[Adopted 9-9-1985 by Ord. No. 142]
[Amended 7-11-2022 by Ord. No. 2022-20]
Whenever, in the judgment of the Council, it
is necessary for the safety or control of vehicular or pedestrian
traffic or for the regulation of the use of parking areas, the Town
may erect or cause to be erected "delineators," "traffic calming devices,"
"stop," "no-parking," "speed" "one-way" and other traffic control
and parking restriction signs designated to control, regulate, warn
or guide traffic or limit parking on public streets, highways or other
areas in the Town. It shall be the duty of all persons to observe
such signs, and failure to obey, or to cause damage or to destroy,
any such sign shall constitute a municipal infraction. Nothing herein
contained shall be deemed to constitute a repeal of the authority
herebefore granted by the Mayor and Council of Mount Airy for the
erection of traffic control and parking restriction signs, and a failure
to observe any such signs herebefore erected shall be subject to the
same penalties as set forth hereafter.
A.
No person shall stop, stand or park a vehicle, except
when necessary to avoid conflict with other traffic or in compliance
with the direction of a police officer or traffic control device,
in any of the following places:
(1)
On sidewalks.
(2)
In front of a public driveway or alley or in front
of a private driveway, except with the consent of the owner or occupant
of the premises.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk or within 20 feet of a crosswalk at
an intersection, except for the purpose of receiving or discharging
passengers or merchandise.
(6)
Within 25 feet of any beacon, stop sign or traffic
control signal located at the side of a roadway.
(7)
Between a safety zone and the adjacent curb or within
30 feet of points on the curb immediately opposite the ends of a safety
zone, except for the period necessary to take on or discharge passengers,
freight or merchandise.
(8)
Within 20 feet of the driveway entrance to any fire
department station or within 75 feet of said entrance when signposted.
(9)
Alongside or opposite any street excavation or obstruction
when such stopping, standing or parking would obstruct traffic.
(10)
On the roadway side of any vehicle stopped or
parked at the edge or curb of a street, except for the purpose of
receiving or discharging passengers or merchandise.
(11)
At any place where an official sign or painted
curb of the State Highway Administration or the Town of Mount Airy
prohibits stopping, parking or standing, and wherever a curb is painted
red or yellow, there shall be no parking, standing or stopping parallel
to said painted curb.
(12)
On curves, at the brow of a hill, where the
State Highway Administration or the Town of Mount Airy has painted
white lines on the surface of the roads.
(13)
During the hours of 9:00 a.m. to 5:00 p.m.,
Monday through Saturday, within five feet of any mailbox located at
the side of the roadway and intended for delivery of mail through
the U.S. Postal Service. Citations for violations of this subsection
shall be issued only after receipt of a complaint.
[Added 9-3-2002 by Ord. No. 2002-17]
B.
No person shall stop, stand or park a vehicle designed
or used for carrying freight or merchandise, in front of, alongside
of or in the rear of any private dwelling, except when actually unloading
merchandise, or when the operator or owner of such vehicle is actually
engaged in rendering a service at or to such premises.
C.
At any place on public or private property, including
shopping centers, wherever a curb is painted red or yellow, there
shall be no parking, standing or stopping parallel to said painted
curb. Town officials or staff, including enforcement officers who
are otherwise authorized to issue a citation, impound the vehicle,
remove the vehicle, or take such other action as may be permitted
under this chapter or this Code to enforce this provision.
[Added 9-3-2002 by Ord. No. 2002-17]
D.
It shall be unlawful for any vehicle to remain parked
in any block, parking area or zone beyond the posted time limit of
that block, area or zone. The movement of any vehicle from one parking
space to another within the same time zone within the same block,
after such time has elapsed, does not extend the allowable time a
vehicle may remain parked in that same block.
[Added 7-11-2005 by Ord. No. 2005-8]
[Added 6-3-1996 by Ord. No. 1996-6]
No person shall stop, stand or park any vehicle
in front of the properties on the westerly side of Park Ridge Drive
known as "Nos. 1002 through 1108" or in front of the properties on
the northerly side of Leafy Hollow Circle known as "Nos. 1109 through
1117"; provided, however, that this subsection shall not apply to
stopping, standing or parking of vehicles along those portions of
Park Ridge Drive and Leafy Hollow Circle which are opposite the addresses
set forth above.
It shall be unlawful to park, store or leave
any vehicle of any kind, whether attended or not, or for the owner
of any vehicle of any kind to allow, permit or suffer the same to
be parked, stored or left, whether attended or not, upon any public
or private property in the Town of Mount Airy, other than public highways,
without the consent of the owner of such public or private property,
and the Mayor and Council and its designated agent or agents are authorized
to remove and impound any vehicle parked, stored or left in violation
of this section and to keep the same impounded until the owner thereof,
or other duly authorized person, shall have paid to the Town of Mount
Airy an amount equal to the towage and any and all reasonable storage
charges incurred by the Town in impounding said vehicle. In any prosecution
under this article, proof that a vehicle was parked, stored or left
on public or private property shall be prima facie evidence that the
vehicle was so parked, stored or left without the consent of the owner
of such public or private property.
No motor vehicle, truck or tractor shall be
operated upon any highway or street in the Town at a greater speed
than 25 miles per hour, except on such streets and highways as may
be covered by regulations and the placing of signs indicating a different
speed limit.
A.
All vehicles shall be driven and parked on the right-hand
side of the street, unless a street or avenue is designated by a sign
to be for one-way traffic. At any time it shall become necessary,
the Council may mark and designate areas which may become congested,
banning parking altogether if necessary. No automobile or other vehicle
shall stop in any street, avenue or highway in such manner as to hinder
or delay traffic or passage, and the Police Department is empowered
to enforce this provision by impounding said vehicle.
B.
The Council shall designate from time to time such
streets as shall contribute to the safe movement of traffic within
the Town as boulevards and may post intersecting streets with appropriate
stop signs so placed as to be readily visible to the motoring public,
and all traffic entering boulevards so designated shall come to a
complete stop before so doing.
It shall be unlawful for any individual or firm
to park any automobile, truck, motorcycle or any vehicle of any description
on any street, avenue or alley within the corporate limits of Mount
Airy, Maryland, alongside of any other truck or motorcycle, which
is parked parallel along the curb, except only long enough to take
on or discharge passengers or freight.
On streets so designated, the Council shall
mark parking spaces, on the curb or pavement, or by other appropriate
means, and in each space so marked, shall erect or cause to be erected
a parking meter, upon which the deposit of a coin or combination of
coins of the United States indicated on the parking meter which will
entitle the party parking his car for a limited time as is indicated
on the parking meter, and the time when such period has elapsed.
If any vehicle shall remain parked in any metered
parking space for such length of time that the period has expired,
such vehicle shall be considered as parking overtime, and the parking
of a vehicle overtime shall be a violation of this article.
It shall be unlawful to park any vehicle across
any line or marking designating a parking space or to park said vehicle
in any way that the same shall not be wholly within a parking space
as designated by said lines or markings.
It shall be unlawful to deposit or cause to
be deposited in any parking meter a slug, device or metallic substitute
for a coin of the United States.
It shall be unlawful for any person to deface,
tamper with, damage, open or willfully break, destroy or impair the
usefulness of any parking meter installed under the terms of this
article.
A.
Whenever a Town official, police officer or code enforcement
officer finds that there exists on any private property within the
Town any trees, bushes, vines, weeds, undergrowth, loose earth, parked
vehicles, motor coaches, boats, campers, trailers or other obstructions,
except buildings and similar structures, and if it further finds that
the same do obstruct the vision of operators of vehicles traveling
upon any public street, road or highway so as to constitute a traffic
hazard, it shall immediately, upon finding such condition, serve upon
the owner, agent, lessee or any other person having supervision over
such property a written notice describing the premises whereon such
obstruction exists, a statement of the particulars in which the vision
of operators of vehicles is obstructed, including the steps necessary
to correct such conditions, and an order directing that such corrective
steps be taken within a stated period of time.
[Amended 1-3-2005 by Ord. No. 2005-1]
B.
Any person who considers himself aggrieved by any
order issued pursuant to the authority of this article may, within
10 days of the receipt of such order, petition the Mayor in writing
for a hearing thereon. Within 30 days from the receipt of such petition,
the Council shall hold such a hearing after which it may either affirm,
modify or rescind the order. No official of the Town shall remove
any obstruction or enforce any order issued hereunder until after
such hearing by the Council has been held or until after the time
to petition for such hearing has expired, without such a petition
having been filed.
C.
Upon the failure of any person to comply with the
provisions of any order issued hereunder, within the time specified
therein, the Council shall direct Town forces to enter upon the property
whereon the obstruction is located and remove all or such part of
the obstruction as may be necessary to eliminate the traffic hazard.
D.
All orders and notices issued by the Town or any Town
official, pursuant to the authority of this article, shall be served
on the person to whom they are directed either by certified mail or
by personal delivery to such person. If such person is not known to
reside and cannot be found in the Town, such service shall be made
by publication of such order or notice once in a newspaper of general
circulation in the Town and by posting the same on the premises in
a conspicuous manner. Service by publication and posting shall be
deemed to be made on the day of publication or posting.
E.
Whenever it is necessary for the Town to provide for
the removal or elimination of any type of obstruction referred to
herein pursuant to the procedures prescribed above, it shall file
with the Town Treasurer a certified statement of the cost to the Town
of such removal or elimination, together with proof of service of
the notice above described. The cost of such removal, together with
the cost of publication, shall therefrom and thereafter constitute
a charge against the owner of such property and may be recovered by
the Town by appropriate legal action.
[Added 7-3-1995 by Ord. No. 1995-5]
A.
When any unattended motor vehicle is found parked
at any time upon any street of the Town of Mount Airy against which
there are three or more unsatisfied citations for parking violations
and when a period of 30 days or more has elapsed since issuance of
the third unsatisfied citation, the Town may cause such vehicle, either
by towing or otherwise, to be removed or conveyed to and impounded
in any place designated by the Mayor or immobilized in such a manner
as to prevent its operation, except that no such vehicle shall be
immobilized by any means other than by the use of a device or other
mechanism which will cause no damage to such vehicle unless said vehicle
is moved while such device or mechanism is in place.
B.
In any case involving immobilization pursuant to this
section, the Town shall cause to be placed on such vehicle in a conspicuous
manner notice sufficient to warn any individual to the effect that
such vehicle has been immobilized and that any attempt to move such
vehicle might result in damage to such vehicle. Said notice shall
further advise the owner or operator that the vehicle has been immobilized
by the Town for failure to satisfy citations for parking violations;
that the owner has the right to contest the immobilization by submitting
a written request to the Mayor within 10 days from the date of the
immobilization or said right shall be deemed to have been waived;
and that release of the vehicle may be obtained upon payment of the
booting fee and other amounts specified in this section.
C.
The owner of an immobilized vehicle shall be permitted
to secure release of the vehicle upon payment of a booting fee of
$50 and all charges which have accrued thereon by virtue of its immobilization,
together with any unpaid fines and administrative expenses.
D.
The owner of an impounded vehicle shall be permitted
to secure release of the vehicle upon payment of the costs of the
removal, towing, impoundment and storage of said vehicle, together
with any unpaid fines and administrative expenses, prior to the release
of the vehicle.
[Added 7-3-1995 by Ord. No. 1995-5]
A.
It shall be unlawful for any person to tamper with
or remove the immobilization device without authorization from the
Mayor or a police officer.
B.
It shall be unlawful for any person other than the
owner or operator or a person authorized by either of them to remove
the warning notice regarding immobilization.
C.
Any violation of any subsection hereof is declared
to be a municipal infraction. The penalty for violation shall be a
fine of $100 for each offense.
[Added 7-3-1995 by Ord. No. 1995-5]
A.
Unless the owner of a vehicle impounded or immobilized under the provisions of § 105-20.1 appears to secure a release of the vehicle within 24 hours after the vehicle has been immobilized, said owner shall be given written notice by certified mail within 48 hours after the vehicle has been impounded or immobilized by the Town that said owner has the right to contest the validity of the impoundment or immobilization at a hearing, which will be held within 72 hours, excluding Saturdays, Sundays and holidays, from the submission of a written request for a hearing. Such notice shall be mailed to the owner's address as it is on file with the Motor Vehicle Administration.
B.
The notice shall further advise that said owner's
right to a hearing shall be deemed to have been waived if said owner
fails to make a written request for a hearing within 10 days from
the receipt of the certified mail notice sent to said owner or if
said owner executes a written waiver when releasing the impounded
or immobilized vehicle.
C.
Requests for a hearing contesting the validity of
an impoundment or immobilization shall be referred to a hearing officer
appointed by the Mayor. Said hearing officer shall conduct the hearing
pursuant to procedures to be established by regulations promulgated
by the Mayor. The hearing officer shall consider such facts and circumstances
as the officer deems necessary in making a determination as to the
validity of the impoundment or immobilization. The determination of
the hearing officer shall be final. It shall have no bearing on the
fine, penalty or charges which might be imposed by the District Court
of Maryland for municipal infractions.
D.
If the hearing officer determines that a vehicle should
not have been impounded, the owner shall not be required to pay the
impoundment costs imposed therefor, or, if they have been paid, a
refund shall be made to the owner who made said payment. The hearing
officer shall have no authority to modify any fines or administrative
charges.
E.
If the hearing officer determines that a vehicle should
not have been immobilized, the owner shall not be required to pay
the booting fee and all charges which have accrued by virtue of the
vehicle immobilization, or, if said fees have been paid, a refund
shall be made to the owner who made said payment. The hearing officer
shall have no authority to modify any fines or administrative charges.
F.
If, following trial in the District Court of Maryland
or other tribunal, a decision is entered in favor of the owner upon
all of the parking violations charged against the vehicle immobilized
or impounded, notwithstanding the ruling of the hearing officer with
respect to the immobilization or impoundment of the vehicle, all charges
advanced or having accrued upon the vehicle by virtue of its immobilization
or impoundment shall be returned to the person who advanced such sums
upon presentation of the official receipt issued at the time said
vehicle was released.
A.
Any authorized Town official, police officer or code
enforcement officer shall deliver a municipal infraction citation
to any person adjudged to have violated any of the above provisions.
Citation forms shall be furnished by the Town, and the matter shall
proceed as provided for in Article 23A, Section 3, of the Annotated
Code of Maryland as now in force or hereafter amended.
[Amended 1-3-2005 by Ord. No. 2005-1]
B.
If a vehicle is parked in violation of the provisions
herein contained and the vehicle is unattended, the officer may attach
the citation to the vehicle in a conspicuous place. In the absence
of the driver, the registered owner(s) of the vehicle shall be presumed
to be the person(s) receiving the citation.[1]
[1]
Editor's Note: Former Subsection C, which
provided the amount of the fine assessed and immediately followed
this subsection, was repealed 9-14-1987 by Ord. No. 1987-11.
