reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 163: TRANSPORTATION › 30-A §3517. Warrant for taxes

§3517. Warrant for taxes
Before April 1st of each year, the directors shall issue their warrant in the same form as the warrant of the Treasurer of State for taxes, with proper changes, to the assessors of the municipalities comprising the district. The warrant shall require the municipalities to assess the sum allocated to each municipality for payment of the operating deficit and the sum allocated to each municipality for payment into the sinking fund, if any, upon the taxable estates within those municipalities and to commit their assessment to the constable or collector of the municipalities. The constable or collector has all the authority and powers to collect these taxes as is vested by law to collect state, county and municipal taxes. Within 30 days after the date fixed by the municipality on which its taxes are due, the treasurer of the municipality shall pay the amount of the tax assessed under this section to the treasurer of the district.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
1.  Failure to pay.
If the treasurer of a municipality fails to pay the sum assessed under this section, or fails to pay any part of the sum by the date set in the year in which the tax is levied, the treasurer of the district may issue a warrant for the amount of the tax, or so much of the tax as remains unpaid, to the sheriff of the appropriate county, requiring the sheriff to levy by distress and sale on real and personal property of any of the inhabitants of the municipality. The sheriff or any of the deputies shall execute the warrant.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 163: TRANSPORTATION › 30-A §3518. Withdrawal

§3518. Withdrawal
A municipality may withdraw from the district at the end of a fiscal year provided that it has given the board of directors at least one year's written notice of its intention to do so. The municipality must pay its proportionate share of the current indebtedness of the district before withdrawal and must agree by appropriate written document to pay its proportionate share of any long-term indebtedness of the district as that indebtedness becomes due and payable. During the period of notice, the withdrawing municipality does not become liable for any capital expenditures or borrowings which may be made by the district. The proportionate share of the withdrawing municipality in any current and long-term indebtedness of the district shall be in accordance with the formula then in effect for payment of the current and long-term indebtedness.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 163: TRANSPORTATION › 30-A §3519. Dissolution

§3519. Dissolution
At such time as a district has discharged all of its obligations and paid or provided for the payment of all of its bonded indebtedness, the board of directors may, by 2/3 vote of its membership, dissolve the district and dispose of all of its property, real and personal, in the manner authorized and directed by the board of directors. The treasurer may execute any deeds, bills of sales or any documents required for that purpose. All money, if any, remaining in the hands of the treasurer of the district shall be paid to the municipalities comprising the district as of the date of dissolution in accordance with the formula then in effect for the payment of any operating deficit.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 163: TRANSPORTATION › 30-A §3520. Protection of transit employees

§3520. Protection of transit employees
1.  Posting of signs.
A transit district shall post signs in conspicuous places in all transit district facilities accessible to the public, including a building, terminal, kiosk, shelter or passenger rail, ferry, bus, bicycle or pedestrian facility, informing the public of the penalties for assaulting a transit employee.
[PL 2023, c. 476, §1 (NEW).]
2.  De-escalation training.
All employees of a transit district must receive de-escalation training upon commencement of employment with the transit district and at least once annually thereafter. The transit district shall jointly approve the de-escalation training curriculum with the labor organization representing a plurality of the employees of the transit district, except that if the transit district is party to a joint labor‑management safety committee, the committee shall approve the curriculum. For purposes of this subsection, "de-escalation" means the reduction of violent or disruptive behavior and resolution and minimization of conflict through verbal engagement and calming techniques.
[PL 2023, c. 476, §1 (NEW).]
SECTION HISTORY
PL 2023, c. 476, §1 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3531. Definitions

§3531. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1997, c. 698, §2 (NEW).]
1.  District.
"District" or "fire district" means a district created by vote of a group of municipalities for the purpose of providing fire protection.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3532. Formation; powers

§3532. Formation; powers
1.  Formation.
By vote of its legislative body, any municipality, in cooperation with one or more other municipalities, may form a district for the purposes provided in this chapter.
[PL 1997, c. 698, §2 (NEW).]
2.  General powers; area of service.
The district formed under subsection 1 is a quasi-municipal corporation that may sue and be sued, plead and be impleaded, adopt a name, adopt and alter a common seal, borrow funds and do all things necessary to furnish fire protection within that district.
[PL 1997, c. 698, §2 (NEW).]
3.  Incidental rights.
All incidental powers, rights and privileges necessary to accomplish the main objectives set forth in this chapter are granted to a district created under this chapter.
[PL 1997, c. 698, §2 (NEW).]
4.  Draft agreement.
Prior to voting on formation of a fire district, the municipalities shall negotiate an agreement on terms for governing the district, including such matters as the number and distribution of district directors, length of term for a director, the time frame of the fiscal year of the district and such other matters as are essential to the operation of the district.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3533. Management

§3533. Management
1.  Directors; officers.
The affairs of a district formed under section 3532 are managed by a board of directors chosen from the inhabitants of the municipalities comprising the district. The municipal officers of each municipality shall select the directors to represent the municipality. The directors shall elect from among themselves a president, treasurer, clerk and such other officers as they consider necessary.
[PL 1997, c. 698, §2 (NEW).]
2.  Bylaws.
The directors shall adopt bylaws and rules for the conduct of district affairs.
[PL 1997, c. 698, §2 (NEW).]
3.  Employees.
The directors may appoint and fix the compensation, if any, of employees needed to carry out the district's purposes and may delegate their authority under this subsection to a district manager.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3534. Interest in contracts

§3534. Interest in contracts
A director, officer or employee of the district may not have a direct or an indirect interest in any contract entered into by or in behalf of a district for work or material, or for the purchase of material, or in any property acquired or to be acquired by the district. A contract made in violation of this section is void.   [PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3535. Certificate of organization

§3535. Certificate of organization
After its organization, the district shall file a certificate with the Secretary of State in accordance with Title 13, section 903. The certificate must set forth the following information:   [PL 1997, c. 698, §2 (NEW).]
1.  Name.
Name of the district;
[PL 1997, c. 698, §2 (NEW).]
2.  Purposes.
Purposes of the district;
[PL 1997, c. 698, §2 (NEW).]
3.  Municipalities included.
Municipalities included within the district;
[PL 1997, c. 698, §2 (NEW).]
4.  Location.
Location of the principal office;
[PL 1997, c. 698, §2 (NEW).]
5.  Names of directors.
Number and names of the directors and their addresses; and
[PL 1997, c. 698, §2 (NEW).]
6.  Names of officers.
Names and addresses of the officers.
[PL 1997, c. 698, §2 (NEW).]
As changes occur, the district shall file an amended certificate with the Secretary of State setting forth those changes.   [PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3536. Powers of directors

§3536. Powers of directors
The directors of a district may exercise all powers necessary to carry out the purposes of this chapter.   [PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3537. Estimate of expenditures; contributions; budget

§3537. Estimate of expenditures; contributions; budget
1.  Estimate of expenditures and revenues.
At least 2 months before the beginning of the district's fiscal year, the board of directors shall prepare and submit to the municipal officers of the municipalities comprising the district an itemized estimate of expenditures and revenues for the following calendar year, which must be the fiscal year. This estimate must include the following:
A. An itemized estimate of anticipated revenues during the ensuing fiscal year from each source;   [PL 1997, c. 698, §2 (NEW).]
B. An itemized estimate of expenditures for each classification for the ensuing fiscal year, including payments of principal and interest on bonds or notes issued or to be issued by the district;   [PL 1997, c. 698, §2 (NEW).]
C. After the first year of operation, an itemized statement of all actual receipts from all sources, up to and including the last day of the 3rd quarter of the current fiscal year, with estimated receipts from those sources shown for the balance of the year;   [PL 1997, c. 698, §2 (NEW).]
D. After the first year of operation, an itemized statement of all actual expenditures, up to and including the last day of the 3rd quarter of the current fiscal year, with estimated expenditures shown for the balance of the year; and   [PL 1997, c. 698, §2 (NEW).]
E. An estimate of revenue surplus or deficit of the district for the fiscal year for which estimates are being prepared.   [PL 1997, c. 698, §2 (NEW).]
[PL 1997, c. 698, §2 (NEW).]
2.  Determination of municipal contributions.
Each year, before submitting the estimates required by subsection 1 to the municipal officers, the board of directors of the district, by a 2/3 vote of its entire membership, shall establish a formula for contributions to be made by each municipality in order to defray any projected deficit. This formula and estimated amount of the contribution required from each municipality must be shown in the estimates filed with the municipal officers of each municipality.
[PL 1997, c. 698, §2 (NEW).]
3.  Budget; payment of allocations.
Not later than 60 days after the beginning of the district's fiscal year, the board of directors shall adopt a final budget for that year that must be itemized in the same manner as the estimate of expenditures and revenues under subsection 1. This budget must be submitted immediately to the municipal officers of the municipalities comprising the district, and the amounts allocated to each municipality to defray any projected revenue deficit in the budget must be included in the warrant to the assessors of each municipality as provided in section 3538.
[PL 1997, c. 698, §2 (NEW).]
4.  Accounting.
Revenue, expenditure and budget amounts must be determined in accordance with generally accepted accounting principles.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3538. Warrant for taxes

§3538. Warrant for taxes
1.  Warrant.
The directors shall issue their warrant in the same form as the warrant of the Treasurer of State for taxes, with proper changes, to the assessors of the municipalities comprising the district. The warrant must require the municipalities to assess the sum allocated to each municipality for payment of the costs of the district upon the taxable estates within those municipalities and to commit their assessment to the constable or collector of the municipalities. The constable or collector has all the authority and powers to collect these taxes as is vested by law to collect state, county and municipal taxes. Within 30 days after the date fixed by the municipality on which its taxes are due, the treasurer of the municipality shall pay the amount of the tax assessed under this section to the treasurer of the district.
[PL 1997, c. 698, §2 (NEW).]
2.  Failure to pay.
If the treasurer of a municipality fails to pay the sum assessed under this section, or fails to pay any part of the sum by the date set in the year in which the tax is levied, the treasurer of the district may issue a warrant for the amount of the tax, or so much of the tax as remains unpaid, to the sheriff of the appropriate county, requiring the sheriff to levy the tax by distress and sale on real and personal property of any of the inhabitants of the municipality. The sheriff or a deputy shall execute the warrant.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3539. Changes in district territory

§3539. Changes in district territory
1.  Addition to territory.
After initial formation of a district, a municipality may join the district upon vote of the municipality's legislative body and upon a 2/3 vote of the board of directors. The board of directors shall determine the terms and conditions to be met by the joining municipality.
[PL 1997, c. 698, §2 (NEW).]
2.  Withdrawal from district.
By vote of its legislative body, a municipality may elect to withdraw from the district. Withdrawal must take effect at the end of a district fiscal year, after the municipality has given the board of directors at least one year's written notice of its intention to withdraw. The municipality shall pay its proportionate share of the current indebtedness of the district before withdrawal and shall agree by appropriate written document to pay its proportionate share of any long-term indebtedness of the district as that indebtedness becomes due and payable. During the period of notice, the withdrawing municipality does not become liable for any capital expenditures or borrowings that may be made by the district. The proportionate share of the withdrawing municipality in any current and long-term indebtedness of the district must be in accordance with the formula then in effect for payment of the current and long-term indebtedness.
[PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 164: FIRE DISTRICTS › 30-A §3540. Dissolution

§3540. Dissolution
At such time as a district has discharged all of its obligations and paid or provided for the payment of all of its bonded indebtedness, the board of directors, by 2/3 vote of its membership, may dissolve the district and dispose of all of its property, real and personal, in the manner authorized and directed by the board of directors. The treasurer of the district may execute any deeds, bills of sale or documents required for that purpose. All money, if any, remaining in the control of the treasurer of the district must be paid to the municipalities comprising the district as of the date of dissolution in accordance with the formula then in effect for the payment of any operating deficit. The officers of the district shall file notice of dissolution with the office of the Secretary of State as required in Title 13, section 937.   [PL 1997, c. 698, §2 (NEW).]
SECTION HISTORY
PL 1997, c. 698, §2 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 165: LEASING OF AIR RIGHTS › 30-A §3551. Utilization of air rights

§3551. Utilization of air rights
1.  Lease authorized; proceeds.
Except as provided in paragraph A, any municipality may lease at one time or from time to time for a term or terms not to exceed 99 years, upon any terms and conditions that the municipal officers consider advisable, air rights over public streets and ways, parking facilities and other public buildings, land and water, in which the public has a right of travel or in which the municipality holds less than a fee interest. These leases may be made for any nonmunicipal purpose which, in the opinion of the municipal officers, will not impair the construction, full use, safety, maintenance or repair of those streets and ways, facilities, buildings, land and water. The proceeds from any lease granted under this chapter shall be paid into the municipal treasury.
A. No lease of air rights may be granted under this chapter with regard to any dedicated park land, including rights for support, access, utilities, light and air.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. Any lease granted under this chapter for air rights over state and state aid highways must be approved by the Department of Transportation.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
2.  Assignment, pledge or mortgage; reversionary rights.
Any lease granted under this chapter may, with the consent of the municipal officers, be assigned, pledged or mortgaged and the lien of that pledge or mortgage may be foreclosed by appropriate action. Any lease granted under this chapter for air rights over public streets and ways in which the municipalities own an easement, but not a fee interest, does not affect the reversionary rights, if any, of the holder of the fee in the public street or way.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
3.  Fee interests unaffected.
This chapter does not reduce the right of a municipality holding a fee interest in streets, ways, facilities, buildings, land or water from conveying air rights in fee or by lease.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 165: LEASING OF AIR RIGHTS › 30-A §3552. Applicability of building and other laws

§3552. Applicability of building and other laws
The construction or occupancy of any structure erected or affixed under any lease under this chapter is subject to the building, fire, garage, health and zoning ordinances, bylaws and regulations applicable in the municipality. Any structure erected over or affixed to any public street or way under this chapter is valid and declared a legal structure.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 165: LEASING OF AIR RIGHTS › 30-A §3553. Taxation

§3553. Taxation
1.  Structures taxed.
Any structure erected or affixed under any lease granted under this chapter shall be taxed to the lessee or the assigns in the same manner and to the same extent as if the lessee or the assigns were the owners of the land in fee, except that no part of the value of the land may be included in the assessment. The municipality may exercise all remedies provided generally for the collection of taxes. Any such leasehold estate may be sold or taken by the municipality for the nonpayment of any taxes assessed under this section in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
2.  Payment instead of taxes.
The municipality shall include in any lease granted under this chapter a provision in which the lessee agrees, if subsection 1 is determined by a court of competent jurisdiction to be inapplicable, to pay annually to the municipality a sum of money instead of the taxes which would otherwise be assessed on the lease in that year.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 165: LEASING OF AIR RIGHTS › 30-A §3554. Parties in interest

§3554. Parties in interest
Each lease made under this chapter must require that the lessee file with the municipality a statement under oath containing the names and addresses of the officers and directors, in the case of a corporation, and, in the case of a partnership or other voluntary association, the names and addresses of all persons having a financial interest in the lease. A copy of all leases granted by the municipality shall be kept on file and shall be open to public inspection.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 165: LEASING OF AIR RIGHTS › 30-A §3555. Limitations

§3555. Limitations
Municipalities shall not execute any leases which would:   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
1.  Impair use of highway.
Impair the use and safety of any highway;
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
2.  Used solely for advertising.
Be solely for outdoor advertising structures; or
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
3.  Violate Federal Aviation Agency regulations.
Violate any regulations promulgated by the Administrator of the Federal Aviation Agency.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3601. Declaration of emergency (REPEALED)

§3601. Declaration of emergency
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3602. Acceptance (REPEALED)

§3602. Acceptance
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3603. Definitions (REPEALED)

§3603. Definitions
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3604. Local rent board or administrator (REPEALED)

§3604. Local rent board or administrator
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3605. Maximum rent adjustment (REPEALED)

§3605. Maximum rent adjustment
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§A32,A33,C8 C10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 5: HEALTH, WELFARE AND IMPROVEMENTS › Chapter 167: MUNICIPAL RENT CONTROL (REPEALED) › 30-A §3606. Judicial review (REPEALED)

§3606. Judicial review
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1995, c. 194, §1 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 181: GENERAL PROVISIONS › 30-A §3701. Municipal licensing authority

§3701. Municipal licensing authority
The municipal officers are the licensing authority of a municipality, unless otherwise provided by charter, ordinance or law.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 181: GENERAL PROVISIONS › 30-A §3702. Fees for licenses or permits

§3702. Fees for licenses or permits
Unless otherwise provided by law, any fee established by a municipality for any license or permit under this subpart must reasonably reflect the municipality's costs associated with the license or permit procedure and enforcement.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 181: GENERAL PROVISIONS › 30-A §3703. Production of licenses or permits

§3703. Production of licenses or permits
The municipal officers may not require a licensee or permittee to publicly display the licensee's or permittee's license or permit on the premises to which that license or permit applies. The municipal officers may require a licensee or permittee to make available for inspection the license or permit at the premises to which the license or permit applies.   [PL 2011, c. 535, §4 (NEW).]
SECTION HISTORY
PL 2011, c. 535, §4 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3751. Purpose

§3751. Purpose
Junkyards and so-called "auto graveyards" have been steadily expanding and frequently encroach upon highways. These junkyards and graveyards have become a nuisance and a menace to safe travel on public ways, often distracting the attention of drivers of motor vehicles because it appears cars are parked on the highway or that an accident has occurred. It is declared that such junkyards and automobile graveyards are a nuisance and are properly subject to regulation and control.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
It is recognized that recycling of automobiles is a business enterprise that, when conducted in accordance with certain standards, differs from the enterprise of an automobile graveyard and that adoption of uniform state standards for this type of business enterprise would assist in development and regulation of that business.   [PL 1993, c. 173, §1 (NEW).]
Junkyards, automobile graveyards and automobile recycling businesses pose potential risks to the environment, particularly to groundwater and surface water quality if gasoline, oil or other fluids are not managed and disposed of properly. Proper location and operation of these facilities are critical to ensure protection of groundwater and surface water quality, other natural resources and the health and welfare of Maine citizens. These facilities may create nuisance conditions potentially affecting abutting landowners and others if not located and operated properly. For these reasons, it is declared that these facilities are appropriately subject to certain environmental and operational standards and to appropriate municipal and state regulation.   [PL 2003, c. 312, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1993, c. 173, §1 (AMD). PL 2003, c. 312, §2 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3753. Permit required

§3753. Permit required
A person may not establish, operate or maintain an automobile graveyard, automobile recycling business or junkyard without first obtaining a nontransferable permit from the municipal officers of the municipality in which the automobile graveyard, automobile recycling business or junkyard is to be located, or from the county commissioners of the county of any unorganized territory in which the automobile graveyard, automobile recycling business or junkyard is to be located. Permits issued to an automobile graveyard or junkyard under this section are valid until the first day of the following year; except that, beginning in calendar year 2004, permits issued to an automobile graveyard or junkyard under this section are valid until the first day of October of the following year. Permits issued to an automobile recycling business under this section are valid for 5 years from the date of issuance and are renewable provided that the permit holder furnishes a sworn statement, annually, on the anniversary date of the granting of the permit, that the facility complies with the standards of operation applicable at the time of issuance of the permit. A person operating a business that involves the recycling of automobiles may operate under a permit for an automobile graveyard or a permit for an automobile recycling business.   [PL 2003, c. 312, §7 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1993, c. 173, §4 (AMD). PL 2003, c. 312, §7 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3754. Hearings

§3754. Hearings
Municipal officers or county commissioners, as provided for in section 3753, shall hold a public hearing before granting a permit to establish a new automobile graveyard, automobile recycling business or junkyard and may hold public hearings annually regarding the relicensing of these facilities. Municipal officers or county commissioners shall require an applicant to provide proof of mailing the notice of the application to all abutting property owners. Municipal officers or county commissioners shall also post a notice of the hearing at least 7 and not more than 14 days before the hearing in at least 2 public places in the municipality or unorganized territory and publish a notice in one newspaper having general circulation in the municipality or unorganized territory in which the automobile graveyard, automobile recycling business or junkyard is to be located. The municipal officers or county commissioners shall give written or electronic notice of the application to establish a new automobile graveyard or automobile recycling business to the automobile dealer licensing section of the Department of the Secretary of State, Bureau of Motor Vehicles by mailing a copy of the application at least 7 and not more than 30 days before the hearing. The municipal officers or county commissioners shall give written notice of the application to the public water supplier if the application is for an automobile graveyard, automobile recycling business or junkyard located within the supplier's source water supply area. The notice may be given by mailing a copy of the application at least 7 and not more than 14 days before the hearing.   [PL 2005, c. 424, §2 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1993, c. 173, §4 (AMD). PL 1999, c. 761, §5 (AMD). PL 2003, c. 312, §8 (AMD). PL 2005, c. 424, §2 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3755. Limitations on graveyard, automobile recycling business and junkyard permits (REPEALED)

§3755. Limitations on graveyard, automobile recycling business and junkyard permits
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1991, c. 745, §2 (AMD). PL 1993, c. 173, §5 (AMD). PL 2003, c. 312, §10 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3756. Permit fees

§3756. Permit fees
The municipal officers or county commissioners shall collect, in advance from the applicant for a permit, a fee in accordance with the following schedule:   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
1.  Graveyard or junkyard.
Fifty dollars for each application for an automobile graveyard or junkyard plus the cost of posting and publishing the notice under section 3754;
[PL 2005, c. 424, §7 (AMD).]
2.  Graveyard or junkyard within 100 feet from highway.
[PL 2003, c. 312, §12 (RP).]
3.  Recycling business.
Two hundred fifty dollars for a 5-year permit for an automobile recycling business plus the cost of posting and publishing the notice under section 3754; or
[PL 2003, c. 312, §12 (AMD).]
4.  Fee.
A fee as otherwise established by municipal ordinance or rule.
[PL 2003, c. 312, §12 (NEW).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1993, c. 173, §7 (AMD). PL 2003, c. 312, §12 (AMD). PL 2005, c. 424, §7 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3757. Provisions regarding nuisances unaffected

§3757. Provisions regarding nuisances unaffected
This subchapter shall not be construed as in any way repealing, invalidating or abrogating Title 17, section 2802, or limiting the right of prosecutions under that section. Violation of this subchapter in the establishment, maintenance or operation of any automobile graveyard or junkyard constitutes prima facie evidence that the yard is a nuisance as defined in Title 17, section 2802.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3758. Violation (REPEALED)

§3758. Violation
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1991, c. 824, §B8 (AMD). PL 1993, c. 173, §8 (AMD). PL 2003, c. 312, §13 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3759. Rules (REPEALED)

§3759. Rules
(REPEALED)
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 2003, c. 312, §15 (RP).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1: JUNKYARDS AND AUTOMOBILE GRAVEYARDS › 30-A §3760. Relocation, removal, disposal, compensation and condemnation

§3760. Relocation, removal, disposal, compensation and condemnation
1.  Acquisition of land.
If the Department of Transportation determines that the topography of the land adjacent to any portion of a highway incorporated in the Interstate or Primary Systems does not permit adequate screening under section 3754‑A, subsection 1 or that adequate screening is not economically feasible, it may acquire by gift, purchase or condemnation any interests in property that are necessary to secure the relocation, removal or disposal of the automobile graveyards or junkyards.
[PL 2003, c. 312, §16 (AMD).]
2.  Compensation.
In the case of such acquisition, just compensation shall be paid to the owner for the relocation, removal or disposal of the following automobile graveyards and junkyards:
A. Those which were operating and in existence on May 11, 1966 and located in areas adjacent to any portion of a highway incorporated in the Interstate or Primary Systems, which exceed federal restrictions and for which federal funds are available to defray the costs;   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
B. Those in operation along any highway made a part of the Interstate or Primary Systems on or after May 11, 1966; and   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
C. Those in operation and established on or after May 11, 1966.   [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
3.  Procedures.
The purchase, condemnation, negotiation, assessment of damage and appeal procedures shall be in accordance with this section and Title 23, sections 153‑A to 159.
[PL 1993, c. 536, §4 (AMD).]
4.  Use of federal funds.
This section does not prevent the department from participating with the owner when federal funds are available to defray costs of screening junkyards whenever it is determined to be more feasible to screen rather than to be involved in the cost or impact of acquisition and relocation.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1993, c. 536, §4 (AMD). PL 2003, c. 312, §16 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1-A: SCRAP METAL PROCESSORS › 30-A §3771. Definitions

§3771. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2007, c. 549, §1 (NEW).]
1.  Beverage container.
"Beverage container" means a can, bottle, jar or other container made of aluminum or metal that is sealed by a manufacturer and contained, at the time of sale, a beverage, as defined by Title 38, section 3102, subsection 1, but does not include a beer keg.
[PL 2015, c. 166, §9 (AMD).]
2.  Nonferrous metal.
"Nonferrous metal" means a metal that does not contain significant quantities of iron or steel. "Nonferrous metal" includes the following metals and their alloys:
A. Copper;   [PL 2007, c. 549, §1 (NEW).]
B. Brass;   [PL 2007, c. 549, §1 (NEW).]
C. Aluminum;   [PL 2007, c. 549, §1 (NEW).]
D. Bronze;   [PL 2007, c. 549, §1 (NEW).]
E. Lead;   [PL 2007, c. 549, §1 (NEW).]
F. Zinc;   [PL 2007, c. 549, §1 (NEW).]
G. Nickel; and   [PL 2007, c. 549, §1 (NEW).]
H. Platinum.   [PL 2007, c. 549, §1 (NEW).]
[PL 2007, c. 549, §1 (NEW).]
3.  Record.
"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
[PL 2007, c. 549, §1 (NEW).]
4.  Scrap metal.
"Scrap metal" means metal that can be recycled, including, but not limited to, bits and pieces of metal parts that may be combined together with bolts or soldering and can be recycled when worn or superfluous.
[PL 2007, c. 549, §1 (NEW).]
5.  Scrap metal processor.
"Scrap metal processor" means a person that purchases scrap metal for resale or recycling.
[PL 2011, c. 545, §1 (AMD).]
6.  Seller.
"Seller" means any person that receives in a transaction monetary consideration from a scrap metal processor in exchange for nonferrous metal, iron or steel, including stainless steel. "Seller" does not include a person that, as part of a commercial enterprise or business, sells pursuant to a written contract or bill of sale scrap metal generated in a manufacturing or production process to a scrap metal processor.
[PL 2007, c. 549, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 549, §1 (NEW). PL 2011, c. 545, §1 (AMD). PL 2015, c. 166, §9 (AMD).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1-A: SCRAP METAL PROCESSORS › 30-A §3773. Maintenance of records and statements

§3773. Maintenance of records and statements
The records required under section 3772, subsection 3 must be:   [PL 2007, c. 549, §1 (NEW).]
1.  Retain for one year.
Retained for a period of one year; and
[PL 2007, c. 549, §1 (NEW).]
2.  Availability.
Made available to any law enforcement office of the State or of any municipality or county.
[PL 2007, c. 549, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 549, §1 (NEW).
2023 Maine Revised Statutes › TITLE 30-A: MUNICIPALITIES AND COUNTIES › Part 2: MUNICIPALITIES › Subpart 6: REGULATION, LICENSES AND PERMITS › Chapter 183: ECONOMIC REGULATION › Subchapter 1-A: SCRAP METAL PROCESSORS › 30-A §3774. Application

§3774. Application
This subchapter does not apply to transactions involving only beverage containers.   [PL 2007, c. 549, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 549, §1 (NEW).