CORRECTED PARKING ORDINANCE (APRIL 6,
2004)
AMENDED (SEPTEMBER 5, 2006)
AMENDED BY ORDINANCE N0. 02-08 AUGUST 5,
2008
AMENDED BY ORDINANCE NO. 02-09 MAY 5,
2009
WHEREAS, the Town of Laytonsville has the power to regulate
parking within the Town under § 26-301 of the Transportation Article of the
Annotated Code of Maryland;
WHEREAS, the Town of Laytonsville has the power to enact and
enforce ordinances to control vehicle parking within the Town under Sections
602 and 1002 of the Town Charter; and,
WHEREAS, Montgomery County, Maryland has enacted
comprehensive legislation dealing with the regulation of motor vehicle parking,
enforcement thereof, and the imposition of fines and collections for violations
thereof codified in Chapter 31 of the Montgomery County Code (2004); and,
WHEREAS, Section 2-96(a) of the Montgomery County Code (2004)
provides that any municipal corporation, by ordinance, may request and
authorize the County to administer any municipal law including by agreement requesting
the County to collect the fines, penalties, costs and other charges on behalf
of the municipal corporation, subject, however, to a charge for the
administrative costs of collection for each such violation; and
WHEREAS, the Town Council of the Town of Laytonsville desires
to request and authorize the County to administer its parking ordinances by
entering into an agreement requesting the County to collect the fines,
penalties, costs and other charges on behalf of the Town, subject to a charge
for the administrative costs of collection for each such violation; and,
WHEREAS, the Town Council and the Town of Laytonsville
desires to revise Ordinance No. 01-04 of the Town Ordinances to permit the
County to administer and enforce the Town of Laytonsville’s parking ordinances
in order to facilitate safe and appropriate use of public ways, pedestrian
safety, and for other public purposes;
BE IT ORDAINED by the
Mayor and Council of the Town of Laytonsville, Maryland in public meeting
assembled that Ordinance No. 01-04 being an ordinance to establish regulations
dealing with Parking, Standing and Stopping of Motor Vehicles upon public
streets and rights-of-way is hereby amended to add new Section 1A, entitled
“Applicability of Montgomery County Code” and amend Section 6, of said
ordinance, all to read as follows:
Sec.
1. Scope and intent of Ordinance.
The provisions of this Ordinance are intended to be in addition to and
supplementary to the provisions of the Transportation Article of the Annotated
Code of Maryland and in accordance with authority specifically granted by such
article.
Section 1A. Applicability of Montgomery County Code
Except
insofar as they conflict with other provisions of Ordinance No. 01-04, the Town
of Laytonsville adopts and incorporates by reference Articles I, II, III and
VII of Chapter 31 of the Montgomery County Code in their entirety both as
currently enacted and as they may be modified in the future.
(i) County Council Resolutions and
Executive Regulations. All Montgomery
County Council Resolutions and Executive Regulations now adopted by the County
Council or County Executive for Montgomery County pursuant to the authority contained
in Chapter 31 of the Montgomery County Code (2004) are hereby incorporated by
reference and adopted to be effective within the boundaries of the Town of
Laytonsville.
(ii) Amendments to County Council Resolutions
and Executive Regulations. All County
Council Resolutions and Executive Regulations or amendments to either hereafter
adopted by the County Council or County Executive for Montgomery County
Pursuant to the authority contained in Chapter 31 of the Montgomery County Code
(2003) become effective within the boundaries of the Town of Laytonsville upon
the effective date thereof unless prior thereto a resolution shall have been
adopted by the Town of Laytonsville Council disapproving such resolution or
regulation.
(iii) This Ordinance shall become effective
immediately upon its adoption.
(iv) The Mayor of the Town of Laytonsville is
hereby authorized to enter into and execute on behalf of the Town of
Laytonsville an agreement with the County Executive of Montgomery County for
the enforcement of the Town of Laytonsville Traffic and Parking Ordinance
hereby adopted in form and substance materially consistent with the attached
Agreement. (Section 1A - Added August 5,
2008 by Ordinance No. 02-08)
Sec. 2.
Authority of Mayor to erect signs regulating parking; approval by Town
Council.
Whenever, in the judgment of the Mayor of the Town of Laytonsville, it
is necessary for the safety or control of vehicular or pedestrian traffic or
for the regulation of the use of parking areas, the Mayor is authorized to
provide for the erections of “stop,” “no parking,” “speed limit,” “one way,”
and other traffic control and parking restriction signs designed to control,
regulate, warn or guide traffic or limit parking on public streets, highways,
or other public right-of-way areas in the Town, provided, that no such signs
shall be erected for other than temporary and emergency purposes without the
final approval of the Town Council.
Such final approval shall be
constituted by the inclusion, by Mayor and Council resolution, of the above
mentioned restrictions in the official parking rules and regulations of the
Town. Such parking rules and
regulations shall be available to the public at the Town Hall.
It shall be the duty of all persons
to observe such signs and it shall be unlawful for any person to fail to obey
any such sign or violate any provision of this Ordinance or Traffic Rules
adopted hereunder.
Sec. 3. Obedience to police.
It shall be the duty of all persons to comply with any
lawful order or direction of a police officer.
Sec. 4. Removal, impounding and disposition of
unattended vehicles.
If any vehicle is left unattended or
otherwise parked, standing or stopped upon any public road, highway, alley or
public right-of-way or property of the town in violation of any law, ordinance,
order or traffic rule regarding the parking, standing or stopping of vehicles,
or if any vehicle is left unattended upon any such road, highway, alley or
parking lot for more than fourteen days so as to impede the movement of traffic
or constitute a threat to public safety, the Mayor or the Mayor’s authorized
designee or any police officer or parking enforcement officer shall have authority to impound and remove
such vehicle and charge to the owner thereof the costs of towing, storage and other
charges incurred in connection therewith.
Sec. 5. Parking enforcement officer; towing
companies.
The Mayor with the consent of the
Town Council may appoint a parking enforcement officer to enforce the
provisions of this ordinance or any parking rule adopted hereunder and
designate towing companies to remove vehicles in violation of this ordinance or
parking rules.
Sec. 6. Notices of violations; payment of penalties.
Every
duly authorized police officer of the county or the state and any parking
enforcement officer duly designated by the Mayor and Town Council pursuant to
Section Five (5) of this ordinance may attach to any vehicle found to be in
violation of any provision of this such ordinance or parking rule a notice to
the owner thereof that such vehicles has been in violation of such provision
and informing the owner of the penalty for such violation. Each such owner shall pay the penalty within
the time and at the place set forth in the Notice. Failure to comply with the provisions of this Ordinance or any
Traffic Rule may result in the denial of renewal of that owner’s vehicle
registration by the State Motor Vehicle Administration.
Violations
of the provisions of this Ordinance No. 01-04, as amended, shall be subject to
the penalties and enforcement procedures under Chapter 31, Sections 31-51,
31-57 and 31-67 of the Montgomery County Code, as amended.
Any
police officer of Montgomery County or State of Maryland or duly appointed
parking enforcement officer shall have concurrent jurisdiction as to the
enforcement of all parking ordinances, and traffic rules applicable to public
streets and rights-of-way of the Town.
Officers so designated shall have the following authority:
(1) To
issue a notice of violation to any motor vehicle or other vehicle owner or
operator when such person’s vehicle is found parked, stopped or standing in
violation of any provision contained in this ordinance or any parking rules
adopted by the Town and to issue summonses to appear before a judge of the
district court to any person violating the provisions of this ordinance or any
parking rules adopted hereunder.
(2) To
require any person found violating or suspected of violating any provision of
ordinance or a parking rule to present personal identification in the form of a
motor vehicle operator’s permit, motor vehicle registration or proof of vehicle
ownership when charging said person with a violation.
(3) To
notify a police officer or parking enforcement officer of the necessity to
impound a motor vehicle.
(4) To
appear in district court to give evidence as to any parking citation issued.
Any
judge of the District Court for Montgomery County, Maryland shall have the
authority to enforce the provisions of this ordinance and any parking rules and
impose appropriate penalties for violations not to exceed the penalties
provided for such violation in Sections
31-51 and 31-57 of the Montgomery County Code. (Amended August 5, 2008)
Sec.
7. Parking prohibited at specified
places.
Except as necessary to avoid conflict
with other traffic or in compliance with law or the directions of a police
officer or traffic control device, no person shall stop, stand or park any
vehicle in any of the following places:
a. On or over any curb or sidewalk.
b. Within an intersection.
c. Within twenty (20) feet of a crosswalk or on a
crosswalk.
d. Within thirty (30) feet of the approach to any
flashing signal, stop sign, yield sign or traffic control signal located at the
side of a roadway.
e. Within fifteen (15) feet of a fire hydrant.
f.
Within twenty (20) feet
of the driveway entrance to any fire station.
g. At any place where stopping, standing or parking is
prohibited by an official sign.
h. At any place designated as a fire lane by an official
sign or a curb that is painted yellow.
i.
Alongside or opposite
any street excavation or obstruction when such stopping, standing or parking
would obstruct traffic.
j.
On any entrance or exit
ramp of any highway.
k. Upon any bridge or other elevated structure or within
a highway tunnel.
l.
Within fifty (50) feet
of the nearest rail of a railroad grade crossing.
m. Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately opposite the ends of a
safety zone, unless the state highway administration or local authority
indicates a different length by signs or markings.
n. In a space or zone marked as restricted for the use of
handicapped individuals unless the vehicle displays special registration plates
for disabled or handicapped persons or a special permit for such person is by
the county, the state, or any other state, county or city.
o. On any property owned by the board of education of the
county where parking is prohibited by an official sign.
p. On any public property of the Town or unpaved public
right-of-way or road shoulder where parking is prohibited or restricted by an
official sign.
Sec.
8. Parking of trailers and unregistered
motor vehicles prohibited.
a. No person shall park any trailer, camper trailer or boat trailer, or any unregistered motor vehicle, upon any highway, roads, streets, public right-of-way or other public property in the Town at any time without first obtaining a temporary parking permit from the Town Clerk. The temporary parking permit may be issued for a fifteen (15) day maximum with one (1) fifteen (15) day renewal. Amended September 5, 2006.
b. No person shall park or leave unattended any unregistered motor vehicle or trailer upon private property in the Town. This subsection shall not apply to the following persons or circumstances.
1) To any automobile dealer, service station or towing operator, or operator or owner of any junkyard, salvage yard or scrapper or shredder operations, or any other commercial enterprise holding a valid use and occupancy permit authorizing the storage of vehicles or trailers upon the property upon which the vehicles are located.
2) To any governmental storage or impoundment yard.
3) Where
not more than one (1) unregistered motor vehicle or trailer undergoing active
repair or restoration is parked or stored in any open yard area of an
individual one-family residential lot or parcel. Corrected April 6, 2004.
4) To any vehicle or trailer which is undergoing active repair or restoration in a completely enclosed garage or building.
5) Vehicles or trailers registered in another state, to persons in the armed forces of the United States, diplomats of foreign nations, or to vehicles or trailers of nonresident students.
c. For the purposes of this chapter, the following words shall have the meaning hereafter ascribed to them:
Private property means any
lot, parcel or tract of land or improvements thereon, not in public ownership
or control, and also shall include the parking areas of residential development
and common element or limited common element areas of condominium regimes and
homeowners associations.
Storage
Pods means a fully enclosed structure or container used for the temporary
storage of personal property or commercial goods or equipment which is leased
or rented. (Amended May 5, 2009 by
Ordinance No. 02-09)
Unregistered motor vehicle
means any motor vehicle which, for more than a thirty-day period, is not
registered with the appropriate motor vehicle agency of the State of Maryland
and displaying evidence of such current registration.
Unregistered trailer means
any trailer of any type or size designed for use upon a street, road or highway
which, for more than a thirty-day period, is not registered with the
appropriate motor vehicle agency of the State of Maryland, and displaying
evidence of such current registration.
d. For the purposes of this chapter, there shall be a rebuttable presumption that the owner of an unregistered vehicle or trailer is the owner of the private property or tenant or custodian of said property upon which the unregistered vehicle or trailer is parked or otherwise located.
Sec.
9. Damage to Right-of-Way Areas.
No person shall operate or park a vehicle or trailer on any unpaved right-of-way portion of any public street or road in such a manner as to cause or create holes, indentation or ruts in said unpaved right-of-way area. Failure to correct such condition after receipt of written notice from the Mayor or the Mayor’s designee shall be a violation of this Ordinance. In the event that the owner or operator of the vehicle or trailer fails to comply with the written notice, the Mayor or the Mayor’s designee shall have the authority to:
a. Remedy or correct the damage to the right-of-way and charge the owner or operator of the vehicle or trailer with the costs of repairs and restoration and shall be a debt due to the Town and collected as are other debts and/or:
b. Issue to the owner or operator of the vehicle or trailer a notice of municipal infraction including a penalty therefor and enforceable pursuant to the provisions of Article 23A, Section 3(b) of the Annotated Code of Maryland and any Court of competent jurisdiction shall have the authority to impose fines and enter
judgment consistent with this State law and the provisions contained therein.
The owner or occupant of property abutting any unpaved right-of-way portion of any public street or road shall have the duty and responsibility to maintain the abutting unpaved right-of-way surface area in reasonable and safe condition free from obstruction, holes, indentations and ruts. Failure to correct such condition after receipt of written notice from the Mayor or the Mayor’s designee shall be a violation of this Ordinance. In the event of the abutting property owner or occupants failure to comply with the written notice, the Mayor or the Mayor’s designee shall have the authority to remedy or correct the offending condition and either:
a.
Charge the owner or
occupant of the abutting property with the costs of correcting or remedying the
offending condition and said costs shall be a debt due to the Town and
collected as are other debts; or
b. Charge the property owner the costs of correcting or remedying the offending condition and said cost shall become a lien upon the owners property and may be collected by the Town in the same manner as ad valorem taxes or delinquent taxes.
Sec.
10. Storage Pods (Amended May 5, 2009 by Ordinance No.
02-09)
a. No storage
pod shall be placed or maintained upon property without the owner, lessee or tenant of the property first obtaining a
permit from the Town Clerk.
The permit issued shall not
exceed a term of ninety (90) days from the date
of issuance. The Town Clerk is
authorized to issue a single extension for an additional
ninety (90) day period. Each storage
pod shall require a separate
permit.
b.
No more than three (3) storage pods may be maintained upon a single lot or parcel of land regardless of zoning and the
placement shall not infringe upon any yard
setback area, conservation area or public easement or right-of-way.
c.
Any storage pod placed or maintained without a valid permit must
immediately be removed by the Permitee or Property Owner. Failure to remove the
Storage Pod shall be a municipal infraction and enforced as such and a Court of
competent jurisdiction may further issue such orders requiring their removal.
.
Adopted: February 3, 2004
Corrected:
April 6, 2004
Amended:
September 5, 2006
Amended:
by Ordinance No. 02-08 August 5, 2008
Amended
by Ordinance No. 02-09 May 5, 2009