Vehicle Waste Disposal Fee Ordinance

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VEHICLE WASTE DISPOSAL FEE ORDINANCE

REPEALED 03/14/15

Pursuant to Title 30, M.R.S.A. §3001, the Town of Cranberry Isles, Hancock County, Maine hereby enacts an ordinance entitled “Vehicle Waste Disposal Fee”, for the purpose of addressing and funding the removal and disposal of motor vehicles abandoned on the Cranberry Isles by their owners. For this ordinance the Town’s definition of abandonment is the same as found in Title 29A, M.R.S.A. §1852 (supp 2001) which reads “for the purpose of this subchapter, a vehicle is considered ‘abandoned’ if the owner or lien holder does not retrieve it and pay all reasonable charges for towing, storing and authorized repair of the vehicle within 14 days after the notice to the owner and lien holder are sent by the Secretary of State, or 14 days after the advertisement published as required in Section 1854, Subsection 4 of Title 29A.”

a. Any individual desiring to bring a motor vehicle to the Cranberry Isles shall be required to show an “Importation Permit Decal” to the barge or ferry operator prior to that vehicle being loaded aboard a barge, float or other transportation vehicle. This Importation Permit Decal is obtained from the Town of Cranberry Isles’ Treasurer and represents a fee for the vehicle waste disposal should a vehicle become abandoned; the amount of fee shall be $250 and shall apply to all motorized vehicles (as defined in Title 29-A, M.S.R.S., § 101, subsection 42) brought to the Cranberry Isles including, but not limited to: cars, trucks, travel trailers, and golf carts. It does not include: snowmobiles, all-terrain vehicles or motorized wheelchairs. Should the person importing the vehicle to the Cranberry Isles subsequently sell or otherwise transfer it to another island individual, the fee shall be returned to the seller by the Town Treasurer and the buyer must pay a similar $250 fee as part of the vehicle purchase and registration process. Exceptions to this fee are covered in the section of this ordinance entitled “Exceptions.

b. If payment of this Importation Permit vehicle waste disposal fee is made less than 14 days prior to the barging trip, the Town Treasurer may, at his/her discretion require payment in cash or by money order. If payment is made by check that is subsequently returned for insufficient funds, a fee of $25.00 will be charged for administrative costs.

c. The Importation Permit fee shall be used for collection, transportation and disposal of those vehicles abandoned by their owner. This fee will be held by the Town Treasurer in an income producing account and all income thus earned shall be retained by the Town of Cranberry Isles. Disbursement of these funds shall be in accordance with standard municipal practices, pursuant to a majority vote of the Board of Selectmen. It shall be by decision of the Board of Selectmen when a motor vehicle has been abandoned and that funds from this fee account may be used for vehicle waste disposal.

d. The amount of this vehicle waste disposal fee may be adjusted only by the ballot of voters of the Town of Cranberry Isles, either at an Annual of Special Town Meeting.

e. The fee shall be paid to the Treasurer of the Town of Cranberry Isles, and must be paid prior to vehicle loading on a barge or other transport in Northeast Harbor or Southwest Harbor. The barge operator shall not load or transport any motor vehicle to the Cranberry Isles whose owner has not produced an Importation Permit, or left a copy in the vehicle awaiting transportation. The Town of Cranberry Isles may issue a decal or similar sticker which will be permanently displayed in the motor vehicle’s right side front windshield to indicate that the permit fee has been paid. If the owner of a vehicle fails to obtain an Importation Permit and his/her motor vehicle is transported to the Cranberry Isles, then it is the vehicle owners responsibility to pay this fee within ten days of the vehicle’s arrival on the island or be subject to a summons for violation of this ordinance which is a civil violation with a fine not to exceed $750.00. This ordinance shall be enforced by the following Town Officials: Code Enforcement Officer, Town Constable, and Selectmen.

f. Fees will not be returned prior to a vehicle being removed from the Cranberry Isles unless there is a change of ownership of the vehicle. The Owner is responsible for notifying the Town Clerk of any change of ownership of a vehicle and compliance with Title 29-A, M.S.R.S., Article 4, § 502. Notification to the Town Clerk shall take the form of a Bill of Sale or gift signed by both parties to the transaction. The Town of Cranberry Isles has no liability regarding change of ownership but the owner of a vehicle purchased from another individual within the municipality shall comply with paragraph a. above.

g. If the Town of Cranberry Isles removes a vehicle for disposal the entire amount of fee is forfeit to the Town of Cranberry Isles, regardless of actual cost of removal. The $250 fee will not be returned until someone other than the Town of Cranberry Isles removes the vehicle from the islands. This fee will be returned to the last known owner as recorded in the Town Clerk’s office.

h. EXCEPTIONS: Vehicles coming to the Cranberry Isles that are exempt from requirements of this ordinance include, but are not limited to:

(1) Vehicles owned by a mainland company that come solely to make deliveries or pick-ups and are returning on the same day.

(2) Vehicles that are rented from a mainland company and are staying from no more than two days to be loaded or unloaded.

(4) Vehicles belonging to the Cranberry Isles, State or Federal Government.

(5) Other vehicles that are granted an exemption to this ordinance on an individual, case- case basis, by a member of the Board of Selectmen, where he or she is reasonably assured that the vehicle will be properly removed.

The effective date of this ordinance shall be March 15, 2004, and it shall continue in effect until repealed and/or modified by the voters of the Town of Cranberry Isles. This vehicle disposal fee shall only apply to vehicles brought to the Cranberry Isles after the effective date of this ordinance.

[Note: This proposed ordinance has been reviewed by the Town’s Attorney, Anthony Giunta, as reported in his letter of January 28, 2003, with all of his recommendations incorporated therein.]