Motorcoach Guidelines/Registration

Motorcoach Guidelines

TOWN OF KENNEBUNKPORT, MAINE

Section #12B Commercial Tour Bus Ordinance:

Purpose: The purpose of this ordinance is for public safety and convenience, for the welfare of the citizens and is intended to provide for safe passage and to reduce traffic congestion of vehicles on the Town's narrow and winding roads. This ordinance applies only to operations as defined below. Definition: For purposes of this ordinance a commercial tour bus is defined as a motor vehicle designed for carrying more than 15 persons, including the operator.Exceptions: The "Trolley" and "Shuttle Bus" so-called, used for the conveyance of persons within the Kennebunks at the time of the adoption of this ordinance, shall continue to utilize the designated "Trolley Stops" for pick up and discharge of passengers. Expansion of either existing service within the communities, will be governed by this section (exceptions).

1. Commercial Tour Buses may utilize Cross Street to discharge or pick up passengers and are limited to ten (10) minutes to accomplish their task. Bus engines are required to be turned off at this location while performing either function. Tour Buses shall only discharge and pick up passengers on the south side of Cross Street.

2. Commercial Tour Buses utilizing any area designated by the Town to discharge or pick up passengers are limited to ten (10) minutes to accomplish their task. Bus engines are required to be turned off at this location while performing either function.

3. Commercial Tour Buses are prohibited from stopping, standing, parking, loading or unloading on any street or way bounded by Elm Street, Maine Street, North Street, Church Lane, Temple Street, Spring Street and Ocean Avenue, except as otherwise expressly authorized by this Ordinance.

4. Commercial Tour Buses are prohibited from stopping, standing, parking, loading or unloading on Ocean Avenue.

5. Commercial Tour Buses are prohibited from turning around and retracing their route while operating on the following roads: on Ocean Avenue starting from the Colony Hotel so-called, along the Turbats Creek Road and Wildes District Road.

6. Notifications: Beginning August 15, 2003, between May 1st and October 31st each year, commercial tour buses utilizing any expressly authorized location on any public way, street or other town owned property to discharge or pick up passengers are required to notify the Town of their intent to utilize an expressly authorized location, by notifying the Town or its authorized designated person or entity. Notification must be provided to the Town at least three (3) days in advance to allow the Town to prepare for each arrival and departure. Permits will be made available to parties, on a first come first serve basis, which shall be valid for one (1) arrival and one (1) departure.

No more than ten (10) commercial tour buses (any combination of arrivals and departures provided the total number of trips does not exceed ten) that have made the required advanced notification will be scheduled per hour each day between the hours of 9:00 AM and 7:00 PM. Commercial tour buses arriving without having made the required notification and without having received a permit are subject to space availability (not to exceed the ten (10) bus limit per hour).

When issuing permits, the Town shall take into consideration that no more than four (4) commercial tour buses should be parked simultaneously on Cross Street.

7. Enforcement: The Chief of Police or any of his designated officers will enforce this Ordinance. Any officer who observes a violation of this Ordinance may summons that individual to the District Court. Any officer who receives a complaint of a violation of this Ordinance from a citizen may, after investigation of the complaint and determining that sufficient evidence exists to conclude that a violation of the Ordinance occurred, summons the offender to the District Court.

8. Civil Penalty: Any person adjudicated in violation of this Ordinance shall be liable for a civil penalty.

9. Penalties:

First Offense: A fine of $100.00 be imposed. (Note: Officers have the discretion of issuing a warning depending on the circumstances.)

Second & Subsequent Offenses: A fine of $250.00 be imposed.Any second or subsequent offender of this ordinance who is summonsed for violation may waive all court action by payment of the civil penalty to the Town within ten (10) days of the date of the summons. If the penalty is not paid and or if court action ensues, the offender shall be liable for any and all costs incurred by the Town in enforcing this Ordinance, including but not limited to court filing fees and the cost of legal counsel.