[HISTORY: Adopted by the Mayor and Town Council
of the Town of North Beach as Art. VIII of the 1982 Code. Amendments
noted where applicable.]
The provisions of this chapter are intended
to be in addition to and supplementary to the provisions of the Transportation
Article of the Annotated Code of Maryland, as amended, and in accordance
with authority specifically granted by said Article.
Whenever, in the judgment of the Mayor and Council
of North Beach, it is necessary for the safety or control of vehicular
or pedestrian traffic or for the regulation of the use of parking
areas, the Mayor and Council of North Beach 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,
regulate, warn or guide traffic or limit parking on public streets,
highways or other areas in the Town of North Beach, Maryland.
A.
No person shall stop, stand or park a vehicle, 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:
(1)
On sidewalks.
(2)
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.
(3)
Within an intersection.
(4)
Within 15 feet of a fire hydrant.
(5)
On a crosswalk, or within 20 feet of a crosswalk at
an intersection, except for the purpose of receiving or discharging
passengers or merchandise.
(6)
Within 25 feet of any beacon, stop sign or traffic
control signal located at the side of a roadway.
(7)
Between a safety zone and the adjacent curb or within
30 feet of points on the curb immediately opposite the ends of a safety
zone, except for the period necessary to take on or discharge passengers,
freight, or merchandise.
(8)
Alongside or opposite any street excavation or obstruction
when such stopping, standing or parking would obstruct traffic.
(9)
On the roadway side of any vehicle stopped or parked
at the edge or curb of a street except for the purpose of receiving
discharging passengers or merchandise.
(10)
At any place where an official sign or painted curb
of the State of Maryland or of North Beach prohibits stopping, parking
or standing and it is hereby specifically provided that where ever
a curb is painted red or yellow that there shall be no parking, standing
or stopping parallel to said painted curb.
(11)
On curves, at the brow of a hill, where the State
Department of Motor Vehicles or the Town of North Beach has painted
white lines on the surface of the roads.
(12)
At any place for a period of time exceeding that which
is designated on an official sign for the State of Maryland or the
Town of North Beach.
[Amended 7-28-1983 by Res. No. 7-83]
B.
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.
[Amended 6-11-1991 by Ord. No. 10-91]
A.
ABANDONED AND/OR INOPERABLE VEHICLES AND/OR PARTS THEREOF
Definitions. As used in this chapter, the following
terms shall have the meanings indicated:
Any vehicle, trailer or semitrailer which is inoperable,
wrecked, partially wrecked, dismantled, partially dismantled, junked
or discarded, major components missing, including but not limited
to engine, transmission, drive mechanisms, wheels, steering mechanisms,
or other parts missing which are required for the safe and normal
operation of such vehicle, any such vehicle that is deteriorated,
rusted or disintegrated from exposure to weather, and to which the
certificate of title, registration card, or license plates have been
revoked, expired, canceled or suspended.
B.
Restrictions. A vehicle and/or parts thereof may not
be abandoned or left inoperable:
(1)
On private property more than 48 hours without the
consent of the owner or person in control of the property.
(2)
On private property more than 48 hours with the knowledge
and consent of the owner or person in control of the property, unless:
(a)
The vehicle is not in plain view of the public.
The vehicle must be stored in a permanent structure approved by the
North Beach Zoning Department.
[Amended 2-13-2008 by Ord. No. 08-01]
(b)
The vehicle is undergoing repairs and the custodian
has obtained an exemption from the Chief of Police or his or her designee.
(c)
The vehicle is not required to be registered
under the Maryland Vehicle Law and is operable.
C.
Impoundment and disposal.
(1)
The Town may take any abandoned and/or inoperable
vehicle and/or parts thereof into custody and may use its personnel,
equipment and facilities and/or use other personnel, and facilities
for removing, preserving, storing and disposing of said vehicles.
All expenses, costs and debts arising from the impoundment of such
vehicle will be the responsibility of the last registered owner of
the vehicle and/or owner of the title to property upon which said
vehicle was removed from.
(2)
The Town will dispose of impounded vehicles in accordance
with the Maryland Vehicle Law.
(3)
Before entering private property and impounding such
vehicle as herein described, the last registered owner of the and
the owner, agent or tenant of the property will be notified by certified
mail, return receipt requested, to remove said vehicle within 15 days,
or to request within 15 days a show-cause hearing with the Chief of
Police to show cause why said vehicle should not be removed, unless
the last registered owner of the vehicle and/or the owner, agent or
tenant of the property has given prior written permission to remove
the vehicle.
(4)
The last registered owner of the vehicle, or the owner,
agent or tenant of the property, may give written permission to the
Town to remove such vehicle as herein described, and all expenses,
costs, and debts arising from the removal, impoundment, storage and/or
disposal of the vehicle will be the responsibility of the last registered
owner of the vehicle and/or owner of title to property upon which
said vehicle was removed from.
[Amended 5-12-1983 by Res. No. 2-83; 6-11-1991 by Ord. No.
10-91; 7-18-1996 by Ord. No. 3-96]
No person shall park, store, or leave any vehicle,
which is inoperable, wrecked, partially wrecked, dismantled, partially
dismantled, junked or discarded, or whose tire or tires have been
deflated or its wheel or wheels have been removed and to which the
certificate of the title, registration card, or license plate has
expired, been revoked, canceled or suspended, nor shall the owner
of any such vehicle allow, permit, or suffer the same to be parked,
stored, or left upon any public street, highway, alley or parking
lot within the corporate limits of the Town of North Beach for a period
longer than 48 hours. The law enforcement authorities or the North
Beach Code Enforcement Officer may take any abandoned and/or inoperable
vehicle and/or parts thereof into custody and may use its personnel,
equipment and facilities and/or use other personnel equipment and
facilities for removing, preserving, storing and disposing of said
vehicles. All expenses, costs and debts arising from the impoundment
of such vehicle will be the responsibility of the last registered
owner of the vehicle. The law enforcement authority or the Town of
North Beach will dispose of impounded vehicles in accordance with
the Maryland Vehicle Law. Vehicles impounded will not be released
unless all expenses, costs and debts arising from the removal, impoundment
and/or storage of said vehicle have been satisfied, and all outstanding
citations against said vehicle have been satisfied.
A.
No motor vehicle 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.
B.
No motor vehicle shall be operated on any street or
highway in the Town with a clutch disengaged or gear out of mesh except
for the purpose of changing or shifting gears or stopping or being
towed.
C.
No person shall operate over the streets of North
Beach any vehicle, motor-driven or otherwise, equipped with spikes,
cleats or other traction devices which could reasonably be expected
to or does inflict any undue damage to the surface of the streets
of North Beach.
D.
No motor vehicle, baby carriages, baby strollers or
wheelchairs (manual or motorized) shall be operated upon the bike
paths in the Town of North Beach. Pedestrian traffic on the bike path
shall yield to bicycle traffic.
[Added 8-10-1995 by Ord. No. 3-95]
E.
No motor vehicle shall be driven, ridden, wheeled,
pushed, or in any manner propelled or used in any manner on the sidewalks
of the Town of North Beach.
[Added 8-10-1995 by Ord. No. 3-95]
F.
With the
exception of trash trucks that collect household trash, Town-owned
vehicles, emergency vehicles and/or law enforcement vehicles and equipment,
no vehicle over the gross vehicle weight of 10,000 pounds may operate
on Bay Avenue, starting at First Street and continuing to the intersection
with Seventh Street.
[Added 5-14-2009 by Ord. No. 09-05]
G.
No vehicles
of any type carrying trash, debris, sewage or any other hazardous
material may park on the rights-of-way of the Town of North Beach
or on private property.
[Added 5-14-2009 by Ord. No. 09-05]
[Amended 2-13-1986 by Ord. No. 1-86; 7-18-1996 by Ord. No.
3-96; 6-18-2000 by Ord. No. 06-00]
B.
Boats and recreational vehicles.
[Amended 4-28-2010 by Ord. No. 10-05; 8-3-2011 by Ord. No. 11-04]
(1)
BOAT
RECREATIONAL VEHICLE
Definitions.
A watercraft of any size designed to float, plane, or provide
passage across water typically powered by oars, sails or motors and
possibly transported on a trailer. Other types of watercraft to which
this definition applies are vehicles known as "jet skis" or "wave
runners" often used for recreational purposes on water.
A motorized or towable road vehicle which includes room for
sleeping, camping, short-term accommodation and/or travel. They include
but are not limited to motor homes, travel trailers, fifth wheel trailers,
toy hauler campers or pickup campers. Motorized recreational vehicles
are self-propelled, fully enclosed, or shell built over a light-weight
truck chassis and cabin. Recreational vehicles are generally classified
as class A, B, C, or D. Towable recreational vehicles are towed by
a motorized vehicle; most often hitched to the back of a vehicle and
pulled to a destination. They include but are not limited to fold
down campers, bumper pull campers, fifth wheels, hybrid campers and
truck campers.
(2)
Boat and recreational vehicle owners may not park their boats or
recreational vehicles on any Town right-of-way (street, alley or sidewalk).
All boats and recreational vehicles must be parked on the homeowner's
property, and they must be owned and titled to the resident of the
property.
C.
Other vehicles. On all Town rights-of-way outside
of the restricted parking zones established by this chapter, the following
vehicles may park at any time without restriction:
|
Class A
|
Passenger vehicles
| |
|
Class B
|
For-hire vehicles
| |
|
Class D
|
Motorcycles
| |
|
Class E
|
Trucks with a one-ton or less manufacturer's
rated gross vehicle weight capacity
| |
|
Class J
|
Van pool vehicles with a one-ton or less manufacturer's
rated gross vehicle weight capacity
| |
|
Class L
|
Historic vehicles with a one-ton or less manufacturer's
rated gross vehicle weight capacity
| |
|
Class M
|
Multipurpose vehicles with a one-ton or less
manufacturer's rated gross vehicle weight capacity
|
D.
All vehicles
shall be driven and parked on the right side of the street, unless
a street or avenue is designated by the Council to be for one-way
traffic. No parking of any vehicles is permitted on the east side
of Bay Avenue between First Street and Seventh Street and the west
side of Annapolis Avenue. All parking in the marked parking places
on Atlantic Avenue and Bay Avenue will be head-in parking only. It
is prohibited to back into those spaces. Any time it shall become
necessary, the Town Council may mark and prohibit other congested
areas from parking altogether. No automobile or other vehicle shall
stop in any street, avenue or highway in such manner as to hinder
or delay traffic, and the Town is empowered to enforce this provision
by impounding said vehicle.
[Amended 5-14-2009 by Ord. No. 09-05]
E.
The Mayor
and Town Council shall designate from time to time such streets as
shall contribute to the safe movement of traffic within the Town as
boulevards and shall post all 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. The Mayor and Town Council shall also
designate, from time to time, the installation of temporary speed
bumps on streets within the Town, where the Mayor and Town Council
find that such installation is appropriate. The speed bumps may also
be removed from time to time at the discretion of the Mayor and Town
Council.
[Amended 5-14-2009 by Ord. No. 09-05]
[Added 6-18-2000 by Ord. No. 06-00[1]; amended 5-10-2001 by Ord. No. 01-02; 3-13-2008 by Ord. No. 08-03; 5-14-2009 by Ord. No. 09-05; 6-30-2010 by Ord. No. 10-06]
A.
There is hereby created within the Town of North Beach a restricted
parking zone. This parking zone is shown on the map attached as Exhibit
A to this chapter.[2] Exhibit A is hereby made a part of this chapter. This
area is bounded by and includes Chesapeake Avenue on the west, Bay
Avenue on the east, First Street on the south and Seventh Street on
the north. The following restrictions within the restricted parking
zone will be effective from May 1 until October 31 every year and
will be enforced between the hours of 9:00 a.m. and 1:00 a.m. At all
other times of the year and times of the day, the restrictions mandated
in this subsection will not apply. As shown on Exhibit A, parking
is limited to two hours in any portion of the restricted area except
for certain areas where parking is restricted to 1/2 hour to accommodate
high-traffic businesses. The restrictions in this subsection apply
to everyone except residents and business owners in the restricted
area. Residential parking spaces and signage will be established adjacent
to all residential properties within the restricted area. This section
does not change the previous designation of residential parking on
Chestnut Avenue. In addition to the above, there will be no parking
on Bay Avenue from the west side of 8918 Bay Avenue to Fifth Street
and the municipal parking lot from 11:00 p.m. to 4:00 a.m. during
the months listed above, and there will be no parking on Third Street
on both sides of the streets up to the residential parking zone from
11:00 p.m. to 4:00 a.m. during the months listed above.
[2]
Editor's Note: Exhibit A is on file in the Town offices.
B.
A new restricted parking zone will be designated on 7th Street between
Bay and Atlantic Avenue that will include 12 spaces that will be parking
for residences along Atlantic Avenue on the boardwalk. The following
houses that will be assigned a space are as follows: 9133 Atlantic,
9135 Atlantic, 9137 Atlantic, 9141 Atlantic, 9117 Bay Avenue, 9119
Atlantic, 9121 Bay Avenue, 9123 Atlantic, 9125 Atlantic, 9127 Atlantic,
9129 Atlantic, and 9131 Atlantic. Each resident will be assigned one
parking space and will receive a special parking sticker for that
area.
[Added 6-18-2000 by Ord. No. 06-00]
Any out-of-town visitors wishing to park in
the Municipal Parking Lot on 5th Street between Chesapeake Avenue
and Bay Avenue may be required to pay fees as will be designated from
time to time by the Town Council by resolution. The Municipal Parking
Lot will be open from 9:00 a.m. until 1:00 a.m. for the collection
of fees. Fees will be collected in the Municipal Parking Lot from
May 1 until October 31 of each calendar year. Between November 1 and
April 30 of each year, parking in the Municipal Parking Lot will be
free. Town residents are allowed unlimited free parking in the Municipal
Parking Lot at all times of the year. From May 1 until October 31,
Town residents will be required to show identification with their
address at the Visitor's Center before being able to park in the Municipal
Parking Lot without a fee.
A.
Whenever the Mayor and Council of North Beach find
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, which
obstruct the vision of operators of vehicles traveling upon any public
street, road or highway so as to constitute a traffic hazard, the
Mayor, with the approval of the Council, may serve upon the owner
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 reasonable period of time.
B.
All orders and notices issued by the Mayor pursuant
to the authority of this section shall be served on the owner either
by registered mail or by personal delivery to such person at the address
on the records. If such person cannot be served by registered mail,
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.
C.
Any person who considered himself or herself aggrieved
by an order issued pursuant to the authority of this section may,
within 10 days of the receipt of such order, petition the Council
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 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 being filed.
D.
Upon the failure of any person to comply with the
provisions of any order issued hereunder within the time specified
therein, the Council may direct the town 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.
E.
Whenever it is necessary for the town 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 Town Clerk a certified statement of the cost to the town
of such removal, together with the cost of publication, shall therefrom
and thereafter constitute a charge.
[Amended 2-12-2004 by Res. No. 04-01]
[Added 10-12-1995 by Ord. No. 4-95]
[Amended 10-12-1995 by Ord. No. 4-95; 6-1-2000 by Res. No.
05-00; 5-25-2004 by Ord. No. 04-04]
A violation of this chapter, including disobedience of any sign erected by the Town under authority of § 108-2, shall be a municipal infraction, unless covered by state law. All parking violations will be enforced pursuant to the power granted to municipalities in § § 26-301 through 26-306 of the Maryland Transportation Article. The Town Code Enforcement Department will provide for a proper parking citation in conformance with the above-cited section. Municipal infractions shall be punishable as provided in Chapter 1, General Provisions, Article III, Penalties.
