[Amended 2-17-2009 by
HO-2009-05; 2-17-2009 by HO- 2009-05]
A.
Except as otherwise provided in this chapter, it shall be unlawful
for any person willfully to hinder or obstruct the free passage of
any person, vehicle or conveyance of any description along or upon
any of the streets, sidewalks, alleys or public passageways in the
City by placing any obstruction thereon which provides a hindrance
to the free passage of any such person, vehicle or conveyance along
or upon the same.
B.
Each person owning or occupying a lot or part of a lot fronting or
abutting on a public right-of-way with a paved sidewalk, shall keep
the sidewalk unobstructed to allow free and safe passage, by removing
snow, ice, weeds, brush, grass, vegetation, trash, debris and obstructions
from the sidewalk.
[Amended 11-19-2012 by
HO-204-11-12]
It shall be the duty of every person in charge or control of
any building or parcel of land located in the City fronting or abutting
on a paved public sidewalk, whether as owner, tenant, occupant or
otherwise, within 24 hours after the ceasing to fall of any snow or
sleet, to remove and clear away or cause to be removed and cleared
away such snow or sleet from so much of such public sidewalk as is
in front of or abuts on said building or lot of land. It shall be
unlawful to fail, neglect or refuse to comply with this section. The
Head of Code Compliance after consultation with the City Administrator
and Public Works Director shall have the discretion to extend the
time period for clearing public sidewalks based reasonably on the
conditions and amount of snow accumulated. It shall be the policy
of the City to encourage voluntary compliance to this subsection when
feasible.
[Amended 3-3-1980 by
HB No. 9-80]
No hedge bordering upon any public sidewalk or path in the City
shall be more than four feet in height. No hedge bordering upon any
such sidewalk or path shall encroach upon or project over the same.
[Added 11-1-1971; amended 3-3-1980 by HB No. 9-80; 2-17-2009 by HO-2009-05]
A.
It shall be the duty of every person in charge or control of any
building or parcel of land, any part of which fronts, abuts or is
located in, on, or under a public sidewalk or a public right-of-way,
(abutting area) whether as owner, tenant, occupant or otherwise, to
keep that part of the abutting area which is in the public right-of-way,
including the area between the paved sidewalk and any street or alley,
free of trash, debris, plant growth (except as provided herein) and
obstructions to free passage of pedestrians over the area.
B.
Grass (Less than eight inch tall), City-approved trees and any vegetation
conforming to the requirements immediately below, shall be allowed
in the abutting area.
C.
Any vegetation (other than grass) in the abutting area must be less than 19 inch's tall (measured from the ground), must not have roots that damage the public infrastructure, must be actively maintained and cultivated, must cover no more than 25% of the abutting area, and must conform to this article I as well as to Section 65-25 of this Code.
D.
In the areas between the sidewalk and any street or alley no infrastructure,
fence or impervious surface is allowed except a permitted driveway
or a connection less than 42 inches wide between the sidewalk and
the curb.
E.
It shall be unlawful to fail, neglect or refuse to comply with this
section.
Every person having charge of any building operations, either
as owner or contractor, shall remove or cause to be removed, at the
expiration of each working day, from the sidewalks, gutters and roadways
adjacent to such building operations all earth, sand, gravel, dirt,
mortar, stones, broken bricks, shavings, rubbish and all other litter
that may have been deposited or accumulated thereon as a result of
such building operations.
It shall be unlawful for any person being the owner or tenant
of property to permit any gate on such property to swing outward on
any public road, sidewalk or public passageway in the City.
[Amended 3-3-1980 by
HB No. 9-80]
No sign or board shall project over any sidewalk without permission
from the City Council.
[Amended 3-3-1980 by
HB No. 9-80]
No flag, banner or any other manner of display shall be stretched
across any of the streets of the City without permission from the
City Council.
It shall be unlawful for any person to place or cause to be
placed any earth, ashes, gravel or other substance upon the improved
driveways, pavements, streets or alleys in the City, unless he shall
first have obtained a permit therefor from the Director of the Department
of Public Works.
[Amended 3-3-1980 by
HB No. 9-80]
It shall be unlawful for any person to erect or maintain any
building or obstruction in or upon any street or alley in the City.
It shall be unlawful for any contractor or any employees of
any contractor or any other person to use the streets or sidewalks
in the City to store or place materials thereon without a permit from
the Director of the Department of Public Works for the right to use
the street or sidewalk in such manner.
Any person using a street or sidewalk in the City to store or place materials, pursuant to a permit as required in § 105-11, shall exhibit or display one or more red lanterns, as necessary, at night placed thereon in such manner as to warn the public of the obstruction of the street or sidewalk and so as to show distinctly the unobstructed passageway remaining in the street or sidewalk.
It shall be unlawful for any person to use the parking between
curb and sidewalk or the sidewalks of the City for business purposes
or to place material for business purposes thereon, unless he shall
first have secured a permit therefor from the Mayor. The Mayor is
hereby authorized to grant permits for the temporary use of sidewalks
and parkings on the streets and avenues of the City for business purposes.
All applications for such permits shall state the character of material
to be placed thereon.
It shall be unlawful for any person to place or paint upon any
sidewalk in any manner whatever any letters or advertising device.
It shall be unlawful for any person to extinguish or obstruct
the light in any streetlight without permission from the City Council.
It shall be unlawful for any unauthorized person to break, destroy
or in any way injure any sidewalk, curb, gutter or footway or roadway
in any of the streets or other public places of the City.
The public easement in the bed of Baltimore Avenue, to the full
extent of the title thereto which is vested in the City Council, is
hereby granted to the State of Maryland in order that Baltimore Avenue
may be included by the State Highway Administration in the public
highway for construction; and the City Council does hereby relinquish
to the state jurisdiction and control over Baltimore Avenue as a public
highway to the extent provided in the Acts of the General Assembly
of Maryland so that such jurisdiction and control may be exercised
hereafter by the State Highway Administration or by any other official
or officials, agent or agents of the state who may be assigned thereto;
provided, however, that nothing herein shall be construed to deprive
the City Council of police power over Baltimore Avenue or to prevent
such work upon, over or under the same or control over the same as
may be necessary in the course of public improvements or in the maintenance
of public utilities now or hereafter owned or operated by the City
Council, but any such openings of said road shall be closed and repaired
within a reasonable time under the supervision of, in the manner prescribed
by and to the satisfaction of the state Highway Administration and
at the expense of the City Council. Nothing herein contained shall
be taken or construed to deprive the City Council of its power and
authority to construct sidewalks on Baltimore Avenue and to assess
the cost thereof upon abutting property as now or hereafter provided
by law.
It shall be unlawful for any person to ride a bicycle upon any
sidewalk in the City; provided, however, that this shall not be construed
to apply to small children's toy velocipedes or other light toy vehicles.
[Amended 12-19-1983 by
HB No. 15-83]
It shall be unlawful for any person to drive or to cause or
permit to be driven any vehicle across any sidewalk in the City unless
a written permit therefor shall first have been obtained from the
City Clerk acting upon authorization of the Director of the Department
of Public Works, and subject to such terms and conditions as may be
imposed for securing the City against any damage done to such sidewalk
or for the replacement of such sidewalk.
[Amended 12-19-1983 by
HB No. 15-83]
No vehicle with cleats or cleated wheels shall be driven or
operated over any of the streets of the City without express permission
of the Director of the Department of Public Works.
No person traveling on any bicycle, motorcycle, scooter, sled,
toy wagon, roller skates or any toy vehicle shall cling to or attach
himself or his bicycle, motorcycle, scooter, sled, toy wagon, roller
skates or any toy vehicle to any other moving vehicle upon any of
the streets or upon any roadway within the City.
[Added 2-3-1986 by HB
No. 1-86]
A.
Authorization. The City Council may, upon recommendation of the City
Administrator, authorize the closing of any improved road under the
jurisdiction of the City.
B.
Procedures.
(1)
Where the closing of a road is in connection with the construction
of a new road and users of the road or portion of road to be closed
will not be denied access to any property or area which was previously
accessible, the City Council may authorize the closing upon the certification
of such facts by the City Administrator.
(2)
Where the closing of a road will deny access to public users
to areas or properties accessible from the road to be closed or will
take from an abutting property owner the only direct access to a public
road, the City Council shall first hold a public hearing. The purpose
of the hearing shall be to take testimony to determine that reasonable
or alternative means of access exists to property formerly accessible
by the road to be closed and that the road is no longer needed as
a public way. Each property owner as shown on the assessment books
of the City abutting a portion of the road to be closed shall be notified
in writing of the closing and of the date, time and place a hearing
will be held. In addition, a notice shall be posted in such manner
and size to give reasonable notice to the users of the road of the
intended closing and date, time and place of hearing.
C.
Effect of closing. A closing of a road shall constitute the termination
of the general public's right to use the right-of-way but shall have
no effect on private rights of ownership or easements in the roadway.
D.
Barricades. Upon a closing of the road, the Department of Public
Works may barricade the road in such a manner as not to deny individual
property rights.
[Added 2-3-1986 by HB
No. 2-86]
A.
Authorization. The City Council may, upon recommendation of the City
Administrator, authorize the abandonment of any unimproved road that
is not a part of any recorded plat of subdivision.
B.
Procedures.
(1)
A petition for the vacation of the unimproved roadway shall
be filed with the City Administrator. A copy of the plat of abandonment
shall be attached to the petition as well as written evidence that
all owners of abutting properties have been notified.
(2)
Generally, the City Council shall not vacate any subdivision
which has dedicated rights-of-way to public use or dedicated rights-of-way
or easements for any public utility, storm drainage course, floodplain
or public access roadway until:
(a)
The petitioner seeks the consents of the Washington Suburban
Sanitary Commission and the City Department of Public Works.
(b)
The petitioner notifies each public utility, in writing, which
is franchised to provide services within the area of the vacation,
of the petition and provide 30 calendar days to comment.
(c)
If any of the agencies or utilities have rights in any area
proposed to be vacated have attached conditions to its consent, said
conditions shall be incorporated into the vacation petition.
(d)
In any case where any agency or utility having rights in any
area proposed to be vacated objects to the vacation petition, the
City Council shall find that a specific public benefit will not be
annulled if the petition is granted.
(3)
The petition may be approved by the City Council, after posting
notice on the property at least 30 days prior to approval.
C.
Effect. The approval of the petition by the City Council shall divest
all public rights in the subject right-of-way.
D.
Unimproved platted roadways. In order to abandon an unimproved roadway
that has been platted by a recorded subdivision, the City Council
shall follow such procedures as set forth in the Subdivision Subtitle
of the Prince George's County Code.
It shall be unlawful for any person to drive any vehicle on
any public street where a barrier, sign or authorized person indicates
that the street in question is closed.
It shall be unlawful for any person to stand in the public highway
or in any street or alley in the City for the purpose of soliciting
a ride or passage from the driver of any private vehicle.
It shall be unlawful for any person to operate a motor vehicle
over any street in the City in an intentionally improper manner so
as to cause skidding, spinning of wheels or excessive noise upon the
highway.
