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.
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.
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.
[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.
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.
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.