[Adopted 9-9-1985 by Ord. No. 142]
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 "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 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.
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:
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.
Within an intersection.
Within 15 feet of a fire hydrant.
On a crosswalk or within 20 feet of a crosswalk at an intersection, except for the purpose of receiving or discharging passengers or merchandise.
Within 25 feet of any beacon, stop sign or traffic control signal located at the side of a roadway.
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.
Within 20 feet of the driveway entrance to any fire department station or within 75 feet of said entrance when signposted.
Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
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.
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.
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.
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]
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.
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]
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.
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.
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.
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]
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.
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.
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.
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]
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.
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.
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.
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]
It shall be unlawful for any person to tamper with or remove the immobilization device without authorization from the Mayor or a police officer.
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.
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]
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.
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.
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.
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.
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.
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.
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]
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.
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.