A.
Words and phrases, when used in this chapter, shall
have the meanings ascribed to them in the Maryland Vehicle Law (Titles
11 through 27 of the Transportation Article of the Annotated Code
of Maryland), as now in force or as hereafter amended, enacted or
reenacted, except where the context clearly indicates a different
meaning.
B.
The term "holidays," as used in this chapter, shall
mean and include the following: New Year's Day, Washington's Birthday,
Good Friday, Memorial Day, Independence Day, Labor Day, Columbus Day,
Veterans Day, Thanksgiving Day and Christmas Day.
C.
The provisions of this chapter, insofar as they are
the same as those of ordinances and regulations in force immediately
prior to the enactment of this chapter, are intended as a continuation
of such ordinances and regulations and not as new enactments.
A.
Authority of Mayor and Council.
(1)
The Mayor and Council of the City, except as otherwise
directed by this chapter, resolution or ordinance, shall have the
power and is hereby authorized to regulate the operation and parking
of vehicles within the corporate limits of the City by the erection
or placing of proper signs or markers indicating prohibited or limited
parking, restricted speed areas, one-way streets, through or arterial
streets, stop streets, U-turns, play zones, quiet zones and other
signs or markers indicating the place and manner of operating or parking
vehicles within the corporate limits of the City. The Mayor and Council
shall also have the power and is hereby authorized to regulate the
movement of pedestrians upon the streets and sidewalks of the City
by the erection or placing of proper signs or markers indicating the
flow of pedestrian traffic. The Mayor and Council shall also have
the power to designate bus stops and taxicab stands and to erect signs
prohibiting the parking of vehicles other than buses and taxicabs
in such stands. The Mayor and Council shall also have the power to
designate truck routes and to regulate the parking of vehicles of
various sizes and weights.
(2)
The Mayor and Council shall further have power and
is hereby authorized to secure all such necessary signs or markers
to be erected or placed on any street or part of a street when it
deems such action necessary.
(3)
The Mayor and Council is further empowered and authorized
to mark off traffic lanes on streets and parts of streets indicating
and directing the flow of traffic when, in its judgment, such action
is necessary.
B.
The existence of such signs or markers at any place
within the corporate limits of the City shall be prima facie evidence
that such signs or markers were erected or placed by and at the direction
of the Mayor and Council and in accordance with the provisions of
this section.
C.
All of the orders issued by the Mayor and Council
pursuant to this section shall be in writing and filed with the City
Clerk.
D.
Regulations adopted pursuant to the provisions of
this chapter may be amended or added to from time to time, as deemed
necessary by the Mayor and Council, by ordinance, resolution or motion
adopted in accordance with law.
[Amended 11-22-2011 by Ord. No. O-11-22; 6-18-2013 by Ord. No.
O-13-13]
This chapter and the regulations adopted thereby may be enforced by peace officers. The immobilizing and impounding provisions contained in § 60-9 hereof, and the parking provisions contained in Article IV, Article IVA and Article V hereof, may also be enforced by the auxiliary police and any individual duly authorized and assigned by the City Administrator or his designee, all hereinafter called "enforcement officer," to enforce municipal infractions as provided in Article 23 A, § 3, of the Annotated Code of Maryland.
All police officers shall have authority to
summons witnesses to give testimony under oath upon any charge preferred
under this chapter.
The provisions of this chapter applicable to
the drivers of vehicles upon the streets shall apply to the drivers
of all vehicles owned or operated by the United States, the state,
the county or the City, subject to such specific exceptions set forth
in this chapter with reference to authorized emergency vehicles.
The operator(s) of an emergency vehicle(s) using
the highways, streets and alleys within the corporate limits of the
City of Hagerstown shall be governed by the Maryland Transportation
Article, § 21-106.
Every person riding an animal or driving any
animal-drawn vehicle upon a highway, street or alley within the corporate
limits of the City of Hagerstown shall be subject to provisions of
this chapter, except as such by their nature can have no application.
No person shall operate or park on any street
any vehicle for the primary purpose of advertising without first having
procured a permit from the Chief of Police.
[Added 4-26-1988 by Res. No. 1988-13; amended 3-25-2003 by Ord. No. 2003-11; 6-22-2010 by Ord. No. O-10-14; 6-18-2013 by Ord. No. O-13-15]
A.
Authorization. When any vehicle is found parked or moving at any time on any street in the City of Hagerstown against which there are three or more unsatisfied or unpaid summonses, citations for parking violations or any other legal processes, and when at least 30 days have elapsed since the issuance of the third unsatisfied summons, citation for parking violations or any other legal process, the Hagerstown Department of Police or any person, official or enforcement officer assigned to enforce this chapter is hereby authorized and empowered to install or cause to be installed vehicle immobilization equipment, hereinafter called "boot" or "booting," on the vehicle or to remove or cause to be removed said vehicle, either by towing, conveying or in any other manner and impounding pursuant to the provisions of § 60-28.1 of the Code. The decision to boot or tow shall be in the discretion of the enforcement officer based upon the availability of boots and the location of the vehicle.
B.
Notice
of booting. A notice shall be placed on the vehicle as well as on
the boot that:
(1)
The vehicle has been booted by the City of Hagerstown for a violation
of this section.
(2)
The owner of the vehicle has the right to contest the validity of
the booting of the vehicle at a hearing within 48 hours of the immobilization
by contacting the City of Hagerstown during regular business hours
or the Hagerstown Police Department after hours.
(3)
Any vehicle not claimed within two business days may be towed and
impounded as set forth herein.
C.
Responsibility
of owner. The registered owner of a vehicle having against it three
or more violations as set forth herein shall be presumed to be the
driver and owner of the vehicle at the time the summons, citation
for parking violations or any other legal process was issued and shall
be severally responsible for the offenses and the costs of the impoundment,
except where the use of the vehicle was obtained by the operator without
the owner's consent.
D.
Hearing
rights.
(1)
Time. The owner shall have a right to contest the booting and/or
impoundment of the vehicle by requesting a hearing. The request for
hearing shall be granted within 48 hours, excluding Sundays and holidays,
from the time the owner files the application for hearing before the
hearing officer.
(2)
Hearing officer. The hearing shall be held before a hearing officer
consisting of the following: a supervisor in the Department of Public
Works during regular business hours or any sworn police supervisor
after hours.
(3)
Procedure.
(a)
The hearing shall be held in an informal manner.
(b)
The findings of the hearing officer shall be in writing. A copy of
the same shall be furnished to the owner.
(c)
If it is determined by the hearing officer that the vehicle should
not have been booted and/or impounded, the owner shall not be required
to pay the towing, storage and preservation charges provided for under
this section to secure the release of said vehicle. If the charges
were paid prior to the hearing, a refund shall be made to the owner
who paid said charges in order to have the vehicle released.
(d)
The decision of the hearing officer shall not have any effect on
or be considered a determination of the outstanding unsatisfied summonses,
citations or any other legal processes against the vehicle impounded.
(e)
The owner is and shall be entitled to a hearing in the District Court
on said charges.
[Added 6-22-2010 by Ord. No. O-10-14]
A.
A person may not drive, operate, or maintain a motor vehicle in violation
of the provisions of this chapter on any private property that is
used by the public in general.
B.
A person may not drive, operate, or maintain a motor vehicle in violation
of the provisions of this chapter on property that is owned or controlled
by the State of Maryland, a political subdivision of the state, or
the Board of Education, that is open to vehicular traffic and used
by the public in general.
