[Adopted as Ch. 173, Art. I, of the 1984 Code]
[P.L.L., 1888, Art. 1, sec. 211; 1930, sec. 537; 1955 Code,
sec. 459; 1880, ch. 286; 1904, ch. 262, sec. 211; 1914, ch. 787, sec.
211; 1933, ch. 574]
The offices of the Board of Road Directors and of the County
Roads Engineer of Allegany County are hereby abolished, and all the
rights, powers, obligations, functions and duties conferred by law
upon said Board of Road Directors and said County Roads Engineer are
hereby transferred to the Board of County Commissioners of said County
and shall hereafter be exercised by and performed by said Board of
County Commissioners to the same extent as if said Board of County
Commissioners had been named in the provisions of this article or
any Acts of the General Assembly of Maryland as the body upon which
said rights, powers, obligations, functions and duties were conferred.
The salaries of the respective Road Directors for Allegany County
shall be paid until the end of the term for which they were elected
in 1930. All the records, papers, documents and property in the possession
or under the control of said Board of Road Directors or of the County
Roads Engineer shall be transferred and delivered to the Board of
County Commissioners immediately upon June 1, 1933.
[P.L.L., 1888, Art. 1, sec. 214; 1930, sec. 540; 1955 Code,
sec. 462; 1880, ch. 286; 1904, ch. 262, sec. 214; 1963, ch. 265, sec.
462; 7-14-2011 by Bill No. 3-11, effective 9-1-2011]
The County Roads Department shall keep records showing in detail
the expenditures on each road in the County, including the cost of
all material and labor as separate items, which records shall be open
to the public.
[P.L.L., 1930, Art. 1, sec. 543; 1955 Code, sec. 464; 1904,
ch. 262, sec. 216A; 1963, ch. 265 sec. 464; 1-15-1982 by Bill No. 14-81, effective 3-31-1983; 9-17-1982 by Bill No.
7-82, effective 9-30-1982; 7-14-2011 by Bill No. 3-11, effective 9-1-2011]
The County Commissioners herein provided for shall take charge
and supervision of all roads and bridges in Allegany County and shall
see that no obstructions, hindrances or injury are or is permitted
upon any road or bridge under their supervision, and any person placing
any obstruction of any kind whatsoever on the public roads or in any
side ditches thereto shall be liable to a fine of not more than $1,000
per occurrence, which may be imposed by the Court upon the complaint
of the County Commissioners, and the person so placing said obstruction
on the public roads or in the side ditches thereto shall be liable
to a fine of not more than $1,000 for each occurrence. All fines collected
under the provisions of this section or of other sections of this
article shall be paid over to the Director of Finance of Allegany
County and credited by him to the account of the County Commissioners
for road purposes. All such fines shall be collectible as other fines
imposed by the Court.[1]
[P.L.L., 1930, Art. 1, sec. 551; 1955 Code, sec. 471; 1904,
ch. 262, sec. 216H; 1963, ch. 265, sec. 471; 1967, ch. 597, sec. 584;
7-14-2011 by Bill No. 3-11, effective 9-1-2011]
Whenever any owner of any property in Allegany County shall
have paved, laid out or graded any avenue or road for the public convenience
and is willing to dedicate the same to public uses by good and sufficient
deed, duly recorded, the County Commissioners are authorized to accept
the same if, in the opinion of the County Commissioners, the same
is convenient for public use, and, upon acceptance, said avenue or
road so dedicated shall be kept in good order and repair by the County
Commissioners; provided, however, that previous to such acceptance,
said road shall be not less than 40 feet in width and duly and properly
constructed in the judgment of the County Commissioners. All such
deeds shall grant such avenues or roads to the County Commissioners
of Allegany County and shall be recorded among the land records of
said County.[1]
[1]
Editor's Note: Additional provisions providing specifications
for roads to become a part of the County roads system in Allegany
County, adopted 12-9-1969 by Ord. No. 22, are on file and open to
public inspection in the office of the County Clerk.
[P.L.L., 1930, Art. 1, sec. 552; 1955 Code, sec. 472; 1904,
ch. 262, sec. 216-I; 1963, ch. 265, sec. 472; 1967, ch. 597, sec.
585]
Whenever any road shall have been in public use for 20 years,
though the same may not have been condemned or granted as a public
highway, the County Commissioners, if they deem public convenience
so requires, may declare said road to be a public highway and shall
have full power to relocate and straighten the same, in their discretion,
and shall publish notice to that effect once a week in one or more
newspapers published in Allegany County, provided that said road shall
not be less than 40 feet in width, and such road so declared to be
a public highway shall be kept in good order and repair as other public
roads.
[P.L.L., 1930, Art. 1, sec. 553; 1955 Code, sec. 473; 1904,
ch. 262, sec. 216J; 1963, ch. 265, sec. 473]
Whenever any doubt exists as to the proper location or width
of a road, the County Commissioners may cause the same to be surveyed
and make such alterations as the public convenience may require, subject
to the rights of any person under the provisions contained in this
article for the opening of new roads.
[P.L.L., 1930, Art. 1, sec. 560; 1955 Code, sec. 480; 1904,
ch. 262, sec. 216Q; 1929, ch. 79; amended 6-15-1984 by Bill No. 2-84]
The County Commissioners shall not be liable in any action whatsoever
growing out of or caused by any of the existing roads in Allegany
County being narrower than required by law or growing out of or caused
by their being narrower than they were originally planned, nor shall
said County Commissioners be required to keep the public roads in
Allegany County free from snowdrifts, nor shall said County Commissioners
be liable to any action for damages caused by snowdrifts, snow, ice
or any accumulations thereof, nor shall said County Commissioners
be liable for damages of any kind unless the person injured or someone
in his behalf shall give the Clerk of the County Commissioners for
Allegany County notice in writing of such injury within 60 days after
the same has been received, stating specifically in such notice when,
where and how the injury occurred and the extent thereof.
[P.L.L., 1930, Art. 1, sec. 561; 1955 Code, sec. 481; 1904,
ch. 262, sec. 216R; 1963, ch. 265, sec. 481; 7-14-2011 by Bill No.
3-11, effective 9-1-2011 ]
It shall not be lawful for any person or corporation whose business
is that of a common carrier to stop his, its or their vehicles, cars
or engines upon any roadbeds or crossings of any public roads of Allegany
County over or across which said vehicles, cars or engines may run
for a longer time than is absolutely necessary to take on or let off
his, its or their passengers or freight, and such stop shall not exceed
in any event a period of 10 minutes at any one time. Any person or
persons or corporation, his or its officers or agents violating any
of the provisions of this section shall be liable to a fine of not
more than $1,000 to be recovered before any court of Allegany County,
subject, however, to the right of appeal to the Circuit Court for
said County. All actions under this section shall be brought in the
name of the State of Maryland for the use of the County Commissioners
of Allegany County for road purposes, and actions under this section
may be instituted by any person cognizant of the violation of its
provisions.[1]
A.
As used in this section, "traffic law photo-monitoring device" means
an electronic system consisting of a photographic, video, or electronic
camera and a means of sensing the presence of a motor vehicle that
automatically produces photographs, videotape, or digital images of
the vehicle, its operator, or its license plate.
B.
This section only applies to roadways constructed or improved and
accepted into the County roads system for maintenance.
C.
No police officer may utilize on the subject roadway a traffic law
photo-monitoring device to determine compliance with, or to detect
a violation of, a County ordinance or any provision of this Code that
governs or regulates the operation of motor vehicles.
D.
A violation of a County ordinance or any provision of this Code that
governs or regulates the operation of motor vehicles on the subject
roadway may not be proved by evidence obtained by the use of traffic
law photo-monitoring device.
E.
The provisions of this section do not prohibit the use of any device
designed to measure and indicate the speed of a moving object by means
of microwaves or reflected light to obtain evidence to prove the speed
of a motor vehicle.
F.
The provisions of this section do not prohibit use of a traffic law
photo-monitoring device for any other lawful purposes other than to
obtain evidence to prove violations of County ordinances or any provision
of this Code governing or regulating the operation of motor vehicles.
G.
Nothing in this section prohibits the use of traffic law photo-monitoring
device on roadways maintained by the State of Maryland or municipal
government located within Allegany County, Maryland.
