[Amended 3-15-1993 by Ord. No. 252]
The provisions of this chapter are intended to be in addition to and supplementary to the provisions of the Motor Vehicle Laws of the State of Maryland and in accordance with authority specifically granted by said laws.
Except as hereinafter otherwise provided, the Motor Vehicle Laws of the State of Maryland, which are hereby declared and made a part of this article by reference, shall control and govern, and any person violating any of the provisions thereof shall, upon conviction, be subject to the penalties provided therein.
[Amended 11-13-2001 by Ord. No. 350]
A. 
Whenever, in the judgment of the Council of the Town of Hampstead, it is necessary for the safety or control of vehicular or pedestrian traffic or for the regulation of the use of parking areas, the Town Council may erect or cause to be erected STOP, NO PARKING, SPEED LIMIT, ONE WAY or other traffic control and parking restriction signs designed to control, warn, regulate or guide traffic or limit parking on public streets, highways or other areas in the Town, and it shall be the duty of all persons to observe such signs, and any person failing to observe any such sign shall, upon conviction thereof, be guilty of a misdemeanor. Nothing herein contained shall be deemed to constitute a repeal of the authority heretofore granted by the Town of Hampstead for the erection of traffic control and parking restriction signs, and a failure by anyone to observe any such signs heretofore erected shall make them subject to the same penalties as set forth hereafter.
B. 
It shall be unlawful for any person except the Town of Hampstead, Carroll County or the State of Maryland to erect any street, parking or traffic control sign or device on or near any public street or municipal parking lot unless authorized in writing. Illegal placement of traffic signs or devices shall be punishable by a fine of up to $100.
The Council shall from time to time designate as "boulevards" such streets as shall contribute to the safe movement of traffic within the Town and may post intersecting streets with appropriate "Stop Signs," so placed as to be readily visible to the motoring public, and all traffic entering boulevards so designated shall come to a complete stop before so doing.
A. 
All vehicles shall be driven and parked on the right-hand side of the street, unless a street or avenue is designated by a sign to be for one-way traffic. At any time as shall become necessary, the Police Department may mark and designate areas which may become congested, banning parking altogether if necessary. No automobile or other vehicle shall stop in any street, avenue or highway in such manner as to hinder or delay traffic or passage, create a hazardous or unsafe condition or interfere with municipal utility work or snow removal. The Police Department is empowered to enforce this provision by removing and impounding said vehicle immediately.
[Amended 4-11-2006 by Ord. No. 422]
B. 
Stopping, standing or parking prohibited; exception.
[Amended 11-13-2001 by Ord. No. 350]
(1) 
No person shall stop, stand or park any motor vehicle, tractor over 20 horsepower, recreational vehicle, camper, boat, trailer or equipment, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control device, in any of the following places:
(a) 
On sidewalks, curbs or any unpaved soil or vegetative surface forward of the rear building line, except temporarily as necessary for loading and/or unloading.
(b) 
In front of a public driveway or alley or in front of a private driveway, except with the consent of the owner or occupant of the premises.
(c) 
Within an intersection.
(d) 
On a crosswalk.
(e) 
Alongside or opposite any street excavation or obstruction, when such stopping, standing or parking would obstruct traffic.
(f) 
On the roadway side of any vehicle stopped or parked at the edge or curb of a street, except for the purpose of receiving or discharging passengers or merchandise.
(g) 
At any place where an official sign or painted curb of Carroll County, the State of Maryland or the Town of Hampstead prohibits stopping, standing or parking, and it is hereby specifically provided that wherever a curb is painted yellow that there shall be no parking, standing or stopping parallel to said painted curb.
(h) 
On or along any public street in such manner as to interfere with the safe and unrestricted movement of traffic and removal of snow.
(2) 
It shall be unlawful to park on any street or parts of streets designated, after it has been properly posted, for a period longer than indicated on such posted sign.
(3) 
Government vehicles engaged in the necessary performance of official duties shall be exempt from parking regulations.
C. 
No person shall stop, stand or park a vehicle, designed or used for carrying freight or merchandise, in front of, alongside of or in the rear of any private dwelling, except when actually unloading merchandise or when the operator or owner of such vehicle is actually engaged in rendering a service at or to such premises.
D. 
It shall be unlawful to park a vehicle more than 12 inches from the curb, curbline or side of street or alley where the curbline should normally be, said parked vehicle facing to the right of all traffic and not less than four feet behind or ahead of any vehicle already parked. All parking shall be parallel with the curb. Exception will be made to this subsection in cases of loading or unloading a vehicle or vehicles, and said exception shall be given for a reasonable time as necessary for loading and/or unloading a vehicle or vehicles.
[Amended 11-13-2001 by Ord. No. 350]
E. 
No person shall use any portion of any street or municipal parking lot for long-term storage of any motor vehicle, tractor, recreational vehicle, camper, boat, trailer or equipment. The term "long-term storage" shall mean the use of any portion of a street or municipal parking lot for the parking or placing of any vehicle for the purpose of exhibition, sale, repair or storage for a period of longer than seven days. Recurrent on-street parking of an operational, noncommercial motor vehicle by an adjacent property owner does not constitute long-term storage.
[Added 11-13-2001 by Ord. No. 350]
F. 
No vehicle shall be repaired in any street except in case of emergency and then only so as not to block or obstruct any street or sidewalk, nor shall the motor of any such vehicle be tested while it is parking or standing on any street except when unavoidable.
[Added 11-13-2001 by Ord. No. 350]
G. 
No commercial vehicle, bus, house trailer, mobile home, recreational vehicle, boat or utility trailer, camper or truck over one ton shall be permitted to park or stand on a public street or municipal parking lot except while actively engaged in loading or unloading.
[Added 11-13-2001 by Ord. No. 350]
[Amended 4-20-1987 by Ord. No. 212]
A. 
In all cases of parking violations, the officer who discovers the vehicle illegally parked shall deliver a citation to the operator or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place. In the absence of the operator, the registered owner of the vehicle shall be presumed to be the person receiving the citation. A copy of the citation shall be retained by the officer and shall bear his certification, under penalty of perjury, attesting to the truth of matters therein set forth. The recipient of a citation may make payment of the violation directly to the Town of Hampstead; or if he desires to stand trial for said charges, he may elect to do so by notifying the Town of Hampstead of his intention to stand trial at least five days prior to the payment date set forth in the citation. At the time the notice of intention to stand trial is given, the person receiving the citation must also notify the Town of Hampstead that he desires the presence, at said trial, of the officer who issued the citation. If the person receiving the citation does not notify the Town of Hampstead that he desires the presence of the officer at the trial, it shall not be necessary that the officer appear, and the copy of the citation bearing the certification of the officer shall be prima facie evidence of the matter therein set forth.
B. 
The penalty for illegal parking at any time in any space which shall be designated as a no-parking space by any traffic control sign, traffic control marking or as so designated in this chapter shall be $50.
[Amended 11-13-2001 by Ord. No. 350]
C. 
The penalty for parking overtime in any space designated as "timed parking" by any traffic control sign or traffic control marking shall be $25.
[Amended 11-13-2001 by Ord. No. 350]
D. 
The penalty for illegal parking at any time in a space designated as handicapped parking by any sign or marking shall be $100.
[Added 11-13-2001 by Ord. No. 350]
E. 
If a Town of Hampstead parking citation is not paid within the time allotted, the Motor Vehicle Administration (MVA) will be notified by the Hampstead Police Department to place a flag against the vehicle record. A flag will prevent the vehicle’s registration from being renewed or the transferring of plates. An administrative flag fee must be paid to the MVA and is in addition to the fine payable to the Town of Hampstead.
[Added 9-14-2004 by Ord. No. 398]
F. 
When any unattended motor vehicle is found parked at any time upon any street of the Town against which there are three or more unsatisfied citations for parking violations and when a period of 15 days or more has elapsed since the third unsatisfied citation, the Police Department is authorized to cause such vehicle to be immobilized or removed and impounded in any place designated by the Chief of Police.
[Added 4-11-2006 by Ord. No. 422]
[1]
Editor's Note: Former § 127-7, Leaving vehicle unattended; penalty, as amended, was repealed 11-13-2001 by Ord. No. 350.
[Amended 4-20-1987 by Ord. No. 212; 4-8-1997 by Ord. No. 295]
A. 
Any motor vehicle that is inoperable and is left unattended on public property for more than 48 hours, or a motor vehicle that has remained on public property for a period of more than 48 hours, or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, or a motor vehicle that has remained on public property for more than 48 hours and is not displaying currently valid registration plates or is displaying registration plates of another vehicle, shall be deemed to be an abandoned vehicle and may be impounded and disposed of by the Police Department as provided herein.
B. 
It shall be unlawful for the owner or any person(s) in possession of any property within the Town to have or permit anyone to have on such property in excess of 30 days any registered motor vehicle with expired registration plates unless enclosed in a garage or other building; provided, however, that not more than one such vehicle may be on such property for not more than six months so long as it is currently and actively being restored or repaired to such operating condition as would permit it to be lawfully operated upon the public roads. This section shall not apply to any vehicle being offered for sale by a licensed automobile dealer or used car lot on property that is properly zoned and is authorized as an automobile, trailer or implement sales and service establishment.
C. 
Prior to the issuance of any citation, the following procedure shall be observed:
(1) 
The Police Chief or Town Manager shall issue a warning letter to the owner(s) of the property involved and/or any person(s) in possession thereof Said letter shall give the recipient(s) 30 days to either remove or enclose the vehicles(s), or provide written evidence satisfactory to the Police Chief or Town Manager that the vehicle(s) is (are) properly registered and displaying valid plates, or provide written evidence satisfactory to the Police Chief or Town Manager that the vehicle is currently and actively being restored or repaired in order to put it in operating condition as described in § 127-8B.
(2) 
If the recipient of the warning letter does not take the actions described in Subsection C(1) within the thirty-day time period or if the Police Chief or Town Manager who sent the warning letter is not satisfied as to the validity of any response, then a citation for a municipal infraction and fine shall be issued. After the thirty-day time period given in the warning letter, each additional day that a vehicle is in violation of § 127-8B of the Code will be considered a separate municipal infraction.
(3) 
All warning letters and all responses by recipients thereof shall be sent by certified mail, return receipt requested.
D. 
The violation of any of the provisions of this section shall be punishable by a fine of $50.
A. 
Whenever any vehicle or part thereof is in the custody of the Mayor and whenever the owner or person entitled to the possession thereof cannot be located and fails to claim such vehicle or part thereof for a period of 60 days after such vehicle or part thereof came into the custody of the Mayor, the same may be disposed of by the Mayor at public sale at some place which shall be convenient and accessible to the public, at any time, provided that an advertisement of the time, place and terms of the sale, together with a full, detailed description of such vehicle or part thereof shall be inserted in at least one newspaper of general circulation in the Town, at least once each week for two successive weeks prior to the sale, provided, further, that a notice by certified mail shall be sent at least 10 days prior to the sale to the owner or lienholder, if any, shown on the records of the Commissioner of Motor Vehicles or the person entitled to the possession of such vehicle or part thereof, if his address is known or if it can be ascertained by the exercise of reasonable diligence. If such address cannot be ascertained, then such notice shall not be required.
B. 
If the impounded vehicle shall be deemed by the Mayor or his designee to be of no value or of insufficient value to warrant sale and if the person entitled to the possession thereof shall not appear to redeem such valueless property or cannot be located within 30 days after such vehicle came into Town custody, such vehicle shall be conclusively deemed of no value and to be abandoned and may be destroyed or otherwise disposed of, and there shall be no claim against the Town by reason of any such destruction or disposition, provided that a notice by certified mail shall be sent at least 10 days prior to such disposition to the owner and lienholder, if any, shown on the records of the Commissioner of Motor Vehicles or the person entitled to the possession of such vehicle or part thereof, if his address is known or if it can be ascertained by the exercise of reasonable diligence. If such address cannot be ascertained, then such notice shall not be required.
After payment of the expenses of any sale held pursuant to § 127-9 of this article and the amount of storage and other charges incurred on account of the vehicle or part thereof sold at such sale and after payment of all liens against the vehicle or part thereof, the balance, if any, received by the Town at any such sale shall be held by the Town Clerk-Treasurer for a period of one year from the date of such sale. The Town-Clerk Treasurer shall pay such balance to any person who shall file his verified claim prior to the expiration of such year establishing that he is the owner or person entitled to the possession of such vehicle. If no such claim is filed within such period, the balance shall be transferred to the general funds of the Town.
A. 
No individual shall operate a motor vehicle over any street or public highway within the Town limits recklessly, or at a rate of speed greater than is reasonable and proper, having regard to the width of the public highway, the use thereof and the traffic thereon, or so as to endanger any property or individual or so as to unnecessarily or unreasonably damage the public highway.
B. 
No motor vehicle, truck or tractor shall be operated upon any highway or street in the Town at a greater speed than 25 miles per hour, except on such streets and highways as may be covered by regulations and the placing of signs.
C. 
No person shall operate over the streets of the Town any vehicle, motor-driven or otherwise, equipped with spikes, cleats or other traction device calculated to inflict any undue damage or injury upon the surface of the streets of the Town.
D. 
Any person or persons charged with the violation of any of the provisions of this section shall, upon conviction thereof, be charged with a misdemeanor and punished as provided in § C13-4A of the Charter.
[Amended 2-16-1993 by Ord. No. 231]
E. 
No person shall fail to observe the traffic direction of a school crossing guard. Failure to stop when directed by a school crossing guard shall be punishable by a fine not to exceed $250.
[Added 11-13-2001 by Ord. No. 350]
A. 
Whenever the Police Department finds that there exists on any private property within the Town any trees, bushes, vines, weeds, undergrowth, loose earth or other obstructions, except buildings and similar structures affixed to the ground, and if they further find that the same do obstruct the vision of operators of vehicles traveling upon any public street, road or highway so as to constitute a traffic hazard, they shall immediately, upon finding such condition, serve upon the owner, agent, lessee or any other person having supervision over such property a written notice describing the premises whereon such obstruction exists, a statement of the particulars in which the vision of operators of vehicles is obstructed, including the steps necessary to correct such conditions, and an order directing that such corrective steps be taken within a stated period of time.
B. 
Any person who considers himself aggrieved by an order issued pursuant to the authority of this section may, within 10 days of the receipt of such order, petition the Town in writing for a hearing thereon; within 30 days from the receipt of such petition, the Council shall hold such a hearing, after which it may either affirm, modify or rescind the order. No official of the Town government shall remove any obstruction or enforce any order issued hereunder until after such hearing by the Council has been held or until after the time to petition for such hearing has expired without such a petition having been filed.
C. 
Upon the failure of any person to comply with the provisions of any order issued hereunder within the time specified therein, the Police Department shall direct work forces to enter upon the property whereon the obstruction is located and remove all or such part of the obstruction as may be necessary to eliminate the traffic hazard.
D. 
All orders and notices issued by the Police Department or any Town official pursuant to the authority of this section shall be served on the person to whom they are directed, by registered mail or by personal delivery to such person. If such person is not known to reside and cannot be found in the Town, such service shall be made by publication of such order or notice once in a newspaper of general circulation in the Town and by posting the same on the premises in a conspicuous manner. Service by publication and posting shall be deemed to be made on the day of publication and posting.
E. 
Whenever it is necessary for the Police Department to provide for the removal or elimination of any type of obstruction referred to herein pursuant to the procedures prescribed above, they shall file with the Clerk-Treasurer a certified statement of the cost to the Town of such removal or elimination, together with proof of service of the notice above described. The cost of removal, together with the cost of publication shall therefrom and thereafter constitute a charge against the owner of said property and may be recovered by the Council by appropriate legal action.
[1]
Editor's Note: See also § 135-22, Traffic visibility across corner lots.
[Amended 2-16-1993 by Ord. No. 231]
Unless otherwise provided specifically in this article, any person violating any of the provisions of this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be punishable as provided in § C13-4A of the Charter.