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:
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.
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.
A vehicle of any Police Department, a vehicle of any Fire
Department, rescue squad or volunteer fire company or any ambulance.
Any device propelled by human power upon which any person
may ride having two (2) tandem wheels.
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.
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.
Every multipurpose passenger vehicle when registered as such
with the Motor Vehicle Administration of the State of Maryland.
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.
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.
Any portion of a roadway distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
A vertical or sloping member generally along and defining
the edge of a roadway.
Every person who drives or is in actual physical control
of a vehicle.
Trucks except light commercial vehicles.
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."
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.
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."
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."
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.
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.
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.
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.
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.
Any person afoot.
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.
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.
The right of one (1) vehicle or pedestrian to proceed in
a lawful manner in preference to another vehicle or pedestrian.
That portion of a street improved, designed or ordinarily
used for vehicular travel.
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.
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.
Pedestrians, ridden or herded animals, vehicles and other
conveyances, either singly or together, while using any public street
for purposes of travel.
A strip of roadway intended to accommodate the forward movement
of a single line of vehicles.
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.
The non-cargo-carrying power unit that operates in combination
with a semitrailer or trailer.
Every device in, upon or by which any person or property
may be transported or towed on a public street.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
The purpose of this section is to promote and maintain safe vehicular
speeds on residential streets and to enhance the livability of neighborhoods.
B.Â
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.Â
Requests for traffic-calming devices shall be submitted to the City
Administrative Officer.
D.Â
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.Â
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.Â
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.Â
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.Â
DEPARTMENT
OWNER
RECORDED IMAGE
(1)Â
(2)Â
(3)Â
SPEED MONITORING SYSTEM
SPEED MONITORING SYSTEM OPERATOR
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.
The New Carrollton Police Department.
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:
An image recorded by a speed monitoring system on a photograph,
a microphotograph, an electronic image, a videotape, or any other
medium, and showing:
The rear of a motor vehicle;
At least two time-stamped images of the motor vehicle that include
the same stationary object near the motor vehicle: and
On at least one image or portion of tape, a clear and legible
identification of the entire registration plate number of the motor
vehicle.
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.
A representative of the Department or a contractor that operates
a speed monitoring system.
B.Â
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.Â
Before activating an unmanned stationary speed monitoring system,
the City shall:
D.Â
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.Â
A speed monitoring system operator shall:
(1)Â
Complete training by a manufacturer of speed monitoring systems in
the procedures for setting up and operating the speed monitoring system.
(2)Â
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.
F.Â
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.Â
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.Â
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.Â
Mailing of citations and warning notices.
(1)Â
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)Â
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)Â
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)Â
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.
J.Â
Presence of speed monitoring system operator.
(1)Â
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)Â
Adjudication of liability shall be based on a preponderance of evidence.
K.Â
Defense.
(1)Â
Pursuant to the Transportation Article of the Annotated Code of Maryland,
§ 21-809, the District Court may consider in defense of
a violation:
(a)Â
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)Â
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)Â
Any other issues and evidence that the District Court deems
pertinent.
(2)Â
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)Â
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:
(4)Â
Substantiating evidence.
(a)Â
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.
L.Â
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:
M.Â
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)Â
Is not a moving violation for the purpose of assessing points under
the Transportation Article of the Annotated Code of Maryland, § 16-402;
(2)Â
May not be recorded by the Motor Vehicle Administration on the driving
record of the owner or driver of the vehicle;
(3)Â
May be treated as a parking violation for purposes of the Transportation
Article of the Annotated Code of Maryland, § 26-305; and
(4)Â
May not be considered in the provision of motor vehicle insurance
coverage.
