§1411. Public ways and parking areas

1.  Rules.  The chief administrative officers of state institutions may promulgate and enforce rules, subject to the approval of the commissioner, governing the use of public ways and parking areas maintained by the State at the state institutions.

A. The rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375.   [PL 1983, c. 459, §7 (NEW).]

B. The Secretary of State shall forward a copy of the rules, attested under the Great Seal of the State, to the District Court in the area of jurisdiction.   [PL 1983, c. 459, §7 (NEW).]

[PL 1983, c. 459, §7 (NEW).]

2.  Special police officers.  The chief administrative officers of state institutions may appoint and employ, subject to the Civil Service Law, special police officers for the purpose of enforcing rules promulgated under subsection 1.

A. The special police officers shall:

(1) Patrol all the public ways and parking areas subject to this section;

(2) Enforce rules promulgated under this section; and

(3) Arrest and prosecute violators of the rules.   [PL 1983, c. 459, §7 (NEW).]

B. The State Police, sheriffs, deputy sheriffs, police officers and constables who have jurisdiction over the areas in which the institutions are located shall, insofar as possible, cooperate with the special police officers in the enforcement of the rules promulgated under subsection 1.   [PL 1983, c. 459, §7 (NEW).]

[PL 1985, c. 785, Pt. B, §164 (AMD).]

3.  Court procedure.  The District Court in the areas in which the institutions are located has jurisdiction in all proceedings brought under this section.

A. The District Court shall take judicial notice of all rules promulgated under subsection 1.   [PL 1983, c. 459, §7 (NEW).]

B. In any prosecution for a violation of the rules, the complaint may allege the offense as in prosecutions under a general statute and need not recite the rule.   [PL 1983, c. 459, §7 (NEW).]

[PL 1983, c. 459, §7 (NEW).]

4.  Prohibited acts; fine.  A person who violates any rule adopted under this section commits a civil violation for which a fine may be adjudged in an amount consistent with the amount charged for a similar violation by the municipality in which the institution is located, but not to exceed the maximum amount provided for a traffic infraction under Title 29-A, section 103. Notwithstanding any other law, the fines and costs of court paid under this section inure to the municipality in which the proceedings take place.

A. [PL 1991, c. 313 (RP).]

B. [PL 1991, c. 313 (RP).]

C. [PL 1991, c. 313 (RP).]

D. [PL 1991, c. 313 (RP).]

[PL 2013, c. 381, Pt. C, §5 (AMD).]

SECTION HISTORY

PL 1983, c. 459, §7 (NEW). PL 1985, c. 785, §B164 (AMD). PL 1991, c. 313 (AMD). PL 1995, c. 65, §A136 (AMD). PL 1995, c. 65, §§A153,C15 (AFF). PL 2013, c. 381, Pt. C, §5 (AMD).