As used in this Article, the following terms
shall have the meanings indicated:
GOOD CAUSE
For purposes of §
184-8, demonstration by the resident applicant that:
[Added 12-7-2021 by Ord. No. 21-O-15]
A.
Parking on the street is necessary; and
B.
The location and size of the vehicle will not create any safety
hazard or obstruction for emergency vehicles, motorists or pedestrians.
PARK
The placement of a vehicle which is unattended.
PARKING SPACE
Any space which is duly designated for the parking of a single
vehicle by lines painted or otherwise durably marked on the curb or
on the parking surface.
PUBLIC STREET
The term "public street" shall include all public streets,
avenues, rights-of-way, roads, highways, thoroughfares, lanes and
alleys.
[Added 12-14-2010 by Ord. No. 10-O-09]
RECREATIONAL VEHICLE
A vehicle used for recreational, travel, or vacation purposes,
which is self-propelled and which provides facilities for temporary
camping or sleeping and which exceeds a manufacturer's gross vehicle
weight specification of 3/4 ton. The term "recreational vehicle" also
includes "camper," "motor home," "truck camper," and similar vehicles.
[Added 12-14-2010 by Ord. No. 10-O-09]
STANDING
The halting of a vehicle while attended, other than the brief
stopping in compliance with a traffic control device.
STOP
The momentary cessation of motion.
SUBCOMPACT CAR
Cars so defined by the United States Environmental Protection
Agency.
[Amended 4-24-1984 by Ord. No. 84-O-5]
A. It shall be unlawful for any person to park any automobile
or other vehicle on any of the streets of College Park for a continuous
period of more than 48 hours at any one time, unless an oral or written
permit for the same shall have been obtained from the City Manager.
Such permit shall be issued only for good cause and for a period not
exceeding 14 days, unless a written permit for a longer period shall
have been granted by action of the Mayor and Council, and such permit
shall be granted only for good cause.
[Amended 9-10-1991 by Ord. No. 91-O-22]
B. It shall be unlawful for any person to park any automobile or other vehicles on any off-street parking area owned, leased or otherwise subject to control of the city for a continuous period of more than 18 hours at any one time. Such automobile or vehicle may be immobilized in accordance with the provisions of §
184-16D and/or impounded in accordance with the provisions of §
184-31.
[Amended 3-22-1994 by Ord. No. 93-O-8A]
[Amended 12-11-1979 by Ord. No. 79-O-6; 5-27-1980 by Ord. No. 80-O-6; 11-9-1983 by Ord. No. 83-O-11; 8-14-1991 by Ord. No. 91-O-21; 9-10-1991 by Ord. No. 91-O-22; 12-10-1991 by Ord. No. 91-O-24; 12-14-2010 by Ord. No. 10-O-09; 2-22-2011 by Ord. No. 11-O-01]
A. It shall
be unlawful to park or leave standing, between the hours of 8:00 p.m.
and 6:00 a.m., any recreational vehicle, boat, boat trailer, or any
type of trailer, or any special mobile equipment, as defined in § 11-159
of the Transportation Article of the Annotated Code of Maryland, upon
any public street in a residential zone within the corporate limits
of the City of College Park, unless an oral or written permit for
the same shall have been obtained from the City Manager. Such permit
shall be issued only for good cause and for a period not to exceed
24 hours, unless a written permit for a longer period shall have been
granted by action of the Mayor and Council, and such permit shall
be granted only for good cause.
B. Parking
restrictions for certain vehicles.
(1) Within
the corporate limits of the City, it shall be unlawful to park or
leave standing the following vehicles at any time upon any public
street in a residential zone, and between the hours of 8:00 p.m. and
6:00 a.m. on each day of the week on any other public street:
(a) Any vehicle exceeding 21 feet in length or six feet in width that
is used for commercial purposes;
(b) Any vehicle exceeding a manufacturer's gross vehicle weight specification
of 8,500 pounds and 21 feet in length or six feet in width;
[Amended 12-7-2021 by Ord. No. 21-O-15]
(c) Vehicles exceeding 300 cubic feet of load space and 21 feet in length
or six feet in width, and any stake platform trucks, dump trucks,
crane or tow trucks.
[Amended 12-7-2021 by Ord. No. 21-O-15]
(2) This
subsection shall not apply to vehicles while actually loading or unloading,
or to vehicles which are in the course of a commercial purpose and
do not park for more than a two-hour period.
(3) Permission
to park a prohibited vehicle, or to extend the time for parking, may
be obtained by means of an oral or written permit from the City Manager.
Such permit shall be issued only for good cause and for a period not
to exceed 30 days, unless a written permit for a period not to exceed
two years shall have been granted by action of the Mayor and Council,
and such permit shall be granted only for good cause. Any request
to extend the two-year period for good cause must be approved by the
Mayor and Council.
[Amended 5-25-2021 by Ord. No. 21-O-08; 12-7-2021 by Ord. No. 21-O-15]
(4) An application for permission to park a vehicle prohibited by §
184-8B for more than 30 days, or for any extension, shall first be referred to the Advisory Planning Commission for its recommendation to the Mayor and Council with respect to whether the application should be granted for good cause as defined in this article.
[Added 12-7-2021 by Ord. No. 21-O-15]
(a) A resident shall be entitled to a hearing on the parking request
by the Advisory Planning Commission, subject to submitting supporting
documentation as required. Prior notice of the hearing at which the
Commission intends to consider or take action on a parking request
will be sent to the owner of each residence on the block where the
vehicle could be authorized to park.
(b) Not less than 15 calendar days after receipt of the recommendation
of the Commission regarding a request for permission, a majority of
the Mayor and Council may adopt the recommendation by consent, unless
exceptions thereto have been filed. Failure of the Mayor and Council
to act on a recommendation of the Commission within 30 days of the
receipt thereof shall result in the denial of the request.
(c) Any person of record and/or any Council member may file with the
Mayor and Council, within 15 calendar days after notice of the Commission's
recommendation regarding the parking request, exceptions thereto and
a request to be heard by the Mayor and Council. The City Clerk shall
give at least seven calendar days' notice to the meeting at which
the exception will be considered to all persons of record and the
Commission. After comment by persons of record, the majority of the
Mayor and Council may accept, deny or modify the recommendation of
the Commission or return the parking request to the Commission to
take further testimony or reconsider its recommendation. The Council
shall give its decision at a public meeting.
C. Any vehicle which is parked in violation of this section shall be subject to being towed from such street and impounded after it has been parked for a twenty-four-hour period or in violation of a permit. The impoundment of the vehicle shall be done pursuant to §
184-31 et seq. of this chapter.
[Amended 5-25-2021 by Ord. No. 21-O-08]
D. Any person issued a citation for a violation of this section shall be subject to a fine as set forth in Chapter
110, Fees and Penalties.
[Amended 3-22-1994 by Ord. No. 93-O-8A; 9-9-1997 by Ord. No. 97-O-13]
A. It shall be unlawful for any person to park or stand
an automobile or other vehicle in any area marked by parking or standing
control signs in violation of the instructions on said signs when
such signs have been posted under the authority contained in this
chapter, or to park or stand beside a yellow curb or in a yellow hatch-marked
area so marked under the authority contained in this chapter.
B. The parking of vehicles in violation of loading zone signs which refer to specific times of applicability creates particularly dangerous situations. Accordingly, notwithstanding the provisions of Subsection
A above, it shall be unlawful for any person to park or stand an automobile or other vehicle in violation of a loading zone sign that references a specific time of applicability. The violation of this subsection shall carry a greater penalty than the violation of Subsection
A above.
C. Violations of Subsections
A and
B above shall be parking violations subject to the penalties contained in Chapter
110, Fees and Penalties.
All vehicles on the streets of College Park,
when not in motion, unless specifically directed otherwise by official
signs placed under the authority of this chapter, shall stand or park
parallel to and within 12 inches of the side of the highway or street.
[Amended 9-9-1997 by Ord. No. 97-O-13]
A. It shall be unlawful to park any automobile or other
vehicle in any parking space that is marked to show the limits of
such space so that said vehicle is not entirely within the limits
of said parking space.
B. It shall also be unlawful to park any automobile or
other vehicle in any portion of a parking lot which is not designated
as a parking space.
It shall be unlawful to park any vehicle that
is larger than a subcompact automobile in any space reserved for and
designated for the parking of subcompact automobiles.
[Amended 9-9-1997 by Ord. No. 97-O-13]
It shall be unlawful for any person to stop,
stand or park any vehicle in a space designated for the use of individuals
with disabilities unless the vehicle bears a special registration
plate, a removable windshield placard or a temporary removable windshield
placard issued by the Motor Vehicle Administration, another state,
the District of Columbia or another country. Each 24 hours that a
vehicle remains unlawfully parked in a space reserved for parking
for individuals with disabilities shall constitute a separate violation.
[Added 1-13-1998 by Ord. No. 98-O-23]
It shall be unlawful to park any motor vehicle on the unpaved area of any residential lot, except during a snow emergency. "Unpaved area" shall mean any surface not completely covered by asphalt, brick, block, concrete, gravel, crushed stone or structurally sound porous material. It shall not be necessary to provide a full platform in the surface material under the parked motor vehicle so long as the wheels of the vehicle rest on runners or other surface made of said material. Both city code enforcement officers and parking enforcement officers shall be authorized to enforce this section of the City Code. In the performance of their duties under this section, city enforcement officers are hereby authorized to enter upon private premises in the City of College Park in order to place a parking citation on a vehicle parked in violation hereof if the vehicle is clearly visible from the street. Any restraint or hindrance offered to the entry of a city enforcement officer or the placing of a parking citation on a vehicle by any owner or tenant, or agent of an owner or tenant, is a misdemeanor punishable in accordance with Chapter
110, Fees and Penalties, of the Code of the City of College Park.
[Amended 9-26-1978 by Ord. No. 78-O-8; 10-26-1982 by Ord. No.
82-O-7]
A. It shall be the duty of the police or enforcement officers of the City of College Park to enforce the parking regulations of Article
II of this chapter and to submit to the city a written report of each violation or failure to comply with this chapter stating:
(1) The address or location and circumstances which indicate
that the vehicle has been parked in violation of the provisions of
this chapter.
(2) The make and model of the vehicle.
(3) The state license number of such vehicle.
(4) The date and approximate time of such violation.
(5) Any other facts, a knowledge of which is necessary
for a thorough understanding of the circumstances attending such violation.
B. Notices; payment; service charge.
[Amended 2-28-1989 by Ord. No. 88-O-5; 12-10-1991 by Ord. No.
91-O-24]
(1) The police or enforcement officer making the above-mentioned report shall attach to such vehicle a notice that the vehicle has been parked in violation of the provisions of this chapter and notifying the alleged offender that there is a payment date, which shall be 15 days from the date of issuance, and specifying a fine, as set forth in Chapter
110, Fees and Penalties, if paid by the payment date, which sum shall increase after the payment date, as set forth in Chapter
110, Fees and Penalties, if the alleged offender has not sent timely notice five or more days before the payment date of his/her election to stand trial or to request review by a city Parking Violation Review Officer under §
184-16.1. Conviction in court shall carry a fine as set forth in Chapter
110, Fees and Penalties. This provision is intended to provide an aid as to strict enforcement of this chapter without imposing an undue burden upon offenders and shall be construed as a method of enforcement in addition to and independent of other methods provided by laws and this chapter.
[Amended 3-28-2000 by Ord. No. 00-O-1]
(2) The service charge fee shall be increased as set forth in Chapter
110, Fees and Penalties, and the ticket hereby shall read as follows:
|
"NOTICE: Failure to pay the prescribed fine
as indicated within 30 days or to appear in court may result in your
vehicle registration not being renewed or transferred by the State
Motor Vehicle Administration and in the imposition of a service charge
of $10."
|
C. The City of College Park may cause to be impounded, subject to the provisions of Article
V, any automobile or other vehicle parked in violation of the provisions of this Article. Said impounded automobile or other vehicle shall be removed from the site of violation and stored.
D. A vehicle may be immobilized/booted, by placing on one or more of its wheels a device commonly known as a "boot," by the Public Services Department when it meets the requirements of §
184-31A(4) or §
184-7B. Such vehicle shall then be impounded by a licensed towing operator in Prince George's County in accordance with the provisions of §
184-32. When a vehicle is immobilized, notification of the action shall be plainly displayed on the driver's side of the windshield. Immobilization shall carry an immobilization fee as set forth in Chapter
110 of this Code. In the event the owner is able to timely pay all unsatisfied city parking violation citations, as that term is used in §
184-31A(4), prior to impoundment of the immobilized vehicle, and to secure the timely assistance of the Public Services Department, the vehicle shall be released to the owner upon the additional payment to the city of the immobilization fee set forth in Chapter
110. It shall be unlawful and a violation of the provisions of this chapter for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any immobilization device emplaced or installed under the provisions of this chapter. Offenders shall be subject to the fines and penalties provisions of §
184-22.
[Added 3-22-1994 by Ord. No. 93-O-8A]
[Added 3-28-2000 by Ord. No. 00-O-1]
A. Request for review. Upon receipt of a parking violation
notice, the alleged offender may, prior to payment or election to
stand trial, request a parking violation resolution review upon timely
notice to the city five or more days before the payment date. If a
review election is made, a review will be held within thirty days
of the request before a city Parking Violation Review Officer. The
alleged offender may appear at the review in person or by written
submission. A timely request for review will automatically extend
the time for payment or election to stand trial until a date subsequent
to the review.
B. Review Procedure. There shall be a Parking Violation Review Officer, who shall be appointed by the Mayor and Council, and who shall have the authority to conduct the parking violation resolution review pursuant to procedures adopted by the Mayor and Council, to receive evidence and to issue a recommendation thereon. As part of the review process, the Parking Violation Review Officer shall have the discretion to recommend a fine that is less than that set out in Chapter
110 of the College Park Code. At the time the recommendation is issued, the alleged offender shall have until the date set by the Review Officer to either pay the recommended amount or to request a trial. If the alleged offender pays and satisfies the recommended fine, the city will take no further action. If the alleged offender timely requests a trial, the request will be transmitted to the court forthwith.