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PUBLIC LAWS OF MAINE
First Regular Session of the 121st

PART L

     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 L-1. 23 MRSA §1153, as amended by PL 1971, c. 593, §22, is repealed and the following enacted in its place: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.

     3. Penalties. The following penalties apply to violations of this section.

     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 L-2. 23 MRSA §1401, as amended by PL 1985, c. 20, is repealed.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:

     2. Penalties. The following penalties apply to violations of this section.

     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.

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:

     2. Penalties. The following penalties apply to violations of this section.

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:

§3254. Complaints

     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.

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