The following words and phrases, where used in this chapter, shall have the meanings respectively ascribed to them in this section, except when the context otherwise requires:
ABANDONED VEHICLE
A vehicle standing or parked in the public way, which vehicle is either in such a state of disrepair as to be incapable of being driven in its present condition or has not been moved or used for more than seven (7) consecutive days and is apparently deserted.
ALL-TERRAIN VEHICLE
A motor-driven, off-road recreational vehicle that has a saddle or seat for use of the rider, is designated to travel on at least three (3) low-pressure tires, and is not subject to registration requirements under the Maryland Vehicle Law.
AUTHORIZED EMERGENCY VEHICLE
A vehicle of any Police Department, a vehicle of any Fire Department, rescue squad or volunteer fire company or any ambulance.
BICYCLE
Any device propelled by human power upon which any person may ride having two (2) tandem wheels.
CAMPING TRAILER
Any vehicle, originally sold to a consumer by a manufacturer or dealer for recreational purposes, which is self-propelled or capable of being towed by another vehicle and which provides facilities for temporary camping or sleeping, or both, including a unit designed to be carried by an open pickup truck. The term "camping trailer" includes a travel trailer, camper, recreational vehicle, motor home and truck camper.
CARGO VEHICLE OR TRAILER
Any vehicle which is capable of being towed by a passenger or commercial motor vehicle and designed or used to store, haul, or transport merchandise, freight, refuse, or any other thing whether used for private or commercial purposes and all those vehicles which were converted from other uses for such purposes. This term includes nonautomotive vehicles designed to be hauled by road, specifically including boat trailers.
CLASS M (MULTIPURPOSE) VEHICLE
Every multipurpose passenger vehicle when registered as such with the Motor Vehicle Administration of the State of Maryland.
COMMERCIAL TRAILER
Every trailer or semitrailer designed and used for carrying freight or merchandise and every trailer or semitrailer used for carrying freight or merchandise in the furtherance of any commercial enterprise.
COMMERCIAL VEHICLE
Any motor vehicle not qualifying as a passenger vehicle, as hereafter defined, designed or used for carrying freight, merchandise, passengers or tools of a trade for compensation or in furtherance of any commercial enterprise. A commercial vehicle shall include any semitrailer, stake platform truck, crane or tow truck. A passenger vehicle is any motor vehicle licensed by the State of Maryland as a Class A or Class D motor vehicle, or a panel van under three-hundred-cubic-foot load space capacity, and any pickup truck with a capacity of three-quarters (3/4) of a ton or less.
CROSSWALK
Any portion of a roadway distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB
A vertical or sloping member generally along and defining the edge of a roadway.
DRIVER
Every person who drives or is in actual physical control of a vehicle.
HEAVY COMMERCIAL TRUCK
Trucks except light commercial vehicles.
INTERSECTION
The area embraced within the prolongation or connection of the lateral curblines or, if none, then the lateral boundary lines of the roadways of two (2) streets which join one another at, or approximately at, right angles. The junction of a private driveway with a street shall not constitute an "intersection."
LIGHT COMMERCIAL VEHICLES
Includes pickups and panel trucks up to and including those of a three-fourths-ton capacity and Maryland Motor Vehicle Administration registration restricting vehicles to ten thousand (10,000) pounds' gross vehicle weight.
MINIATURE SCOOTER
A motorized or electric two-wheel vehicle that has a saddle or seat for the rider or may be operated while standing and is not subject to registration or licensing requirements under the Maryland Vehicle Law, and includes scooters commonly referred to as "razor scooters" or "go-peds."
MINIATURE MOTORCYCLE
A motorized or electric two-wheel vehicle that has a saddle or seat for the rider and is not subject to registration under the Maryland Vehicle Law, and includes mini-motorcycles commonly referred to as "pocket bikes."
MULTIPURPOSE PASSENGER VEHICLE
A vehicle that is designed primarily for carrying persons which is constructed on a truck chassis or with special features for occasional off-road operations or is of a unique design that does not clearly meet the requirements of any other class of vehicle, as determined by the Motor Vehicle Administration of the State of Maryland.
OFFICIAL TRAFFIC CONTROL DEVICES
All traffic signs, signals, markings and other devices erected or placed on or adjacent to a highway or street in accordance with the provisions of this chapter for the purpose of regulating, warning or guiding traffic.
OFF-ROAD VEHICLE
A vehicle that has been manufactured for off-road use and not subject to registration under the Maryland Vehicle Law, including off-the-road motorcycles, miniatures scooters and all-terrain vehicles.
OFF-THE-ROAD MOTORCYCLES
Shall have the meaning given by Section 25-102.01 of the Transportation Article, Annotated Code of Maryland, and shall mean a motorcycle not otherwise registered under the Transportation Article and includes motorcycles designed for off-the-road operation, motorcycles not otherwise eligible for registration under the Transportation Article, and motorcycles commonly referred to as "dirt bikes." The term "off-the-road motorcycles" shall not include a "moped" as defined in Section 11-134.01 of the Transportation Article, Annotated Code of Maryland.
OVERSIZED VEHICLES
Any motor vehicle which exceeds a manufacturer's gross vehicle weight of seven thousand five hundred (7,500) pounds or vehicles exceeding three hundred (300) cubic feet of load space, including stake platform trucks, dump trucks, crane or tow trucks.
PEDESTRIAN
Any person afoot.
POLICE OFFICER
Any legally sworn officer having jurisdiction and general police powers within the City of New Carrollton, whether as an employee of the City, of Prince George's County or of the State of Maryland.
PUBLIC STREET
The entire width between the boundary lines of every road or thoroughfare within the corporate limits of the City of New Carrollton which has been dedicated to the public use on a legally recorded plat and which is maintained by the City of New Carrollton.
RIGHT-OF-WAY
The right of one (1) vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian.
ROADWAY
That portion of a street improved, designed or ordinarily used for vehicular travel.
SIDEWALK
That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
STAND
To halt a vehicle, with the motor running and the driver behind the wheel ready to move the vehicle, except for the purpose of and while actually engaged in the act of receiving or discharging passengers.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles and other conveyances, either singly or together, while using any public street for purposes of travel.
TRAFFIC LANE
A strip of roadway intended to accommodate the forward movement of a single line of vehicles.
TRUCK
Any vehicle fully or partially powered by an internal-combustion engine or an electric motor, not qualifying as a camping trailer as defined in this section, that is designed or used or maintained primarily to carry property.
TRUCK TRACTOR
The non-cargo-carrying power unit that operates in combination with a semitrailer or trailer.
VEHICLE
Every device in, upon or by which any person or property may be transported or towed on a public street.
WATERCRAFT
Jet skis, personal watercraft, powerboats, inflatable boats, catamarans, sailboats, and pontoon boats. "Watercraft" does not include canoes and kayaks, which are propelled by paddle or oar.
A. 
All provisions of the State of Maryland traffic and vehicle laws currently in effect in the state generally are effective within the City of New Carrollton. In the event that any provision or portion thereof of this chapter is found to be in conflict with the provisions of the state law, the provisions of the state law shall be deemed to be the applicable provisions.
B. 
The provisions of this chapter shall be deemed to be supplemental to state traffic and vehicle laws and shall apply to the operator of any vehicle, and to any pedestrian, traveling on any public street within the City of New Carrollton.
C. 
The provisions of this chapter shall apply to all employees of and to any person operating a vehicle owned by the United States, the State of Maryland and any County, City, Town, district or other political subdivision of the State of Maryland.
D. 
The driver of an authorized emergency vehicle, when responding to an emergency call or when in pursuit of an actual or suspected violator of the law, may operate said vehicle without regard to the specific provisions of the traffic law, but only to the extent deemed necessary, reasonable and prudent as conditions and circumstances warrant and not with reckless disregard for the safety of others. The provisions of this section shall not relieve the driver of an emergency vehicle from the duty to operate said vehicle with regard to the safety of all persons, nor shall such provision protect the driver from the consequences of his reckless regard for the safety of others.
E. 
Notwithstanding anything herein to the contrary, the provisions of this chapter shall only be enforceable on public streets and rights-of-way within the municipal corporate boundaries of the City.
A. 
The City Council, by adoption of this chapter and by amendments thereto, shall determine the necessity for and have the authority with respect to City streets, to designate stop and yield intersections; to designate one-way streets; to restrict and regulate turning movements; to restrict and regulate stopping, standing or parking; and to regulate the speed of vehicles on any public street; provided, however, that the Mayor may order temporary control or regulation of vehicular movement and parking in the event of an emergency situation, or to accommodate street repairs, parades or other special events, whenever such actions are deemed necessary for the safety of the public.
B. 
The Mayor shall be authorized to determine the necessity for and authorize the installation of all other traffic control devices or markings on any public street to regulate, warn or guide vehicular or pedestrian traffic within the City.
C. 
The Public Works Director shall place and maintain official traffic control devices on any public street when and as required by the City Council in accordance with the provisions of this chapter, and he or she shall place and maintain such additional official traffic control devices deemed necessary by the Mayor to regulate, warn or guide traffic on any public street within the City.
D. 
All traffic control devices placed within the City shall conform insofar as practicable to the standards set forth in the current edition of the Manual of Uniform Traffic Control Devices for Streets and Highways, published by the Federal Highway Administration, and exceptions or amendments thereto adopted by the Maryland State Highway Administration. All traffic control devices so placed shall be official traffic control devices.
E. 
The driver of any vehicle shall obey the instructions of any official traffic control device placed in accordance with the provisions of this chapter, unless otherwise directed by a traffic or police officer, subject to the exceptions granted to the driver of an authorized emergency vehicle.
F. 
Whenever official traffic control devices are placed in a position approximately conforming to the requirements of this chapter, such devices shall be presumed to have been so placed by the official act or direction of lawful authority, unless the contrary shall be established by competent evidence. Any official traffic control device placed pursuant to the provisions of this chapter and purporting to conform to the lawful requirements pertaining to such devices shall be presumed to comply with the requirements of this chapter, unless the contrary shall be established by competent evidence.[1]
[1]
Editor’s Note: Former Subsection G, regarding speed enforcement cameras, which immediately followed, was repealed 8-15-2018 by Ord. No. 19-01.
[Added 11-20-2019 by Ord. No. 20-05]
A. 
The purpose of this section is to promote and maintain safe vehicular speeds on residential streets and to enhance the livability of neighborhoods.
B. 
A request for the installation of a traffic-calming device can be made by petition of residents of a street for the installation of a traffic-calming device on that street. The petition shall be signed by at least 60% of the households that are located within 500 feet of the requested installation site and who front the street for which the traffic-calming device is requested.
C. 
Requests for traffic-calming devices shall be submitted to the City Administrative Officer.
D. 
Upon receipt of a request, the City Administrative Officer or their designee shall determine the total number of eligible households residing on the street(s) and shall compute the percentage of households signing the petition. If the percentage is 60% or higher, the City Administrative Officer shall validate the petition and process it. the Administrative Officer shall also inform the Mayor and the City Council of the request.
E. 
The City Administrative Officer shall evaluate the request and make a recommendation to the Mayor. The Mayor shall decide whether to approve or deny the request. Any appeal of the Mayor's decision shall be to the City Council.
F. 
The Director of Public Works is authorized to place, erect and maintain upon a public street of the City such traffic-calming devices as are approved to be installed at the locations designated.
G. 
The Mayor or their designee may establish such regulations and standards as are necessary to accomplish the purpose of this section, which regulations and standards shall govern the installation of traffic-calming devices in the City.
[Added 8-15-2018 by Ord. No. 19-01]
A. 
Definitions.
In this section, the following words have the meanings indicated. Additional terms contained in this section that are defined in the Transportation Article of the Annotated Code of Maryland, Title 21, § 21-809, shall have the meanings ascribed to them therein.
DEPARTMENT
The New Carrollton Police Department.
OWNER
The registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of six (6) months or more, except that "owner" does not include:
(1) 
A motor vehicle rental or leasing company; or
(2) 
A holder of a special registration plate issued under the Transportation Article of the Annotated Code of Maryland, Title 13, Subtitle 9, Part III.
RECORDED IMAGE
An image recorded by a speed monitoring system on a photograph, a microphotograph, an electronic image, a videotape, or any other medium, and showing:
(1) 
The rear of a motor vehicle;
(2) 
At least two time-stamped images of the motor vehicle that include the same stationary object near the motor vehicle: and
(3) 
On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.
SPEED MONITORING SYSTEM
A device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least twelve (12) miles per hour above the posted speed limit.
SPEED MONITORING SYSTEM OPERATOR
A representative of the Department or a contractor that operates a speed monitoring system.
B. 
The City Council, by resolution, following reasonable notice to the public and a public hearing, may establish a school zone on any road under the City's jurisdiction within one-half (1/2) mile of a school and, for any school zone so established, shall set a maximum speed limit, provided that the designation of such school zone and the maximum speed limit set for such zone shall not become effective until the City installs signs designating the school zone and indicating the maximum speed limit applicable in the school zone. In addition, the City may install or erect traffic control devices in the designated school zone, including timed flashing warning lights and including a speed monitoring system as defined in Subsection A of this section.
C. 
Before activating an unmanned stationary speed monitoring system, the City shall:
(1) 
Publish notice of the location of the speed monitoring system on the City's website and in a newspaper of general circulation in the City; and
(2) 
Ensure that each sign that designates a school zone indicates that a speed monitoring system is in use in the school zone.
D. 
A speed monitoring system in a school zone may operate only Monday through Friday between 6:00 a.m. and 8:00 p.m.
E. 
A speed monitoring system operator shall:
(1) 
Complete training by a manufacturer of speed monitoring systems in the procedures for setting up and operating the speed monitoring system.
(2) 
Fill out and sign a daily setup log for a speed monitoring system that states that the speed monitoring system operator successfully performed the manufacturer-specified self-test of the speed monitoring system prior to producing a recorded image.
(3) 
The daily setup log required by Subsection E(2) of this section shall be kept on file and shall be admitted as evidence in any court proceeding for a violation of this section.
F. 
A speed monitoring system manufacturer shall issue a signed certificate to the speed monitoring system operator on completion of the training, which certificate shall be admitted as evidence in any court proceeding for a violation of this section.
G. 
A speed monitoring system shall undergo an annual calibration check performed by an independent calibration laboratory, which shall issue a signed certificate of calibration after the annual calibration check. The certificate of calibration shall be kept on file and shall be admitted as evidence in any court proceeding for a violation of this section.
H. 
Unless a driver of a motor vehicle received a citation from a police officer at the time of a violation, the owner or, in accordance with Subsection K(4) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a speed monitoring system while being operated at least twelve (12) miles per hour above the posted speed limit. The penalty for a violation established by a speed monitoring system under this subsection shall be as set forth in the City's Schedule of Fines and Penalties.
I. 
Mailing of citations and warning notices.
(1) 
Subject to the provisions of Subsection I(2) through (4) of this section, the Department shall mail to an owner liable under Subsection H of this section a citation, upon a form to be prescribed by the District Court of Maryland, that shall include the information required by the Transportation Article of the Annotated Code of Maryland, § 21-809.
(2) 
The Department may mail a warning notice instead of a citation to the owner liable under Subsection H of this section and, for a period of thirty (30) days after the City installs the first speed monitoring system, the Department shall mail only a warning notice and may not issue a citation.
(3) 
Except as provided in Subsection K(4) of this section, the City may not mail a citation to a person who is not an owner.
(4) 
Except as provided in Subsection K(4) of this section, a citation issued under this section shall be mailed no later than two (2) weeks after the alleged violation if the vehicle is registered in this state, and thirty (30) days after the alleged violation if the vehicle is registered in another state.
(5) 
A person who receives a citation under Subsection I(1) of this section may pay the civil penalty, in accordance with instructions on the citation, directly to the City, or elect to stand trial in the District Court for the alleged violation.
J. 
Presence of speed monitoring system operator.
(1) 
A certificate alleging that the violation of this section occurred and satisfying the requirements of the Transportation Article of the Annotated Code of Maryland, § 21-809(e)(1), shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the speed monitoring system operator. If a person who received a citation under Subsection H of this section desires the speed monitoring system operator to be present and testify at trial, the person shall notify the Court and the state, in writing, no later than twenty (20 days before trial.
(2) 
Adjudication of liability shall be based on a preponderance of evidence.
K. 
Defense.
(1) 
Pursuant to the Transportation Article of the Annotated Code of Maryland, § 21-809, the District Court may consider in defense of a violation:
(a) 
Subject to Subsection K(2) of this section, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of violation;
(b) 
Subject to Subsection K(3) of this section, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and
(c) 
Any other issues and evidence that the District Court deems pertinent.
(2) 
To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.
(3) 
To satisfy the evidentiary burden under Subsection K(1)(b) of this section, the person named in the citation shall provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:
(a) 
States that the person named in the citation was not operating the vehicle at the time of the violation; and
(b) 
Includes any other corroborating evidence.
(4) 
Substantiating evidence.
(a) 
If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under Subsection K(3) of this section identifying the person driving the vehicle at the time of the violation, the Clerk of the Court shall provide to the Department a copy of any evidence substantiating who was operating the vehicle at the time of the violation.
(b) 
On receipt of substantiating evidence from the District Court under Subsection K(4) of this section, the Department may issue a citation as provided in Subsection I of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.
(c) 
A citation issued under Subsection K(4) of this section shall be mailed no later than two (2) weeks after the receipt of the evidence from the District Court.
L. 
Pursuant to the Transportation Article of the Annotated Code of Maryland, § 21-108, if a person liable under this section does not pay the civil penalty or contest the violation, the Maryland Motor Vehicle Administration:
(1) 
May refuse to register or reregister the motor vehicle cited for the violation: or
(2) 
May suspend the registration of the motor vehicle cited for the violation.
M. 
Pursuant to the Transportation Article of the Annotated Code of Maryland, § 21-108, a violation for which a civil penalty is imposed under this section:
(1) 
Is not a moving violation for the purpose of assessing points under the Transportation Article of the Annotated Code of Maryland, § 16-402;
(2) 
May not be recorded by the Motor Vehicle Administration on the driving record of the owner or driver of the vehicle;
(3) 
May be treated as a parking violation for purposes of the Transportation Article of the Annotated Code of Maryland, § 26-305; and
(4) 
May not be considered in the provision of motor vehicle insurance coverage.