Allegany County, MD
 
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Table of Contents
Table of Contents
[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]
[1]
Editor's Note: Original § 173-4, Road improvements, which immediately followed this section, was repealed 7-14-2011 by Bill No. 3-11, effective 9-1-2011.
[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]
[1]
Editor's Note: Original § 173-10, Regulations governing school buses, which immediately followed this section, was repealed 7-14-2011 by Bill No. 3-11, effective 9-1-2011.
[Added 10-10-2019 by Bill No. 2-19; effective 11-24-2019[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.
[1]
Editor's Note: This bill also renumbered former §§ 461-9 through 461-24 as §§ 461-10 through 461-25, respectively.