Practices | Municipal and Regulatory

Municipal Regulation

Maine cities and towns have the authority to apply a broad range of municipal regulations in order to protect the public health, safety and welfare. This authority is sometimes referred to as the “police power.” Bernstein Shur regularly helps municipalities understand and implement the legal and procedural rules applicable when cities and towns exercise their regulatory authority.

Recently, Bernstein Shur has worked on the following issues related to municipal regulation:

  • Representing the Town of Long Island in dangerous building proceedings and in a subsequent appeal of the Town’s order to demolish and secure the buildings.
  • Defending the Town of Pittston in litigation related to its prohibition on the land spreading of septage.
  • Drafting ordinances for the Town of Old Orchard Beach regulating outdoor advertising of alcoholic beverages and tobacco products.

Among the areas where such municipal regulation occurs are:

  • Liquor licenses
  • Bottle clubs
  • Special amusement permits
  • Victualers’ licenses
  • Cable television
  • Going-out-of-business sales
  • Pawnbrokers
  • Dangerous buildings
  • Business license
  • Shellfish harvesting licenses
  • Mass gathering permits
  • Off-track betting
  • Traffic and parking regulations
  • Electrical, plumbing and building codes
  • Regulation of subsurface wastewater disposal
  • Regulation of sewers and drains
  • Fire safety and life safety
  • Harbor rules and regulations
  • Regulation of hawkers/peddlers
  • Regulation of message parlors
  • Sprinkler/fire alarm systems
  • Firearms ordinances
  • Litter control
  • Septic tank sludge disposal
  • Animal control
  • Noise control
  • Flood plain management