Sec. L-1. 23 MRSA §1153, as amended by PL 1971, c. 593, §22, is repealed and the following enacted in its place:
§1153. Advertising on highways; jurisdiction; removal
1. Erecting advertisement on highway. A person may not post, erect, display or maintain or cause to be posted, erected, displayed or maintained a sign, billboard, panel, placard, poster, notice or other advertising device in, upon or above any highway or so situated with respect to any highway as to obstruct clear vision of an intersecting highway or highways or otherwise so situated as to prevent the safe use or obstruct the maintenance of the highway. The highway is deemed the full width of the road as laid out by the State, county or the town and in any case is deemed to extend 33 feet from each side of the center line of the traveled or built-up portion of the way.
2. Application. This section does not apply to the State or to a political subdivision of the State or to signs erected or maintained with the approval of the department solely for the purpose of safeguarding, facilitating or protecting travel along the highway.
A. The department may authorize the placing of directional signs of such design as it determines, not exceeding 48 inches in length and 9 inches in width to designate places of interest, to be posted without expense to the State at the junction of roads.
B. A person, firm or corporation, while working on, under, over or immediately adjacent to a highway, may erect temporary warning or directional signs or signals for the purpose of safeguarding or protecting its workers and facilitating and protecting travel along the highway by the traveling public.
3. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $5 and not more than $500 may be adjudged.
B. After having been adjudicated as having violated paragraph A, a person who unlawfully maintains any sign, billboard, panel, placard, poster, notice or other advertising device for 10 days after the adjudication is subject to an additional fine of not more than $50 for each day upon which such sign, billboard, panel, placard, poster, notice or other advertising device is maintained.
4. Removal. The State Police shall remove all signs, billboards, panels, placards, posters, notices or other advertising devices existing within the limits of the highway in violation of this section.
Sec. L-2. 23 MRSA §1401, as amended by PL 1985, c. 20, is repealed.
Sec. L-3. 23 MRSA §1401-A is enacted to read:
§1401-A. Installations restricted
1. Installing of buildings or fixtures. A person may not install, erect or construct, or cause to be installed, erected or constructed, installations such as buildings, gasoline pumps or other fixtures, in, upon or near any state or state aid highway, located as follows:
A. Within the full width of the right-of-way of any state or state aid highway as laid out by the State, the county or the town;
B. Within 33 feet of the center line of any state or state aid highway. This paragraph does not apply to installations or other property in existence on August 6, 1949. The commissioner has discretion to waive the application of this paragraph to the reconstruction of a building in the general location of the previously existing building if the commissioner determines that highway safety and the public welfare will not be adversely affected; or
C. Within 20 feet from the outside edge of any of the paved portion of any state or state aid highway having more than 2 travel lanes and having a total paved portion in excess of 24 feet in width. This paragraph does not apply to installations or other property in existence on September 1, 1955.
2. Penalties. The following penalties apply to violations of this section.
A. A person who violates this section commits a civil violation for which a fine of not less than $5 and not more than $500 may be adjudged.
B. After having been adjudicated as having violated paragraph A, a person who unlawfully maintains any installations such as buildings, gasoline pumps or other fixtures for 30 days after the adjudication is subject to an additional fine of not more than $50 for each day such installations are maintained.
3. Application. This section does not apply to the installations or other property devoted to the public use of any public utility or district and underground pipelines.
Sec. L-4. 23 MRSA §1980, sub-§1, as enacted by PL 1981, c. 595, §3, is amended to read:
1. Traffic infraction. Any Except as provided in subsection 1-A, a violation of published rules relating to the turnpike or its use or services shall be deemed is a traffic infraction and shall be is punishable by a fine of not more than $250 $500, except that any person who operates a motor vehicle at a speed which exceeds, by 30 miles an hour or more, the speed fixed by the authority shall be guilty of a misdemeanor and shall be punished by a fine of not less than $50 nor more than $500 or by imprisonment for not more than 30 days, or by both. Any failure or neglect to pay tolls, fares or charges for use of the turnpike shall be deemed a misdemeanor and shall be punishable by a fine of not more than $500 or by imprisonment for not more than 30 days, or by both. Nothing contained in this section may prevent the authority from collecting payment for use of the turnpike or any other service in connection with the turnpike by action at law or in equity.
Sec. L-5. 23 MRSA §1980, sub-§1-A is enacted to read:
1-A. Criminal violations. The following violations of published rules relating to the turnpike or its use or services are crimes.
A. A person who operates a motor vehicle at a speed that exceeds, by 30 miles per hour or more, the speed fixed by the authority commits a Class E crime.
B. A person who fails or neglects to pay tolls, fares or charges for use of the turnpike commits a Class E crime.
These crimes are strict liability crimes as defined in Title 17-A, section 34, subsection 4-A.
Sec. L-6. 23 MRSA §1980, sub-§4 is enacted to read:
4. Other collection procedures. Nothing in this section prevents the authority from collecting payment for use of the turnpike or any other service in connection with the turnpike by action at law or in equity.
Sec. L-7. 23 MRSA §3252 is repealed and the following enacted in its place:
§3252. Drainage or obstruction of public ways
1. Change in drainage; obstruction. A person, personally or through the person's agents or servants, may not do any of the following acts in a manner that changes the drainage of a public way or obstructs a public way:
A. Cultivate, in connection with the improvement of lands adjacent to a public way, any portion of the wrought portion of a public way;
B. Turn teams, tractors, farm machinery or other equipment upon the wrought portion of a public way; or
C. Deposit within or along any ditch or drain in a public way any material that will obstruct the flow of water in the ditch or drain or otherwise obstruct the way. With the written consent and in accordance with specifications of the legal authorities having supervision of the ditch or drain, a person may, to provide egress and regress to and from lands occupied by that person, lawfully construct and maintain a bridge across the ditch or drain.
2. Penalties. The following penalties apply to violations of this section.
A. A person who intentionally or knowingly violates subsection 1 commits a civil violation for which a fine of not more than $50 plus costs may be adjudged.
B. A person who intentionally or knowingly violates subsection 1 after having previously violated this section commits a civil violation for which a fine of not more than $100 plus costs may be adjudged.
All fines recovered under this section, except in cases where the way involved was maintained by the State, must be paid to the treasurer of the municipality, or, for an unorganized place, to the treasurer of the county, where such offense is committed and must be expended in the construction and maintenance of public ways or drains therein.
3. Damages. In addition to the fines under subsection 2, a person who intentionally or knowingly violates subsection 1 is liable for double the amount of the actual damage, to be recovered in a civil action by the municipality, or, in behalf of any unorganized place, by the county where the offense is committed.
4. Jurisdiction. In all prosecutions under this section, the District Court has, upon complaint, jurisdiction concurrent with the Superior Court.
5. Application. This section does not apply to a person having legal supervision of a public way.
Sec. L-8. 23 MRSA §3253 is repealed.
Sec. L-9. 23 MRSA §3254 is repealed and the following enacted in its place:
When the attention of a municipal officer, or, for an unorganized place, a county commissioner, is directed to a violation of section 3252 within the municipal officer's or county commissioner's jurisdiction, the municipal officer or county commissioner shall enter a complaint against the offender and prosecute the violation to final judgment.
Sec. L-10. 23 MRSA §6019, as enacted by PL 1987, c. 141, Pt. A, §4, is repealed and the following enacted in its place:
§6019. Loitering; soliciting passengers
1. Loitering prohibited. A person may not loiter or remain, without right, within any car or station house of a railroad corporation or upon the platform or grounds adjoining that station after being requested to leave by a railroad officer.
2. Soliciting passengers prohibited. A person may not solicit passengers, in competition with a railroad corporation, in a station or on the station grounds or wharves of the railroad corporation without a written permit signed by an officer of the corporation authorized to issue the permit.
3. Penalties. A person who violates this section commits a civil violation for which a fine of not more than $100 may be adjudged.
Sec. L-11. 23 MRSA §6023, as amended by PL 1991, c. 797, §7, is repealed and the following enacted in its place:
§6023. Injuring fences; turning animals into railroad enclosure
1. Injuring fence. A person may not take down or intentionally injure a fence erected to protect the line of a railroad.
2. Turning animals into railroad enclosure. A person may not turn a horse, cattle or other animal upon or within the enclosure of a railroad.
3. Penalty. A person who violates this section commits a Class E crime. Violation of this section is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
Sec. L-12. 23 MRSA §7007, as amended by PL 1999, c. 318, §1, is repealed and the following enacted in its place:
§7007. Penalty for being on track or bridge or entering track with team or vehicle
1. Walking or standing on track or bridge. A person may not, without right, stand or walk on a railroad track or railroad bridge or pass over a railroad bridge except by railroad conveyance.
2. Entering track. A person may not, without right, enter upon a railroad track with a team or a vehicle however propelled or drive any team or propel a vehicle upon a railroad track.
3. Penalties. The following penalties apply to violations of this section.
A. A person who violates subsection 1 commits a civil violation for which a fine of not less than $5 and not more than $100 may be adjudged.
B. A person who violates subsection 1 after having previously violated subsection 1 commits a civil violation for which a fine of not less than $100 and not more than $500 may be adjudged.
C. A person who violates subsection 1 after having previously violated subsection 1 2 or more times commits a civil violation for which a fine of not less than $500 and not more than $1000 may be adjudged.
D. A person who violates subsection 2 commits a Class E crime. Violation of subsection 2 is a strict liability crime as defined in Title 17-A, section 34, subsection 4-A.
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