By Nate Jones
Staff Writer
The cost of noncompliance with the town of Cape Elizabeth’s miscellaneous offenses ordinance – which includes restrictions on nude and topless bathing, penalties for defacing public property, animal control stipulations and Fort Williams Park regulations – could more than double should the town council accept a set of proposed amendments to the ordinance.
“It hasn’t been changed in 30 years,” Town Manager Michael McGovern said.
On Monday, the town council voted to send the proposed changes to the ordinance committee for review.
The proposal increases fines for all prohibited activities listed within the ordinance such as disturbing the peace, camping on public property with out a permit and violating Fort Williams Park regulations – all $100 fines – and fines for loitering in a public place – a $50 fine – to $250.
In addition to the increase, the proposal adds a permit provision to Fort Williams Park regulations concerning commercial filming and wedding parties including more than 20 people. Town Council Chairman Mary Ann Lynch is also recommending a smoking ban on park grounds.
Cape Elizabeth Public Works Director Robert Malley said currently, commercial photographers are required to gain permission from the town prior to filming, and out-of-state photographers must pay a $2,500 fee; in-state photography companies pay anywhere from $1,000 to $1,500. When contacted, Malley said the town is usually accommodating to the request.
“We were recently contacted by a media consultant for Chrysler who wanted to do some filming in the park,” he said. “We basically walked them through it beforehand, showed them where they could do it. We try to weed through what they’re attempting to do.”
Malley said large corporations aren’t the only ones looking to roll their cameras at the park; recently a couple requested permission to film in the park for an upcoming Internet documentary.
“For what they were looking to do, it didn’t warrant the $2,500,” he said.
Malley said smaller operations, such as the documentary couple, are often charged a few hundred dollars. All monies received from commercial filming, large or small, are put into a Fort Williams capital fund to help pay for improvements to the park, he said.
The town receives about half a dozen commercial filming requests a year, and nearly 30 requests for weddings at Fort Williams, which could only be a fraction of the marriages actually occurring on park grounds, Malley said.
“Some of these things happen and we don’t know about them,” he said. “Sometimes they just show up and start, and we don’t want to bust in on the middle of a ceremony. We’re in a bad bargaining position.”
The proposed $250 fine for hosting a commercial photo shoot or wedding without first acquiring a permit from the town could help give public works employees “a little teeth” when approaching those in violation of the ordinance, Malley said.
“It gives us some mechanism to say ‘There’s a penalty,” he said. “That way we at least get the fine rather than nothing at all.”
Town Council Chairman Mary Ann Lynch is endorsing an amendment to the Fort Williams Park section of the ordinance that would ban smoking on park grounds, more for environmental reasons than health issues created by smokers, she said.
“I don’t want to be telling people what to do with their own health,” she said. “But I am struck by the number of cigarette butts [around the park].”
Malley said there are no trash receptacles or cigarette collectors in Fort Williams Park since park goers are expected to comply with the “carry-in, carry-out” policy.
“People seem to think butts are not garbage,” Lynch said.
Both Malley and Lynch said they were aware enforcing a no-smoking policy for Fort Williams would be difficult with only one park ranger – for all of the 96 acres – in the town, but were hopeful residents would help ensure compliance.
“Most people want to obey the laws,” Lynch said. “We don’t say that it’s hard to catch every speeder, so let’s not have speeding laws. It’s something we need to consider but not let it move forward.”
McGovern said he did not expect the increase in fines or the amendments would a significant effect on the Fort Williams capital fund or the town budget. Often the threat of a fine is enough to keep people within the law, he said.
“We’re just making sure we retain everyone else’s right to the park,” he said.