[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 3-31-1992 by Ord. No. 1992-22[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 57,
Bicycles, adopted 2-4-1974, as amended.
For the purpose of this chapter, the terms used
herein are defined as follows:
A vehicle that is designed to be operated by human power,
has two or three wheels, of which one is more than 14 inches in diameter,
and has a wheel configuration as follows: If the bicycle has two wheels,
with both wheels in tandem, or if the vehicle has three wheels, with
one front wheel and with two rear wheels that are spaced equal distant
from the center of the bicycle, or a vehicle that is otherwise considered
a bicycle under the Transportation Article of the Annotated Code of
Maryland.
Any portion of a roadway or shoulder designated for single
directional bicycle flow.
Minibikes, motorbikes, motor scooters, go-carts and other
mechanically propelled vehicles of a similar nature.
Skateboards, roller skates, soap box vehicles and other similar
devices. Play vehicles shall not include tricycles and/or other three-or-more-wheeled
toys commonly used by small children under the supervision of an adult,
parent or other responsible person unless specified herein.
Any part of a highway, street, road or alley that is improved,
designed or ordinarily used for motor vehicle travel other than the
shoulder or designated bike path.
[Amended 7-23-2013 by Ord. No. O-13-20]
The rider or operator of a bicycle or play vehicle, as defined
herein, shall have said vehicle under proper control and shall not
operate or propel the bicycle or play vehicle on any streets of the
City or upon any City-owned property, of whatsoever nature or kind,
wherever located, including but not limited to parking lots and public
sidewalks of the City, recklessly or at a rate of speed greater than
is reasonable and proper so as to endanger the person and/or the property
of any person. All operators of bicycles or play vehicles shall at
all times comply with all other traffic regulations in force in the
City of Hagerstown and pursuant to the traffic regulations for the
State of Maryland.
[1]
Editor’s Note: Former § 57-3, Riding in parking
lots and sidewalks prohibited, as amended, was repealed 7-23-2013
by Ord. No. O-13-20.
[Amended 8-24-1999 by Ord. No. 1999-39]
It shall be unlawful for any person, operator
or group of persons except for a law enforcement officer and emergency
services personnel acting in the performance of his duties to ride
or operate a bicycle, motor vehicle or play vehicle, as defined in
this chapter, in any park or playground owned, operated and/or maintained
by the City of Hagerstown, except in those areas designated as "riding
areas" or except in such areas as are public ways or public highways
or roads and commonly used in said park or playground areas.
A.
Any bicycle, motor vehicle or play vehicle, as defined
herein, found to be in violation of this chapter shall be impounded
by the Police Department and removed from the public thoroughfares
of the City.
B.
In the event that any bicycles, play vehicles or motor
vehicles, as defined herein, are located or turned into the Police
Department that have been abandoned within the City of Hagerstown,
the Police Department shall impound the same if they are unable to
locate the true owners of said bicycle, play vehicle or motor vehicle.
C.
If any of the foregoing impounded bicycles, play vehicles
and/or motor vehicles are not redeemed within 30 days from the impounding
of the same if the owner is not known or within 30 days of the impounding
where the owner is known and has been notified in writing of the impoundment
of said bicycle, play vehicle and/or motor vehicle then said Police
Department, in compliance with the rules and regulations promulgated
by the Chief of Police, who is the chief administrative officer in
charge of this program, shall sell said bicycles, play vehicles and/or
motor vehicles at a public sale to the highest bidder, after having
been duly advertised by publishing notice of the time and place of
such sale at least once 10 days prior to the sale in some newspaper
published in the City.
A.
Any person found guilty by the court of violating
any provision of this chapter shall be guilty of a municipal infraction
and may be ordered by the court to pay a fine of not less than $25
nor more than $1,000.
[Amended 8-24-1999 by Ord. No. 1999-39]
B.
In addition to the penalties set forth in Subsection A in the event that any law enforcement officer acting within the jurisdictional limits of the City of Hagerstown observes any minor child operating a play vehicle, motor vehicle and/or bicycle in violation of the provisions of this chapter, the law enforcement officer may confiscate the play vehicle, motor vehicle and/or bicycle operated by said minor child and shall return said play vehicle, motor vehicle and/or bicycle to said minor's parent or guardian. The law enforcement officer shall be authorized to confiscate a bicycle, play vehicle and/or motor vehicle as defined by this chapter under the provisions of this chapter whether or not he or she issues a citation for a violation of this section.
C.
In addition to the fines and the penalties herein
described, the Mayor and Council of the City of Hagerstown may avail
themselves of any and all civil and equitable remedies for the purposes
of stopping continuing offenses of this chapter.
