[HISTORY: Adopted by the Mayor and Town Council of the Town
of Hancock 5-10-2006 as Ch. 6
of the 2006 Code of Ordinances. Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
A vehicle that is designed to be operated by human power,
has two or three wheels, of which one is more than 14 inches in diameter,
and has a wheel configuration as follows:
If the bicycle has two wheels, with both wheels in tandem; or
if the vehicle has three wheels, with one front wheel and with two
year wheels that are spaced equal distance from the center of the
bicycle; or a vehicle that is otherwise considered a bicycle under
the Transportation Article of the Annotated Code of Maryland.
Any portion of a roadway or shoulder designed for single-directional
bicycle flow.
Minibikes, motorbikes, motor scooters, go-carts and other
mechanically propelled vehicles of a similar nature.
Skateboards, roller skates, soapbox vehicles and other similar
devices. Play vehicles shall not include tricycles and/or other three-or-more-wheeled
toys commonly used by small children under the supervision of an adult,
parent or other responsible person unless otherwise specified herein.
"Police department" is defined as either the officially designated
Police Department for the Town or any other law enforcement agency
acting within the corporate limits of the Town of Hancock. The term
"law enforcement officer" is defined as any member of any law enforcement
agency of the state, county or Town.
Any part of a highway, street, road, or alley that is improved,
designated, or ordinarily used for motor vehicle travel other than
the shoulder or designated bike path.
The rider or operator of a bicycle or play vehicle, as defined
herein, on any of the streets of the Town of Hancock shall have said
vehicle under proper control and shall not operate or propel the bicycle
on any of the streets of the Town recklessly or at a rate of speed
greater than is reasonable and proper and shall not use the street
or highways so as to endanger the property of any person. All operators
of bicycles or play vehicles shall at all times comply with all other
traffic regulations in force in the Town of Hancock and pursuant to
the traffic regulations for the State of Maryland.
It shall unlawful for any person to ride any bicycle, motor
vehicle or play vehicle, as defined in this chapter, on, over or upon
the public sidewalks of the Town of Hancock, except during periods
requiring the removal of snow from the sidewalks of the Town of Hancock.
It shall be unlawful for any person, operator or group of persons
to ride or operate a bicycle, motor vehicle, or play vehicle, as defined
in this chapter, on any sidewalk, tennis court, basketball court,
pavilion, swimming pool in any park or playground owned, operated
and/or maintained by the Town of Hancock, except in those areas designed
as "riding areas" or except in such areas as are public highways or
roads.
It shall be unlawful for any person, operator, or group of persons
to ride or operate a skateboard, bicycle, or play vehicle, as defined
in this chapter, on any parking lot owned, leased, or operated by
the Town of Hancock, except in those areas designated as "riding areas"
by the Town of Hancock.
A.
Any bicycle, motor vehicle or play vehicle, as defined herein, found
to be in violation of this chapter shall be impounded by the police
and removed from the public thoroughfares of the Town.
B.
The bicycle, motor vehicle, or play vehicle, as defined herein, that
has been impounded shall be returned to a parent and/or guardian over
the age of 18 after the payment of an impounding fee of $10.
C.
In the event that any bicycles, play vehicles or motor vehicles,
as defined herein, are located or turned into the Police Department
that have been abandoned within the Town of Hancock, the Police Department
shall impound the same if they are unable to locate the true owners
of said bicycle, play vehicle or motor vehicle.
D.
If any of the foregoing impounded bicycles, play vehicles and/or
motor vehicles are not redeemed within 30 days of the impounding of
the same if the owner is not known or within 30 days of the impounding
where the owner is known and has been notified, in writing, of the
impoundment of said bicycle, play vehicle and/or motor vehicle, then
said Police Department shall sell said bicycles, play vehicles, and/or
motor vehicles at a public sale to the highest bidder, after having
been duly advertised by publishing notice of the time and place of
such sale at least once 10 days prior to the sale in some newspaper
published in the county.
A.
Any person violating any provision of this chapter, on conviction
thereof before the court having jurisdiction, shall pay a fine as
follows:
(1)
Any person violating this section may be determined to be guilty
of a violation(s), the fine for which shall be $25. Repeat offenses
of this section occurring within a period of one year from the initial
violation date shall be subject to a fine of $50, or be confined in
the Washington County Detention Center for a period of not more than
30 days, or be both fined and imprisoned at the discretion of the
court.
B.
In addition to the penalties set forth in Subsection A, in the event that any law enforcement agency acting within the jurisdictional limits of the Town of Hancock observes any minor child operating a play vehicle, motor vehicle and/or bicycle in violation of the provisions of this chapter, the law enforcement officer may confiscate the play vehicle, motor vehicle and/or bicycle operated by said minor child and shall return the said play vehicle, motor vehicle, and/or bicycle to the said minor's parent or guardian. The law enforcement officer shall be authorized to confiscate a bicycle, play vehicle and/or motor vehicle as defined by this chapter under the provisions of this chapter whether or not he or she issues a citation for a violation of this section.
C.
In addition to the fines and the penalties described, the Mayor and
Council of the Town of Hancock may avail themselves of any and all
civil equitable remedies for the purposes of stopping continuing offenses
of this chapter.
