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TOWN OF SWAN'S ISLAND
ELECTED PLANNING BOARD ORDINANCE

1.The Town of Swan's Island hereby establishes an elected planning board pursuant to Art. VIII, pt. 2, Section 1 of the Maine Constitution and 30-A M.R.S.A. Sec. 3001.

2.The board shall consist of five members each of whom shall be elected by the registered voters of the Town at the Annual Town Meeting and shall serve for a term of three years. The board shall replace and perform the functions of the existing appointed planning board.

3.Initially, the board shall consist of the members of the existing appointed planning board holding office at the time of the Annual Town Meeting held in the year 2001. At that Meeting, and at each of the Annual Town Meetings held in the years 2002, 2003, 2004 and 2005 one member shall be elected for a three year term to replace the appointed member whose term is then expiring.

4.If a member fails to attend three or more consecutive meetings of the board the chairman of the board may declare that member's position vacant and request the Selectmen to fill the vacancy. When there is a vacancy due to resignation, such non-attendance or otherwise, the Selectmen shall appoint a member to serve until the next Annual Town Meeting or shall call a special Town Meeting to fill the vacancy.

5.The planning board shall elect a chairman by majority vote at the first meeting of the board following the Annual Town Meeting.

6.A quorum for the transaction of business shall be three members of the board and action may be taken by a majority of those present at any meeting at which there is a quorum. The board shall conduct its meetings in accordance with Roberts Rules of Order. All meetings shall be held pursuant to public notice in a public building and all records shall be maintained at the Town Office and shall be public records available for inspection.

The dog ordinance was created due to the complaints of those who didn't want to step in dog poop on the beaches.

TOWN OF SWAN'S ISLAND
CONTROL OF DOGS

Chapter 1

Article 1

Section 1. Definitions:

As used in this ordinance

a) “Dog” shall be intended to mean both male and female.

b) “Owner” shall be intended to mean any person or persons, firm, association or corporation owning, keeping, or harboring a dog.

c) “At large” shall be intended to mean off the premises of the owner, and not under control of the owner or a member of his immediate family either by leash, cord, chain, or otherwise.

Section 2.Running at Large

No person shall cause or permit any dog owned or kept by him to run at large within the Town of Swan’s Island. A dog while on any public way or place shall be under restraint within the meaning of this ordinance, if he is controlled by a leash, or at “heel”, beside a competent person and obedient to that person’s commands or on or within a vehicle being driven or parked on a public way or within the property limits of his owner or keeper. Nothing in this ordinance shall be held to require the leashing of any dog while on private premises. A leash shall not be more than 7 feet long.

Section 3. Penalty

Whoever allows a dog to run at large contrary to the provisions of this ordinance shall be punished by a fine of not more than $25.00 to be recovered by complaint before the Maine District Court in the County of Hancock, State of Maine

Section 4. Beaches
Dogs are not allowed on Fine Sand and Carrying Places beaches from June 15 to September 15 from 9:00 AM until 5:00 PM.

 

I hereby attest that this is a true copy of the Swans Island Dog Control Ordinance, as amended March 1, 2010.

 

Gwen J. May

Town Clerk

TOWN OF SWAN’S ISLAND
CAMPING and FIRES ORDINANCE

1. Camping
There shall be no camping on Town or Private Property in the Town of
Swan’s Island without written permission of the landowner.
The Selectmen shall have the authority to issue permission to Swan’s
Island youth groups to camp at Mill Pond Park and the Everett Kent
Memorial Ball Field.

2. Fires
There shall be no open fires without a permit from the State Fire Warden.
Outdoor gas grills and charcoal fires in approved fire rings are allowed.
The State Fire Warden may place a temporary ban all outdoor fires if
weather conditions warrant

3. Penalty
Whoever violates any provisions of this Ordinance shall on conviction be
punished by a fine of One Hundred Dollars ($100.00).

State of Maine
Hancock, ss March 6, 2006
I, Gwen J. May, Town Clerk of Swan’s Island, hereby certify that the foregoing is
a true copy of an ordinance entitled “Swan’s Island Camping and Fires
Ordinance” which was enacted by the Town of Swan’s Island at the annual town
meeting on March 6, 2006.

Attest:
Gwen J. May, Town Clerk of Swan’s Island

TOWN OF SWAN'S ISLAND
CAMPGROUND AND GLAMPGROUND ORDINANCE

1. GENERAL REQUIREMENTS

1.A. A Campground or Glampground may not be constructed unless a permit is approved by the Planning Board. A permit application must include a complete, dated, and signed Swan's Island Campground/Glampground Application.
l.B. A Campground/Glampground Application will not be approved unless the owner/operator also demonstrates compliance with the State of Maine Department of Health and Human Services Rules Relating to Campgrounds (10- 144 C.M.R. Ch. 205, as may be amended) including obtaining all necessary State approvals.
1.C. All proposed Campgrounds and Glampgrounds must also comply with all State and Town subdivision and shoreland zoning rules, regulations, laws, and ordinances.

 

2. STANDARDS


2.A. Definitions:
• Glamping: the use of permanent or temporary structures, including but not limited to platforms, canvas tents, yurts, teepees, covered wagons, and recreational vehicles offered for short- or long-term temporary occupancy for the purpose of outdoor camping experiences with amenities such as beds, electricity, heat, and/or indoor plumbing not ordinarily associated with outdoor camping.
Glamping Unit: A single structure erected, constructed, or placed for the purpose of glamping.
• Glampground: A lot or parcel of land containing more than one glamping unit. Any reference in this Ordinance to "campground" shall be read to include "glampground."
All other terms shall have the meanings provided in the State of Maine

Department of Health and Human Services Rules Relating to Campgrounds.

2.B. Number of Sites: New campgrounds/glampgrounds are limited to thirty (30) camping/glamping unit sites for the first two years of operation. Following the first two years of operation, an owner/operator may submit an application to expand the campground/glampground to include more than 30 sites. Applications to expand must comply with all requirements of this Ordinance and 10-144 C.M.R. Ch. 205.

2.C. Minimum lot and site sizes: Each unit site shall contain a minimum of 2000
' square feet. Sites located within the Shoreland Zone shall contain a minimum of 5,000 square feet. Roads, streets, and other common areas shall not count toward the minimum lot size. No site shall be located within 75 feet of the normal high-water line of a water body, tributary stream, or upland edge of a wetland. All other dimensional requirements, including minimum lot size, of Town and State shoreland zoning requirements shall continue to apply.

2.D. Pit Privies Prohibited: Pit privies shall not, under any circumstances, be allowed to meet sewage disposal requirements on campgrounds or glampgrounds.

2.E. Setback: All camping/glamping sites shall be located at least 40 feet from any abutting property.

2.F. All applications shall satisfy the Planning Board that the proposed Campground/Glampground will provide for adequate fire protection, parking, and garbage and refuse disposal and will not cause an unreasonable burden on municipal services.

2.G. Fees: $25.00 for application, plus current rate schedule for principle structures, secondary structures, wharfs, piers, decks, and applicable permanent structures.

 

EFFECTIVE DATE: March 2, 2020


Certification of adoption
I hereby attest that this is a true copy of the "Town of Swan's Island Campground and Glampground Ordinance",
duly adopted at a Regular Town Meeting held on March 2, 2020
.Gwen J. May Town Clerk

TOWN OF SWAN'S ISLAND
ALL-TERRAIN VEHICLE ORDINANCE

The purpose of this Ordinance is to authorize the operation of all-terrain vehicles
on designated roadways in the Town of Swan's Island, pursuant to the authority given to
the Town by Title 12 MRSA Section 13157-A (6)(H).

Definitions
For the purpose of this Ordinance, an ATV Access Road shall be defined as a
public way maintained by the Town of Swan's Island and designated by the Selectmen
as an ATV Access Road. Such designated public ways are only to be used by the public
to gain access to ATV trails.
"All-terrain vehicle" or "ATV" means a motor-driven, off-road, recreational vehicle
capable of cross-country travel on land, snow, ice, marsh, swampland or other natural
terrain. For purposes of this subpart, "all-terrain vehicle" or "ATV" does not include an
automobile as defined in Title 29-A, section 101, subsection 7; an electric personal
assistive mobility device as defined in M.R.S.A. Title 29-A, section 101, subsection 22-
A; a truck as defined in M.R.S.A. Title 29-A, section 101, subsection 88; a snowmobile;
an airmobile; a construction or logging vehicle used in performance of its common
functions; a farm vehicle used for farming purposes; or a vehicle used exclusively for
emergency, military, law enforcement or fire control purposes.
“Public Ways” shall mean the following roads:
• Atlantic Road from the intersection with the Ferry Road to the intersection with
Red Point Road
• Rose Hill Road from the intersection with the Atlantic Road to the intersection
with the Atlantic Loop Road
• Atlantic Loop Road
• Staples Ridge Road from the intersection with the Atlantic Road to the Old Red
Point Road
• Finger Road
• Goose Pond Road from the intersection with the Atlantic Road to the Intersection
with the LeMoine Road
• LeMoine Road
• Stockbridge Hill Road
• Minturn Road from intersection of Stanley Point Road to and around the Loop.
• Stanley Point Road from the Intersection of the Minturn Road to the intersection
of the Goose Pond Road
• Lily Pond Road
• Quarry Pond Road
• Harbor Road from intersection of Grindle Hill Road to Morse's Hill Road
• Morse's Hill Road
• Steamboat Hill
• Tainter Road

Signs
The Selectmen shall cause such areas to be designated by appropriate signs in
accordance with Title 12 M.R.S.A. Sec. 13157-A (H) as said statute may be amended.

Operation
Operation of All Terrain Vehicles (ATVs) shall be as determined by the State of
Maine, according to MRSA Title 12, Title 29A and this Ordinance.
All ATV operators must obey and comply with all properly posted signs.
All ATV operators will proceed with caution when approaching/passing all nonmotorized
trail users including, but not limited to, bicyclists, hikers, and horses.
ATV operators shall not exceed 20 MPH when traveling on designated ATV
access roads and must be on the right side of the public way and travel in single file..
ATV operation on designated roadways shall be between 8 AM to sunset, except
the Harbor, Morse's Hill, Steamboat Hill and Tainter Roads shall be between 6 AM to
sunset..
Operators of ATVs under the age of 18 must have taken a training course
approved by the Maine Department of Inland Fisheries and Wildlife. Operators must
have a valid driver's license. Operators and passengers under the age of 18 must wear
helmets.
ATVs must have working headlights, taillights, brake lights, speedometer and
mirror.
Registration
All ATVs operating on Town roads must be registered annually with the Town
Clerk. Proof of liability insurance will be required. The Clerk will issue a registration
decal that must be affixed to the ATV for a fee of $20.00.

Penalty
A person who violates this Ordinance commits a civil violation for which a fine of
not less than $100 nor more than $500 may be adjudged. In addition to this the Town’s
reasonable costs and attorneys fees will be assessed.”

Review
A review of this Ordinance will be conducted annually.

Severability
Should any section, paragraph, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid for any reason, the remainder of said Ordinance
shall not be affected thereby.

Certification of Ordinance
I hereby attest that this is a true copy of the Swan's Island All-Terrain Vehicle Ordinance,
as adopted by the Swan's Island Board of Selectmen December 14, 2016.

Gwen J. May
Town Clerk

The purpose of this ordinance is to enhance the easy and rapid location of properties by law
enforcement, fire, rescue and emergency medical services personnel in the Town of Swan’s
Island.

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