A. The following acts are violations of this chapter:

(1) [Amended 4-7-2001] The willful disfigurement, marking, defacement or tampering with any tomb, gravestone monument or other object placed or designed as a memorial to the dead or any fence, railing or other thing placed about or enclosing a burial place; except:

(a) Gravestone rubbings and the cleaning of monuments pursuant to the guidelines of the Maine Old Cemeteries Association (MOCA) shall be exempt from this section.

(b) The repair, maintenance and removal of any gravestone, marker, monument or other structure designed as a memorial to the dead, or a portion or fragment of a memorial, in accordance with the provisions of 13 M.R.S.A. § 1371, shall be exempt from this section, provided that the Historic Preservation Commission of the Town of Wells is given at least 30 days notice of the action intended and does not object in writing within said notice period. The Historic Preservation Commission is hereby designated to receive the notice required by 13 M.R.S.A. § 1371(2) and to approve or deny a request when municipal action is required by 13 M.R.S.A. § 1371(1).

(2) Posting of any signs except those incidental to the operation of the cemetery, placards or advertisements except historical markers in a cemetery area.

(3) Willfully littering a cemetery or allowing materials to be scattered or blown about a cemetery so as to cause litter.

(4) Operating snowmobiles, minibikes, trail bikes or other all-terrain-type off-the-road, recreational vehicles in a cemetery area. [Amended 4-7-2001]

(5) The removal or disinterment of a dead human body or remains from a grave site, whether marked or unmarked, except in accordance with a permit from the Municipal Clerk or a court order. If the body is located in an historic grave site, burial ground or cemetery, the person or entity seeking removal must seek the recommendation of the Historic Preservation Committee, which shall be obtained in writing. In making its recommendation, the Historic Preservation Committee shall consider the historic significance of the grave site, burial ground or cemetery and of the person or persons buried there, the reasons removal or disinterment is requested, the final disposition proposed for the body, any proposals for relocating and preserving the gravestones, markers, monuments or other memorials and such other information as the Committee deems relevant. [Added 4-7-2001]

B. No building, structure or edifice, except those existing on the effective date of this chapter and those incidental to the operation of the cemetery, shall be erected or placed within 25 feet of any grave site.

C. No new road shall be located such that the traveled portion of the road is located within 25 feet of the boundary of a cemetery or burial ground, if the boundary is marked in some way, or in any other case, within 50 feet of any grave site. If the grave site is marked, the measurement shall be taken from the stone or other marker; provided, however, that when there is no other reasonable location for a road providing the only access to one or more properties, the fifty-foot setback may be reduced the minimum amount necessary to provide reasonable access; but in no event less than 25 feet from a grave site.

Related laws:

1. In cemeteries it is illegal to: get drunk, picnic, enter at night, and enter by one’s self if that person is younger than 10.
2. You may not lean your bicycle up against a tree in a cemetery.
3. It is illegal to drive over graves in a cemetery.

No person, except the Commissioner of the Maine Department of Inland Fisheries and Wildlife or his/her designee or the Director of the United States Fish and Wildlife Service or his/her designee, shall feed or bait deer in the Town of Wells. This prohibition shall not apply within the boundaries of the Rachel Carson National Wildlife Refuge, which is property owned by the United States and managed by the United States Fish and Wildlife Service.

The official explanation provided by the town of Wells is as following:

The large number of deer attracted by feeding and baiting in and around public and private property increases the local deer population. Deer carry the deer tick known to cause Lyme disease, which is a serious debilitating illness that threatens the public health. When there are more deer and the deer move into areas frequented by people, such as roads and yards, there is a corresponding increase in the potential for deer ticks to come into contact with people. In addition, overpopulation and domestication of deer contribute to traffic safety problems and the destruction of important plants and vegetation on public and private property. When deer come to depend on humans for food, the natural order and balance in nature are upset and it is harmful to their long-term well-being.

Related laws:

1. One may not use one’s own restroom if the window is open.
2. One may not leave sand in their own driveway.
3. It is illegal to urinate on the side of a building.

Section 3: Control

It shall be unlawful for any dog, licensed or unlicensed, to run at large, except when used for lawful hunting purposes.

“At large” means off the premises of the owner or keeper and not under the control of any person by means of personal presence and attention as will reasonably control the conduct of such dog.

“Reasonable control”, for the purposes of this Ordinance shall mean the use of a leash, cord, chain or otherwise, of not more than 8 feet in length, or unless confined within a vehicle, under restraint in an open vehicle being either driven or parked, or under voice control or command in the case of a trained dog providing that such control is strictly maintained.

(Adopted Annual Town Meeting June 8, 1991. Amended Special Town Meeting June 23, 2001)

Related laws:

1. No vehicle will be used as a picnic facility, which means no standing or sitting and eating or drinking on any street or highway.
2. You may not carry a concealed weapon that is over six feet in length.
3. It is illegal to drive down any street with beer in your car, even if it is unopened.

Section 5. Conflict with other ordinances and regulations

Should any section of this Ordinance be found to be in conflict with any local, state or federal law, ordinance or regulation, the more stringent shall prevail.

Related laws:

1. Dogs may not molest cars.
2. Policemen are required to kill stray cats
3. Mercury thermometers may not be sold in the city.

(a) No person shall be intoxicated, disorderly, engage in any form of gambling or commit any act constituting a nuisance on the airport.

(b) No person, except those duly authorized by law, shall carry any weapon, firearm or explosive in the airport, except encased sporting guns for air shipment.

(c) No person shall enter upon the airport field area, runways, taxiways, apron, service area or any area designated as restricted except persons assigned to duty therein and persons authorized by the airport manager, or by proper agencies, or passengers under appropriate supervision.

(d) Whoever, with the intent to destroy or disturb, in any manner, any building, equipment or flora of the airport or its users; alter or erect any building or sign; abandon any personal property in the airport; use or confiscate any material or property without the consent of the airport manager; or whoever shall, individually or in association with one or more others, willfully break, injure, tamper with or remove any parts of any vehicle or aircraft or temporarily or permanently prevent the useful operation thereof for any purpose against the will or without the consent of the owner of such vehicle or aircraft, or who shall in any manner willfully or maliciously interfere with or prevent the running or operation of such vehicle or aircraft; or whoever willfully takes and uses any vehicle, aeroplane or other aircraft or takes, drives, rides or uses the property of another, without the consent of the owner or person having legal custody, care and control thereof shall be subject to the penalty provisions of section 1-12 of this Code.

(Code 1975, § 3-2)

Related laws:

1. Landing an airplane on the beach is illegal.
2. It is illegal to drive over graves in a cemetery.
3. No person shall drop objects from an airplane.

Sec. 15 Parking Prohibited:

No person shall park a vehicle at any time upon any of the streets or parts of streets described:

Main St. (West) In front of Dunkin Donuts to a point 25 feet south.

Main St. (East) From the southern entrance of the Municipal office.

Paul St. (South) From a point 150 feet east of Main St. to Highland Ave.

Railroad Ave. (Both) From Norton St. to Spring St.

Jewett Ave. (East) Entire street

Norton St. (Both) From the intersection of Main St. to the intersection of Colcord St.

Wadleigh Ln. (North) Parking permitted on school side only.

Related laws:

1. No person may collect rags on Sunday.
2. Stopping at red lights is not required by law unless they’re flashing
3. Persons may not wear a life jacket near the Spokane River.