[HISTORY: Adopted by the Mayor and Town Council of the Town
of Edmonston 2-10-1997 by Ord.
No. 96-002 (Ch. 44 of the 1997 Code); amended in
its entirety 4-11-2013 by Ord.
No. 2013-OR-03. Subsequent amendments noted where
applicable.]
It shall be unlawful for any person to ride any automobile,
bicycle or any vehicle of any kind on any of the sidewalks of the
Town of Edmonston.
Except as provided in § 435-3 of this chapter, it shall be unlawful for any person riding a bicycle or motor scooter on the streets of Edmonston to take any other person on the same bicycle or motor scooter at the same time; and no bicycle shall be allowed on the streets of the Town at nighttime without a white light on the front which is visible for at least 200 feet and a red light or reflector on the rear which is plainly visible.
No operator of any bicycle, motor scooter or motorcycle when
upon any street, highway or avenue within the Town of Edmonston shall
carry any person or persons upon the handlebars or the frame of such
vehicle, nor shall any person so ride upon any such vehicle nor shall
any motor scooter be used to carry two or more persons unless said
motor scooter is equipped with a tandem adjustment or auxiliary set
equipped with a seat, handlehold and footrest for each person in excess
of the operator carried there, the upper half of the rear wheel to
be so enclosed as to shield completely the clothing of the person
occupying the seats of said motor scooter from contact with the upper
half of the rear wheel.
A.
No person traveling on any bicycle, motorcycle, motor scooter, sled,
scooter, toy wagon, roller skates or any toy vehicle shall cling to
or attach himself or his vehicle to any other moving vehicle upon
any of the streets or upon any roadway within the Town of Edmonston.
B.
No person shall ride upon any portion of any vehicle not designed
or intended for the use of passengers when the vehicle is in motion.
This provision shall not apply to any employee involved in the necessary
execution of his duties.
A.
No person shall park any automobile or any other vehicle:
(1)
On any sidewalks or in front of any private driveway or any part
of any private driveway so as to deny reasonable access thereto.
(2)
Nearer than 15 feet to any fireplug. ($160)
(3)
Nearer than 15 feet on the approach side to any stop sign or other
traffic sign, except where there is a pedestrian crosswalk, and then
there shall be no parking within 20 feet of the crosswalk on the approach
side to any stop sign or other traffic sign.
(4)
Nearer to any intersecting street than 15 feet from the curb fillet
of said street.
(5)
In any space where parking has been prohibited by order of the Mayor
and Town Council and where the parking prohibition is indicated by
a traffic control device erected under the authority of the Mayor
and Council or where the curbing has been painted or marked to indicate
the prohibition.
(6)
On any sidewalk, footway, curbing or space between a footway and
the street in the Town.
(7)
On any unpaved area.
(8)
On land belonging to the Town abutting any street, avenue, alley,
road, sidewalk, footway or curbing of the Town, whether paved or unpaved,
without the express consent of the Town.
(9)
In a space or zone marked as restricted for the use of handicapped
individuals, unless the vehicle so parked displays an official state
handicapped license plate or placard. ($310)
(10)
In a fire lane. ($310)
(11)
In front of the building restriction line on any residential
property in Town except where such vehicle is parked in a bona fide
and paved driveway.
(12)
Prohibiting parking other than on a street, upon any private
property, unless with permission of the person in control thereof
or an occupant thereof, under any of the following conditions: if
such driveway or property is posted to indicate that parking thereon
is prohibited.
B.
Any unattended vehicle found parked in violation of any of the parking
ordinances of the Town shall be presumed to have been so parked and
left unattended by its owner.
C.
Where the Town of Edmonston has created parking spaces by painted or marked stripes, all vehicles must be parked within the confines of the designated parking space. Failure to park within spaces designated by striping or parking in such a manner so as to occupy more than one designated parking space shall constitute an infraction punishable by fine as provided in § 435-16 of this chapter.
($110)
A.
Except as provided in Subsection B hereof, it shall be unlawful for any person to park any automobile or other vehicle on any of the streets of the Town of Edmonston for a continuous period of more than 48 hours at any one time. Any vehicle so parked shall become an abandoned vehicle, as defined in Chapter 429, Vehicles, Abandoned, Inoperable or Junked, § 429-1, and shall be subject to the provisions of Chapter 429.
It shall be unlawful for any person to drive or cause to be
driven any motor vehicle or other vehicle upon any sidewalk, curbing
or footway in the Town of Edmonston except at the intersection of
streets, avenues, alleys, roads or at properly constructed driveways.
All vehicles on the streets of Edmonston, when not in motion,
shall stand with their right sides parallel to and not more than 12
inches from the curb or curbline, and no driver shall park or stop
a vehicle otherwise on the public highways of the Town. All vehicles
shall be parked in the direction of traffic; provided, however, that
it shall be lawful to park vehicles in either direction on both sides
of the end block of a dead-end street.
A.
The definition of "truck" is a motor vehicle, except a multipurpose
passenger van, designed, used, and maintained primarily to carry property
(as provided in Section 11-171 of the Transportation Article of the
Annotated Code of Maryland).
B.
It shall be unlawful for any person to operate a truck in excess
of five tons' gross weight upon or through all streets or portions
of streets posted by signs which give notice of such prohibition.
C.
The prohibition contained in Subsection B shall not apply to any truck which is making local pickups or deliveries of goods, supplies, merchandise or materials or which is providing services to any business or household located in the "no truck" posted area. The truck must make the local pickups or deliveries of goods, supplies, merchandise or materials or which is providing services to any business or household in a timely manner and obey other Town ordinances. Any vehicle failing to obey the "no truck" sign is in violation of the State of Maryland Traffic Article 21-201(a)(1) failure to obey traffic control device. Violators will be cited under this state law.
D.
The prohibition contained in Subsection B shall not apply to any such truck which is owned or operated by a resident of Edmonston and is allowed to be parked at the resident's dwelling in Edmonston.
E.
46th Avenue off Decatur Street is the street designated as the access
route for trucks going in the neighborhood of Lafayette Place, Ingraham
Street or 46th Avenue, where industrial and urban light industrial
properties are located.
It shall be unlawful to park any "inoperable vehicle" as that term is defined in § 429-2 of the Town Code or any motor vehicle that is required to be registered under state law that has expired registration, no registration, altered registration or registration listed to another vehicle on a public street, alley or highway or private property used by the public in general, including but not limited to parking lots of shopping centers, condominiums, apartments and townhouse developments within the Town. A violation of this section shall be deemed a municipal infraction. A violation of not more than 30 days shall be considered an expired registration, punishable by a fine of $80. Any violation of more than 30 days shall be considered as unregistered and therefore inoperable and shall be punishable by a fine of $510 and as otherwise outlined under § 429-2.
($160)
A.
Preamble. The Mayor and Town Council find and declare that serious
adverse conditions in certain areas and neighborhoods of the Town
of Edmonston result from motor vehicle congestion, particularly long-term
parking of motor vehicles on the streets of such areas and neighborhoods
by nonresidents thereof. The permit parking program herein established
is intended to reduce hazardous traffic conditions resulting from
the use of streets within these areas or neighborhoods by nonresidents;
to protect the residents of these areas from unreasonable burdens
in gaining access to their residences; to preserve the value of the
property residential districts; to preserve the value of the property
in those districts; and to preserve the safety of children and other
pedestrians and for the peace, good order, comfort, convenience and
welfare of the inhabitants of the Town.
B.
HOUSEHOLD
MOTOR VEHICLE
PARKING MANAGEMENT PLAN
PEAK PERIOD
RESIDENTIAL AREA OR DISTRICT
RESIDENTIAL PERMIT PARKING PROGRAM AREA
Definitions. For the purposes of this section, the following terms
shall have the meanings listed below:
All persons occupying a single housing unit (house, apartment,
group of rooms or single room intended for occupancy as separate living
quarters).
A vehicle licensed as a private passenger car or a motorcycle,
including all vehicles designated as multipurpose passenger vehicles
under the Transportation Article of the Annotated Code of Maryland.
A method specifically designed to address the identified
parking needs of a clearly defined area through use of techniques
such as a residential permit parking program, parking time restrictions,
special meter zones and one-way street patterns.
That time interval between the hours of 7:00 a.m. and 7:00
p.m. on weekdays during which the highest percentage of overall resident
and nonresident parking utilization as well as nonresidential parking
utilization occurs.
A contiguous or nearly contiguous area containing public
streets and highways or parts thereof primarily abutted by residential
property, including but not limited to schools, parks, churches, hospitals
and nursing homes, which is within an area zoned as a residence district.
A residential area designated as herein provided, wherein
a vehicle belonging to a resident displaying a valid permit as described
herein shall be exempt from parking time restrictions established
pursuant to this section.
C.
Procedure for designating residential permit parking areas. There
is established a residential permit parking program designed to meet
those needs which shall be available to all resident areas or neighborhoods
of the Town which are zoned residential. In order to qualify for the
program, such areas or neighborhoods must meet the criteria set forth
herein. Such areas shall be established only after completion of the
procedure outlined herein. This procedure shall be as follows:
(1)
Petition. In order to be considered for a residential permit parking
program, a neighborhood group, group of residents or community association
must submit a petition to the Town Council containing the signature
of an adult member of at least 80% of the households in the residential
area. Petitions will be considered for areas as small as one complete
street, both sides included. The boundaries of and the streets within
the proposed permit parking area must be clearly identified on each
page of the petition. A cover letter explaining the reason for the
request and containing the boundaries of streets within the proposed
permit parking area should accompany the petition.
(2)
Designation by the Mayor and Council. Notwithstanding the provisions of § 435-11C(1), the Mayor and Town Council by majority vote may establish by resolution any street within the Town of Edmonston as residential parking permit area.
(3)
Public hearing. Upon receipt of a valid petition or if designated
by the Mayor and Town Council, a public hearing will be conducted.
The hearing shall be held only after due notice has been published
in a newspaper of general circulation in the Town, provided in the
Town newsletter or posted in the Town Hall. The notice shall state
the purpose of the hearing, the exact location and boundaries of the
area under consideration and the permit fees. The creation, alteration
or elimination of a residential parking district shall take into account,
among other things:
(a)
The effect on the safety of residents of the area under consideration
from intensive use by nonresidents for parking of vehicles;
(b)
The need of the residents of the area to obtain adequate on-street
parking adjacent to or close by their places of residence;
(c)
The difficulty or inability of residents of the area to secure
adequate on-street parking adjacent to or close by their places of
residence because of widespread use of available parking spaces in
that area by nonresident transient motorists;
(d)
The impact of public facilities and programs on the health,
safety and welfare of the residents of the area and any unreasonable
burdens placed on those residents in securing adequate on-street parking
and gaining access to their places of residence by virtue of such
facilities and programs;
(e)
The likelihood of alleviating, by the creation, alteration or
elimination of a residential parking district, of any problem of nonavailability
of residential parking spaces;
(f)
The desire of the residents in the area for the creation, alteration
or elimination of a residential parking district, and the willingness
of those residents to bear the administrative costs incidental to
the issuance of permits authorized;
(g)
The need for some parking spaces to be available in the area
under consideration for use by visitors and the general public; and
(h)
Such other factors as shall be deemed relevant.
(4)
Adoption. Within 60 days following the public hearing, the Mayor
and Town Council shall act upon the recommendation to create, alter
or eliminate a residential parking district. The Mayor and Town Council
may create, alter or eliminate a residential parking district by adoption
of a resolution which identifies the boundaries of the district and
establishes the times, locations and conditions under which parking
is limited by permit.
D.
Implementation and administration of the program.
(1)
Any street within the corporate limits of the Town of Edmonston that
has been designated by resolution of the Town Council by majority
vote as a residential permit parking program area shall be subject
to regulation by this chapter. Any area designated as a residential
permit parking program will be marked by signs which designate the
area as "Permit Parking Only - violators will be ticketed and towed,"
or other words to that effect. Motor vehicles parked in areas so marked
must display a properly issued residential parking permit which was
lawfully obtained in the manner described in this chapter.
(a)
The provisions of this chapter shall be enforced only during
the hours designated by the Mayor and Town Council.
(b)
The issuance of a residential parking permit does not allow
for the parking of any motor vehicle in violation of any other parking
restrictions, such as fire lanes or handicapped parking spaces.
(c)
Once the Town Council designates a particular area as a residential
permit parking program area, the Town shall erect signs that clearly
mark the area for enforcement of the provisions of this chapter. Enforcement
of these marked areas will not start until 30 days after the posting
of the signs in the area to allow for households to obtain the required
permit.
(d)
Only three types of residential parking permits will be recognized as legitimate. The permanent parking permit will be a sticker that is issued to a single vehicle and may only be removed from that vehicle or transferred to another vehicle in compliance with the requirements set forth in Subsection D(7) in this chapter.
(e)
A visitor's parking permit is transferable between vehicles.
(f)
A one-time parking permit is issued by the Town of Edmonston
to a household that makes applications for them for the purpose of
allowing the member of a household to have a number of vehicles parked
near his or her home for an occasional event. These permits shall
be issued at a cost of $5 per permit and are only valid for the day
that they are issued.
(g)
The designs of each of the types of permits shall be approved
by the Mayor and Town Council based on a resolution that passes by
a majority vote.
(3)
Expiration of permits; transfers of permits. A permit shall expire and be void when the licensee no longer resides within the Town of Edmonston, and the licensee shall remove the permit sticker from any vehicle registered to park within the Town upon moving outside of the Town. Permits shall be transferred from one vehicle to another in accordance with Subsection D (7) of this chapter.
(4)
Application for permit.
(a)
The application for a permit shall contain information to verify
that the applicant is a bona fide resident of the Town for which application
has been made and has legal title to or the right to possession of
the motor vehicle to be registered at that address, including, but
not limited to the following:
[1]
The name and address of the owner of the motor vehicle.
[2]
The applicant's address.
[3]
The make, model, color, state or registration and license number
of the motor vehicle.
[4]
The principal driver's name, operator's license number and state
of issuance.
[5]
The motor vehicle registration, operator's license and any other
relevant documents.
(b)
The Town shall issue the parking permit, upon finding that the
applicant meets the requirements specified herein.
(5)
Fee. Households that make proper application for permits shall receive
their permits and two visitor permits at no charge.
(6)
Display of permit. The permanent residential parking permit shall
be a sticker affixed to the rear of the inside rear view mirror. The
display of the visitor's or one-time-use permits shall be on the center
of the vehicle's dashboard. Temporary or visitor permits shall be
removed upon operation of the vehicle.
(7)
Transfer of permit; replacement permit. When a motor vehicle to which a permit is affixed is sold, transferred, demolished or in any other manner rendered unusable to the licensee, or if the permit is lost or stolen, the licensee shall remove the permit from the motor vehicle and may request the issuance of a replacement permit to the Town of Edmonston. If the permit is still in the licensee's possession, the permit must be returned to the Town of Edmonston. An application for a replacement permit will render the original permit null and void, whether that permit is a permanent or visitor permit. Any vehicle found to be displaying such voided permits will be found in violation and will be fined and towed in accordance to Subsection E of this section. The fee for a replacement permit shall be $10 per permit.
E.
Violations and penalties. The parking of any vehicle or the use of
any parking permit in a manner contrary to the residential parking
provisions established in this section is prohibited, and the same
is hereby declared to be municipal infraction. Any person violating
the same shall be fined $160 for each violation. Additionally, any
motor vehicle parked in violation shall be impounded and towed.
F.
Severability. The provisions of this section are severable, and if
any provision, clause, sentence, section, word or part thereof is
held illegal, invalid or unconstitutional or inapplicable to any person
or circumstances, such illegality, invalidity or unconstitutionality
or inapplicability shall not affect or impair any of the remaining
provisions, clauses, sentences, sections, words or parts of the act
or their application to other persons or circumstances. It is hereby
declared to be the legislative intent that this section would have
been adopted if such illegal, invalid or unconstitutional provision,
clause, sentence, section, word or part had not been included therein
and if the person or circumstances to which the act or part thereof
is inapplicable had been specifically exempted therefrom.
A.
BOAT
CAMPING VEHICLE
TRAILER
Definitions. When used in this section, the words enumerated below
shall have the following meanings:
An open vessel designed to use on the water propelled by
oars, sails or engine.
A vehicle originally sold to the consumer by a manufacturer
or dealer for recreational purposes which is self-propelled or capable
of being towed by a passenger motor vehicle and which provides facilities
for temporary camping or sleeping, or both, including a unit designed
to be carried by an open pickup truck. The term "camping vehicle"
includes "travel trailer," "camper," "recreational vehicle," motor
home" and "truck camper." The term "camping vehicle" shall also include
all those vehicles which are converted from other uses for the purposes
described in this definition.
A cart, wagon, van or device designed to be pulled by an
automobile, truck or tractor for hauling freight or a boat.
B.
No camping vehicle, trailer or boat may be parked on any street in
the Town except for temporary purposes, such as for the loading or
unloading thereof.
C.
Camping vehicles, boats, trailers and trailers containing boats may
be parked on any residential lot in the Town, provided that they are
parked beyond the front building restriction line of the lot.
It shall be unlawful for any business or commercial entity,
to which an owner of an automotive vehicle has entrusted such vehicle
to said business or entity, for any purpose, or for any public or
private tow company, who has towed by contract or result of impound,
to park or store such vehicle on any street(s) within the Town of
Edmonston, except where specifically authorized by Council or designee.
Any such violation of this code may be subject to a fine of $210 for
the first offense and $310 for each subsequent offense within a twelve-month
period. Furthermore, an operator and/or owner of any business, commercial
entity, public or private tow company who violates or allows such
violation of this chapter, shall be subject to a Municipal Civil Citation
in the amount of $260 for the first offense and $510 for each and
every subsequent offense within a twelve-month time period. In addition
to any fine imposed for a violation of this section, any vehicle parked
in violation of this section shall be subject to immediate impoundment
without prior notice. Said business, commercial entity, public or
private tow company shall be held responsible for any and all incurred
fines and/or costs associated with said impoundment.
[Amended 11-14-2018 by Ord. No. 2018-OR-04]
A.
No motor,
electric or horse-drawn vehicle shall be double-parked on any of the
streets of the Town of Edmonston at any time, except while actually
being loaded or unloaded, and then only if and when absolutely necessary.
When vehicles are being loaded or unloaded, such activity shall be
done continuously and without any unnecessary delay, and immediately
upon completion the vehicle shall be forthwith moved from its double-parked
position.
B.
Except as provided in Subsection D of this section, it shall be unlawful for any person to park a commercial motor vehicle, other than automobiles, station wagons or pickup trucks and panel body delivery trucks having not more than a one-ton manufacturer's rating capacity, used for commercial purposes on the public streets within the corporate limits of the Town of Edmonston, except for loading or unloading passengers or materials as provided herein. In no case shall the stop for loading and unloading of passengers or materials exceed three hours. However, this subsection shall not prohibit the stopping, standing or parking of firefighting equipment or other emergency vehicles of public utilities or contractors while engaged in the repair, maintenance or construction of the streets or street utilities within the Town. "Commercial motor vehicle" shall be defined, for the purposes of this section, as every motor vehicle and every trailer or semitrailer designed and used for carrying freight, merchandise or materials in furtherance of any commercial enterprise and every motor vehicle designed for carrying more than 10 passengers and/or use for the transportation of persons for compensation and shall include but not be limited to trucks over one ton, dump trucks and all trash trucks.
C.
Notwithstanding Subsections A and B hereof, it shall be unlawful for any person to park any commercial motor vehicle, as defined in Subsection B above, within the corporate limits of the Town of Edmonston for the purpose of loading and unloading so as to completely obstruct a right-of-way within the Town.
D.
The Mayor
and Council of the Town of Edmonston may, from time to time, designate,
by resolution, areas in which it shall be lawful for persons to park
commercial motor vehicles used for commercial purposes on public streets.
E.
Parking,
standing or stopping any motor vehicle in a designated loading and
unloading zone for any purpose other than loading and unloading as
authorized in the zone is prohibited. The Mayor and Council may designate
the location of and purpose for any loading and unloading zone by
resolution.
Any ambulance, Fire, Police, Water Department or emergency vehicle
shall have the right-of-way. A vehicle on the approach of fire apparatus
shall immediately draw near and parallel with the curb and stop.
A.
All nonmoving violations of this chapter shall be deemed municipal infractions, governed by the provisions of Chapter 110, Municipal Infractions, of the Town Code, and shall subject the violator to a fine of $85 which, if not paid within 20 days of the date of violation of notice, shall double to a fine of $160; provided, however, that the fine for parking in an area designated as a fire lane shall be $310 and, if not paid within 20 days, shall double to a fine of $620. The fine for violation of § 435-5A(2) with respect to parking within 15 feet of a fire plug shall be $160. The fine for a violation of § 435-5A(9), illegally parking in a designated handicapped parking space, shall be $310 and, if not paid within 20 days, shall double to a fine of $620. The fine for a violation of § 435-6A with respect to forty-eight-hour parking shall be $110. The fine for a violation of § 435-10 with respect to parking of inoperable vehicles shall be $510 for each offense. Violations of § 435-14, parking of commercial vehicles on any road in Edmonston, shall be $110. For the purposes of this chapter, each day a violation goes uncorrected shall constitute a separate offense.
B.
All moving violations, including those by any individual violating
§ 44-8,[1] shall, upon conviction, be fined and/or penalized in accordance
with the schedule of fines and penalties determined by the state and
set out in a document prepared by the Chief Administrative Judge and
referred to as the "Schedule of Preset Fines and/or Penalty Deposits,"
as such document may be amended from time to time.
[1]
Editor's Note: This reference is to former § 44-8,
Maximum speed limit, for which there is no corresponding section in
this chapter adopted by Ord. No. 96-002.
C.
Any person who shall violate any other provision of this chapter
or fail to comply with its requirements shall, upon conviction, be
deemed guilty of a municipal infraction, subject to a fine of $85.
[Added 6-10-2015 by Ord.
No. 2015-OR-2]
A.
Request for review. Upon receipt of a parking violation notice, the
alleged offender may, prior to payment or election to stand trial,
request a parking violation review upon timely notice to the Town
five or more days before the payment due date. If a review election
is made, a review will be held within 30 days of the request before
a Town Parking Violation Review Officer. The alleged offender may
appear at the review in person or by written submission. A timely
request for review will automatically extend the time for payment
or election to stand trial until a date subsequent to the review.
B.
Review procedure. There shall be a Parking Violation Review Officer, who shall be appointed by the Mayor and Council, and who shall have the authority to conduct the parking violation review pursuant to procedures adopted by the Mayor and Council, to receive evidence and to issue a recommendation thereon. As part of the review process, the Parking Violation Review Officer shall have the discretion to recommend a fine that is less than that set out in § 435-16 of the Town Code. At the time the recommendation is issued, the alleged offender shall have until the date set by the review officer to either pay the recommended amount or to request a trial. If the alleged offender pays and satisfies the recommended fine, the Town will take no further action. If the alleged offender timely requests a trial, the request will be transmitted to the court forthwith.
[Added 6-8-2022 by Ord. No. 2022-OR-02]
A.
The Town
and its Police Department are authorized to operate a speed monitoring
system to enforce the speed limit pursuant to the Annotated Code of
Maryland, Transportation Article, § 21-809, as amended,
in school zones, within 1/2 mile of an institution of higher education,
and on highways in residential districts with a maximum posted speed
limit of 35 miles per hour.
B.
Before
activating a speed monitoring system, the Town shall:
(1)
Publish
notice of the location of the speed monitoring system on its website
and in a newspaper of general circulation in the Town.
(2)
Ensure
that each speed limit sign approaching and within an institute of
higher education zone, or on a highway in a residential district with
a maximum posted speed limit of 35 miles per hour, and each speed
limit sign that designates a school zone is proximate to a sign that:
(a)
Indicates that speed monitoring systems are in use in the school,
highway or institute of higher education zone; and
(b)
Is in accordance with the manual for and the specifications for a
uniform system of traffic control devices adopted by the State Highway
Administration under the Annotated Code of Maryland, Transportation
Article, § 25-104.
C.
A speed
monitoring system in a school zone may operate only Monday through
Friday between 6:00 a.m. and 8:00 p.m. A speed monitoring system in
a zone within 1/2 mile of an institution of higher education or on
a highway in a residential district with a maximum posted speed limit
of 35 miles per hour may operate 24 hours per day, seven days per
week.
D.
For a
period of at least 30 days after the first speed monitoring system
is placed in the Town, a violation recorded by any speed monitoring
system may be enforced only by issuance of a warning. Thereafter,
if the Town moves or places a mobile or stationary speed monitoring
system where a speed monitoring system has not previously been placed,
the Town may not issue a citation for a violation recorded by that
speed monitoring system:
E.
The Town
Council is hereby authorized to designate school speed enforcement
zones, residential highway zones and zones within 1/2 mile of an institution
of higher education consistent with this section by resolution.
