[Amended 6-2-1997 by Ord.
No. 349]
No person shall park, place or leave parked any motor vehicle
on any portion of any private street, alley or other private way so
as to obstruct the entrance or use thereof without the express permission
of the owner thereof, his or her tenant or agent.
[Added 10-21-1996 by Ord.
No. 343]
A. No person shall park or leave parked, any motor vehicle on any publicly owned or privately owned parking lot within the corporate limits of Pocomoke City in violation of the terms and conditions of a sign conspicuously posted on such parking lot by the owner, operator, tenant or other person with authority to regulate parking of vehicles on such parking lot, when such sign meets the requirements of Subsection
B of this section.
B. Signs.
(1)
The owner, operator, tenant, or other person with authority to regulate parking on publicly or privately owned parking lots may not have a vehicle towed or otherwise removed from the parking lot unless signs have been placed in one or more conspicuous locations as described in Subsection
B(2) of this section, and the signs conform, as a minimum, to the following:
(a)
Are at least 24 inches high and 30 inches wide;
(b)
Are clearly visible to the driver of a motor vehicle entering
or being parked in the parking lot;
(c)
State the hours of each day of the week when parking restrictions
apply and the exact restrictions which apply to the lot including
that a vehicle parking in violation may be towed;
(d)
State the location to which the vehicle will be towed or removed,
which location may not be more than five miles from the parking lot;
(e)
State the hours during which the vehicle may be reclaimed;
(f)
State the maximum amount that the owner of the vehicle may be
charged for the towing or removal of the vehicle and for storage of
the vehicle, which amount may not exceed for towing more than twice
the amount of the total fees normally charged for towing vehicles
within the City and the sum of $10 per day storage for vehicle up
to 20 feet in length, $20 per day for vehicles 21 to 40 feet and $30
per day for vehicle over 41 feet in length.
(g)
Provide the telephone number of a person who can be contacted
to arrange for the reclaiming of the vehicle by its owner or owner's
agent.
(h)
That the owner of the vehicle shall bear the liability for the
costs of towing, removal and storage of the vehicle.
(i)
That an improperly parked vehicle will be subject to a lien
for towing and storage until the owner or owner's agent pays
the tow truck operator the costs for towing and storage allowed by
this section.
(2)
Location. A sign shall be placed so that it is clearly visible
from each entrance to the parking lot, with additional signs for every
10,000 square feet of parking area in excess of the first 10,000 square
feet of parking area shall be placed within that parking lot area.
C. Towing or removing vehicles. Any person who undertakes to tow or
remove a vehicle from a publicly owned or privately owned parking
lot within the City shall comply with the following:
(1)
Shall have authorization from the owner, operator, tenant or other person with authority to regulate parking of vehicles on the parking lot which authorization shall name the tow truck operator and the person authorizing the towing or removal and state that the owner, operator, tenant or other person with authority to regulate parking of vehicles or the parking lot has posted signs in compliance with this §
220-15.1 and requests the removal of vehicle parked in violation of this §
220-15.1.
(2)
Shall notify the Pocomoke City Police Department within two
hours of the towing or removal of the vehicle and provide a description
of the vehicle, the license number and vehicle identification number
(VIN), the location from which the vehicle was towed, the time of
towing and place where the vehicle is being stored or held.
(3)
May not charge the owner of the vehicle any fees in excess of those allowed by this §
220-15.1.
(4)
Shall maintain a policy of commercial liability insurance in
an amount of at least $50,000 per occurrence to cover the costs of
any damage to the vehicle resulting from the person's negligence.
(5)
Shall provide the owner of the vehicle or the owner's agent
immediate and continuous opportunity to retake possession of the vehicle.
D. Penalties.
(1)
The owner, operator, tenant or other person with authority to
regulate parking of vehicles or the parking lot may, in addition to
or in lieu of having the vehicles towed or removed, request the Pocomoke
City Police Department issue a municipal infraction citation for the
vehicles parked in violation of the restrictions posted on the signs.
(2)
The Pocomoke City Police Department is hereby authorized to issue municipal infraction citations if requested to do so provided in Subsection
D(1).
No person shall park any motor truck or commercial vehicle for
more than two hours on any public street of the City between 11:00
p.m. and 7:00 a.m.
No person shall park or leave standing any trailer on any street,
alley or other public way of the City for longer than two hours, except
in an emergency caused by mechanical failure, in which event the foregoing
period of time shall be extended to six hours.
It shall be unlawful for the operator of any commercial vehicle
to park said vehicle on any street, alley or public way in any residential
area of the City for a period of time longer than necessary for the
purpose of loading or unloading said vehicle.
[Amended 4-18-1988 by Ord. No. 295]
It shall be unlawful for the owner or operator thereof to park
or leave standing any vehicle on any street, alley or public way for
a longer period of time than 72 hours when to do so creates a nuisance
or interferes with the lawful use by others of the street, alley or
public way.
It shall be unlawful for any person or persons to make major
repairs or overhaul any vehicle on any street, alley or public way.
It shall be unlawful for any person or persons to park or leave
standing upon any street, alley or other public way any vehicle from
which an excessive amount of grease, oil, gasoline or other petroleum
product may leak and be deposited or spread upon any such street,
alley or public way.
[Added 2-2-1987 by Ord.
No. 291; amended 6-2-1997 by Ord. No. 349]
A. Definitions. For the purpose of this section, terms hereinafter set
forth shall be defined as follows:
EMERGENCY VEHICLE
A vehicle so designated or authorized by the Administrator
of the State Motor Vehicle Administration.
FIRE LANE
A designated lane required to be permanently open for the
ingress or egress of Fire Department and other emergency vehicles
only in order that fires may be prevented or controlled and exitways
kept unobstructed for safety of life.
FIRE MARSHAL
That person designated under Chapter
132, Fire Prevention, of the Code of Pocomoke City, Maryland.
B. Designation of fire lanes; penalty for tampering with signs.
(1) When he or she deems it necessary, the Fire Marshal shall designate
fire lanes on public streets and on private property used for commercial,
industrial or apartment projects for the purpose of preventing parking
in front of or adjacent to fire hydrants or to provide access for
fire-fighting equipment. He or she shall also designate fire lanes
on private property used by the public in general for the purpose
of preventing parking in front of or adjacent to fire hydrants or
to provide access for fire-fighting equipment.
(2) Posting of signs. The Fire Marshal shall cause the owner to post
sufficient signs at all established fire lanes, the notice to read:
"No Parking. Fire Lane." Such sign(s) shall not be removed without
written permission of the Fire Marshal.
C. Duty of property owner. The property owner is hereby directed, wherever
necessary to secure compliance with the terms of this section, to
furnish and erect appropriate signs as directed and to give appropriate
warning or notice concerning unlawful obstruction as set forth herein
and, if necessary in order to enforce compliance, to cause the removal,
by towing away or otherwise, of any debris, vehicles or other objects
which interfere with or obstruct previously established and marked
fire lanes or fire hydrants for the access or operation of any Fire
Department equipment or other emergency vehicles or equipment.
D. Obstruction of fire lanes, parking, etc. It shall be unlawful for
any person or for any property owner whose private property is used
by the public in general to obstruct or interfere or to allow the
obstruction of or interference with the operation of any emergency
vehicle or equipment or to obstruct or to allow the obstruction of
access by emergency equipment to any fire hydrant, to any Fire Department
connection or to any designated fire lane on either public or private
property or to park or to allow parking within any fire lane.