or his/her agent, for the purpose of making the inspection required by this Code.  If consent is not granted, the Code Enforcement Officer may seek an administrative warrant from District Court.  The Code Enforcement Officer and/or his/her Assistant, shall be defended by the Corporation Counsel of the Town of Buxton until final determination of the proceedings.


PERMIT
Sec. 105.  Before construction, alteration, relocation, demolition or replacement of any building or part thereof shall be commenced, except as specifically exempted, the owner or lessee, or the architect, contractor or builder employed by such owner or lessee shall obtain from the Code Enforcement Officer a permit covering such proposed work.  A certificate of approval by official governmental agency shall be furnished with every prefabricated assembly, except where all elements of the assembly are readily accessible to inspection at the site.  A final inspection shall be provided in accordance with this Code.

A. Exemptions:

        1.Normal Maintenance:  Normal maintenance (including but not limited to re-roofing and residing) may be made without filing an application or obtaining a permit.

        2.Minimum Amount:  No permit shall be required for the construction, alteration, relocation, or replacement of any building or part thereof, so long as it conforms with the provisions of this Ordinance, within the Town of Buxton, to the extent of $1000 or less of total fair market value.  The burden of proof in regard to this value rests with the property owner.

B. Application:     The application for the permit shall be in writing and shall be made on such form as the Code Enforcement Officer prescribe, and shall contain a scale drawing of the proposed new, altered or relocated building, or the replacement contemplated, including a plot plan (unless waived by the Code Enforcement Officer).  The application shall be filed with the office of the Code Enforcement Officer.

C. Permit Approval:  The Code Enforcement Officer, after proper examination of the application shall either issue the requested permit or transmit a notice of refusal within 10 calendar days.  Notice of refusal shall be in writing and shall state the reasons therefore.  However, when the Code Enforcement Officer has reason to believe that the proposed construction would not be in compliance with other local regulations or state laws, he/she shall not issue any building permit until all questions have been resolved to his/her satisfaction.  When a violation of subdivision standards is believed to exist, the Planning Board shall be given an opportunity to examine the proposal.

D. Life of Permit:  All building permits shall be void unless work there under is begun within six months from the date of issuance, and completed within eighteen months of issuance, unless another Building Permit is renewed and paid for.

E. Display of Permit:  Every building permit shall be displayed in a conspicuous place on the premises and shall not be removed until all work covered by the permit has been approved.

FEES
The fee for building permits shall be calculated by the square foot based on use.  Fees shall be established for certain permits not based on area, but on function, such as signs, removal of tanks, and such other items as the Selectmen deem necessary.  The Selectmen shall set and update the fees as required.  The fee shall be paid to the Code Enforcement Officer before any Building Permit is issued.  The Code Enforcement Officer shall forward all fees collected to the Town Treasurer on a weekly basis.  

CERTIFICATE OF OCCUPANCY
Sec. 107.  No new building shall be occupied after its construction until a certificate of occupancy is issued from the Code Enforcement Officer.  The Inspector shall issue said certificate after proper examination shows that all work was performed in compliance with the provisions of this Ordinance.

A. Temporary Certificate:  Upon request of the holder of a building permit, or of the owner, the Building Inspector shall issue a temporary certificate of occupancy for part of a building or structure; provided that such temporary occupancy or use would not jeopardize life or property.  In special cases where extreme hardship would otherwise result, the Code Enforcement Officer may issue a Certificate of Partial Completion to enable a building to be occupied before it has been entirely completed.  In order to qualify for a Certificate of Partial Completion, all bedrooms shall have at least two means of egress (typically a door and a window meeting egress standards, but two doors leading to two separate paths is also acceptable); plumbing pipes must be either complete or be capped; the electrical panel cover must be in place; and the roof must be weather-tight.  Such a Certificate shall expire after 12 months and may be renewed by the Code Enforcement Officer.  The Code Enforcement Officer shall inspect such buildings at least once a year until they have been completed, and he shall note in writing all uncompleted items existing on the inspection date.  A copy of his/her inspection report shall be mailed to the applicant within seven days of the inspection.

DISPOSAL OF WASTE DURING CONSTRUCTION
Sec. 108.  Waste material and rubbish shall not be stored nor allowed to accumulate within the building or in the immediate vicinity, but shall be removed from the premises as rapidly as practical.

SWIMMING POOLS
Sec. 109.  No person or firm shall begin construction of or erect a swimming pool without first obtaining a building permit.  The Code Enforcement Officer shall issue a permit only after satisfying himself from plans or specifications presented by the applicant that the proposed swimming pool will conform with the following requirements.


A. Pools to be Kept Enclosed:  Every swimming pool shall be enclosed by a fence or wall at least four feet in height, which shall have no openings larger than four inches in the least dimension, constructed so as to exclude children.  Any building or related structure may be included as a part of the required enclosure.  Any inaccessible banking or earth or any body of water, either of which cannot be traversed readily on foot shall be considered a part of the enclosure.  All gates and door openings through the enclosure shall be equipped with a latching device for keeping the gate or door securely latched at all times when not in use.  Latches shall be installed so that doors may be unlatched from the outside only by reaching over the fence to an inside latch.  Any pool constructed above ground level shall have a self-closing gate, which is a minimum of four feet in height.  It is the intent of this section to provide for personal safety.

B. Set-Back Requirements:  No swimming pool shall be constructed closer than 20 feet from the side or rear lot line, nor closer to the front line of any lot than would be permitted for buildings or other structures by other provisions of this Ordinance.  All mechanical equipment for the purposes of filtering, heating, pumping, cleaning, filling, draining or any other maintenance related activity shall not be located closer to a property line than the minimum yard dimensions of the zoning district in which the pool is located.

C. All electrical service to the pool and equipment shall be protected by a ground-fault circuit interrupter.

CONFLICT WITH OTHER CODES AND ORDINANCES
Sec. 110.  Where there is a conflict between this Code and the requirements of any other code or ordinance of the Town of Buxton, the more restrictive shall apply.  This Building Code replaces the previously adopted building code of the Town of Buxton, which is hereby replaced.

VIOLATIONS
Sec. 111. All building construction or work performed in violation of the provisions of this Code, which includes the codes adopted by reference herein, or any occupancy of any building constructed as a dwelling without the required certificate of occupancy shall be considered a nuisance.  Any persons found guilty of creating such nuisance shall be subject to a fine of not less than $100 for each offense.  Each day in which a violation is proved to exist shall constitute a separate offense under this section.  In addition to the above, any work in violation of this code shall be removed to allow inspection.



RIGHT OF APPEAL
Sec. 112.  
A. Any applicant who is denied a Building Permit under Sec. 105 or an inspection certificate under Sec. 103 may appeal their denial to the Board of Appeals.  All appeals shall be submitted in writing, and shall include sketches or drawings to illustrate the issue for consideration.

B. The Board of Appeals is hereby authorized to determine whether the Code Enforcement Officer made any errors of interpretation or any errors of procedure in administering this Code, after conducting a public hearing as required by State Law (Title 30, MRSA, Sec. 2411).

C. All decisions of the Board of Appeals shall become part of the record and shall include a written statement of findings and conclusions, as well as the reasons or basis for such conclusions.  Notice of decisions shall be mailed to the applicant and to the Code Enforcement Officer within 7 days of the decision being made.

ALTERNATIVE MATERIALS
Sec. 113.  The provisions of this Code are not intended to prevent the use of any materials or method of construction not specifically prescribed by this Code, provided any such alternative meet the performance standards referred to in Chapter 47 of the CABO One and Two Family Dwelling Code.  The Code Enforcement Officer may approve any such alternative provided he finds that the proposed design is satisfactory and complies with accepted design criteria.  The Code Enforcement Officer may require that evidence or proof be submitted to substantiate any claims that may be made regarding its use.

DEFINITIONS
Sec. 114.  Certain words and phrases shall be construed throughout this Code to have the meaning indicated in this Section.
Alteration: As applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing in height.
BOCA: Building Officials and Code Administrators International, Inc.
Building: Means a combination of materials to form a construction that is safe and stable, and adapted to permanent, continuous, or seasonal occupancy for assembly, business, educational, institutional, mercantile, residential, storage or similar purposes; the term "building" shall be construed as if followed by the words "or portion thereof".
Building Existing: Existing building is a building erected prior to the adoption of this Code, or one for which a legal building permit has been issued, prior to adoption of this Code.
Building Inspector: Building Inspector is the town official who is charged with the administration and enforcement of this Code.  The term "Building Inspector" includes the term "Building Official" and "Code Enforcement Officer".
Code: This term shall also mean "ordinance".
Dwelling Unit: Dwelling unit is a single unit providing complete independent living facilities for one or more persons having permanent provisions for living, sleeping, eating, cooking and sanitation.  A dwelling unit must contain at least 480 sq. ft. of floor space.  This term does not include camper trailers.
Expansion: is defined as meaning: 1.Construction of additions to existing facilities, buildings and structures; and 2.Construction of new freestanding facilities, buildings and structures.  Under definition 1 and 2 above, construction is limited to an expansion of existing facilities, buildings and structures and other facilities, buildings and structures reasonably or customarily associated with said existing facilities, buildings and structures.
Hot Water: Hot water means water at a temperature of not less than 120 degrees F.
Loads: Live and Dead: Dead loads are the weight of the walls, partitions, framing, floors, ceilings, roofs and all other permanent stationary construction entering into and becoming a part of the building.  Live loads are all loads (including snow loads), except dead and lateral loads.
Lot Line: Means a line dividing one lot from another, or from a street or other public space.
Lot of Record: Means a lot duly recorded at the office of the York County Registry of Deeds, as of the effective date of this Ordinance.
Owner: Includes his/her duly authorized agent or attorney, a purchaser, devisee, fiduciary, and a person having a vested or contingent interest in the property in question.
Repair: Means the replacement of existing work with equivalent materials for the purpose of its maintenance.
Street Line: Means a lot line dividing a lot from a street.
Street: Any commonly traveled thoroughfare, either publicly or privately maintained, which is open to the public, which affords the principal means of access to abutting lots.  The definition of "street" does not include driveway.
Structure: See "Building"
Swimming Pool: An outdoor man-made receptacle having a surface area of 250 feet or more, designed to hold water to a depth of at least 24 inches, primarily for swimming or bathing whether in the ground or above the ground.

DILAPIDATED/UNSAFE BUILDINGS AND STRUCTURES
Sec. 115.  Dilapidated or unsafe structures shall be treated as follows:
A. Application: The term unsafe building or structure shall apply to buildings or structures or portions thereof, existing or hereafter erected, as follows:

1.Those deemed structurally unsafe, unstable, unsanitary, inadequately provided with exit facilities, constituting a fire hazard, unsuitable or improper for the use of occupancy to which they are put; constituting a hazard of health or safety because of inadequate maintenance, dilapidated, obsolescence or abandonment; or otherwise dangerous to life or property.
        
        2.Vacant buildings or structures or portions thereof deemed to constitute a hazard.

B. Notice of Unsafe Buildings or Structures: Upon determining that a building or structure or portion thereof is unsafe, the Code Enforcement Officer shall serve or cause to be served on the owner, or some one of the owners, executors, administrators, agents, lessees or other persons who may have a vested or contingent interest in the same, a written notice containing a description of the building or structure or portion which is unsafe, and an order requiring that same to be made safe and secure or removed, as may be deemed necessary by him.  If the person to whom such notice and order is addressed cannot be found after diligent search, then such notice and order shall be sent by certified or registered mail to the last known address of such person; and a copy of such notice shall be posted in a conspicuous place on the premises to which it relates.  Such mailing and posting shall be deemed adequate service.

C. Hearing: Any person having a legal interest in the unsafe building may request that the Selectmen hold a public hearing within thirty days of the notice being issued.  Notice of the hearing shall be given in ample time to allow public attendance.

D. Restoration of Unsafe Building or Structure: A building or structure or part thereof declared unsafe by the Code Enforcement Officer may be restored to safe condition; provided that if the damage or cost of reconstruction or restoration is in excess of 50 percent of the value of the building or structure, exclusive of foundations, such building or structures, if reconstructed or restored, shall be made to conform with respect to materials and type of construction, to the requirements of this code; but no change of use or occupancy shall be compelled by reason of such reconstruction or restoration.

E. Disregard of Unsafe Notice: If the person served with a notice or order to remove or repair an unsafe building or structure or portion thereof should fail, within a reasonable time, to comply with the requirements thereof, the Code Enforcement Officer shall advise the Selectmen of all the facts in the case, and they shall institute an appropriate action in accordance with the procedures set forth in Title 17, Maine Revised Statutes Annotated, section 2851 et seq.

APPLICATION AND SEVERABILITY
Sec. 116.  This Code shall not nullify the more restrictive provisions of covenants, agreements, other ordinances or laws, but shall prevail notwithstanding such provisions which are less restrictive.
Sec. 117.  Should any section, or part thereof, of this Ordinance be held by the courts to be invalid, the same shall not affect the validity of this ordinance as a whole or any part thereof, other than the part so declared to be invalid.
Sec. 118.  No amendments to this Ordinance shall apply to outstanding permits issued before the effective day of the amendment.  This code may be amended at any Town Meeting or referendum vote of the town.
Sec. 119   The Building Code for the Town of Buxton, Maine, adopted March 2, 1985, as revised is hereby repealed.  
              The Building Code for the Town of Buxton, Maine, Adopted June 15, 2002, was amended at a special town meeting on November 28, 2007.  
                            
































Adopted June 15, 2002
Amended November 28, 2007