ORDINANCE NO. 261 OF THE CITY OF FRUITLAND

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1 ORDINANCE NO. 261 OF THE CITY OF FRUITLAND AN ORDINANCE AMENDING THE COMPREHENSIVE TRAFFIC AND PARKING REGULATORY SCHEME SET FORTH IN ORDINANCE NO WHEREAS, the City Council of the City of Fruitland did enact Ordinance No. 195 which became effective on November 14, 2000, a comprehensive traffic and parking regulatory scheme for the City of Fruitland; and WHEREAS, the Chief of Police has raised the need to amend and update the traffic and parking regulatory scheme as currently set forth in Ordinance No. 195, and has requested that changes of the same be made; and WHEREAS, the City Council of the City of Fruitland is of the corporate opinion that the requested changes are necessary and proper. THEREFORE, BE IT ENACTED AND ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRUITLAND, MARYLAND, pursuant to Fruitland Charter, Article II, FC2-16, and Article III, FC3-1 and 3-2.A.(16) and (44) and FC-3-3, and Maryland Annotated Code, Transportation Article, Titles 21 and 26, that Ordinance No. 195 is hereby REPEALED and REPLACED with the following, to wit: STOPPING, STANDING AND PARKING Sections: ARTICLE I - General Provisions Definitions. ARTICLE II - Parking Definitions Parking restrictions Police and Fire Exception Enumeration of parking violations Fines Vehicle impoundment Vehicles with expired registration Vehicles without registration Form of parking citations.

2 Issuance of citations for parking violations. ARTICLE III - Disabled, Inoperable or Junk Vehicles Definitions Exceptions Removal, impoundment and disposition Violations and penalties. ARTICLE IV - Bicycles, Skateboards and Similar Devices Operation on sidewalks Violations and penalties. ARTICLE V - Snow Emergencies Purpose Designation of snow emergency routes Declaration of snow emergency Penalties for parking on snow emergency route. 2

3 VEHICLES AND TRAFFIC ARTICLE I General Provisions Definitions. As used in this chapter, the following terms shall have the meanings indicated: OPERATOR Includes every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner or who is in actual physical control of a vehicle. PARK or PARKING The standing of a vehicle, whether occupied or not, upon a street, except for temporarily for the purpose of and while actually engaged in receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or an involuntary stopping of the vehicle by reason of causes beyond the control of the operator of the vehicle. STREET Any public street, avenue, road, alley, highway, lane, path or other public place located in the City of Fruitland and established for the use of vehicles. VEHICLE Any device in, upon or by which any person or property is or may be transported upon a highway, except a device which is operated upon rails or tracks. 3

4 ARTICLE II Parking Definitions. As used in this article, the following terms shall have the meanings indicated: ALLEY A narrow street of 18 feet or less. BICYCLE A vehicle that: A. Is operated by human power; B. Has two or three wheels of fourteen (14 ) inches in diameter or more; C. Has a wheel configuration as follows: if the vehicle 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 an equal distance from the center of the vehicle. BUS A motor vehicle designed to carry more than 10 passengers. HIGHWAY The entire width between the boundary lines of any way or thoroughfare, part of which is used for vehicular travel. A street is a highway. MOPED A two-wheel vehicle with motor or pedal option that is designed to operate with human power with the assistance of a motor, the internal combustion engine of which is fifty (50) cc piston displacement or less and has a rating of one and one-half (1.5) braking horsepower. MOTORCYCLE A two-wheeled, gasoline-driven vehicle larger and heavier than a bicycle that has braking horsepower of one and one-half (1.5) or more and has an engine of forty-nine (49) cc or more displacement. MOTOR HOME A mobile dwelling built on a truck or bus chassis. 4

5 MOTOR SCOOTER A two-wheeled vehicle with a motor. MOTOR VEHICLE A vehicle that is self-propelled or propelled by overhead wires and is not operated on rails. "Motor vehicle" does not include a bicycle that is equipped with an assisting motor. PARK To halt a vehicle, whether or not it is occupied, other than temporarily and while actually engaged in loading and unloading property or passengers. ROADWAY That part of a highway that is improved, designed or ordinarily used for vehicular travel. STAND To halt a vehicle, whether or not it is occupied, when engaged in loading or unloading passengers. STOP In a mandatory sense: A. The complete cessation from movement: and B. To halt even momentarily a vehicle, whether or not it is occupied. TRAILER A wheeled vehicle that has no motor power and is designed to be towed by a truck or car. VAN A large or small vehicle for carrying goods or delivery of goods by road. VEHICLE Any device in, on or by which any individual or property might be transported or towed on a highway Parking restrictions. The City Council of Fruitland, Maryland, shall have the power at any time to modify the parking restrictions in the City in accordance with a general plan of controlling traffic flow in the City or in accordance with the approval of a capital project. Whenever the City Council shall determine that parking on the streets of a particular area should be restricted or banned completely, or that a speed limit should be modified, the City Councilmen may, by resolution, in executive session, designate such areas as no-parking areas or prohibit parking during such days and times as it determines appropriate, and may modify speed limits as appropriate, and signs posted or markings placed to designate the same. A. The parking of all types of motor vehicles is prohibited at all times wherever no parking signs have been erected and on the following highways, roads, streets and alleys within the corporate 5

6 limits of Fruitland, Maryland: Name of Street Side Location NOT YET DEFINED Police and Fire Exception. An official police or fire emergency vehicle shall not be deemed to have violated any of the provisions of this Chapter while in the course of, and arising out of, a response to a call or need for Police or Emergency Services Enumeration of Parking Violations. A. Fire hydrants. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home in front of a fire hydrant so as to block said hydrant or park within five feet of said fire hydrant on any highway, street, road or alley within the City limits of Fruitland, Maryland. B. Parking at intersections. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home within twenty (20 ) feet of any intersection at any highway, road, street or alley within the City of Fruitland, Maryland. C. Parking for more than 72 hours. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home on any highway, road, street or alley for more than seventy-two (72) hours without being moved within the City limits of Fruitland, Maryland. D. Blocking private driveway. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or not, except momentarily to pick up or discard passengers or to deliver or pick up packages in front of a private driveway, except with the consent of the owner or occupant of the premises, on any highway, road, street or alley within the City limits of Fruitland, Maryland. E. Parking on sidewalk. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home, whether the vehicle is occupied or unoccupied, on any sidewalk within the City limits of Fruitland, Maryland. F. Parking or blocking crosswalks. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home across any marked crosswalk, whether the vehicle is occupied or unoccupied, on any highway, road, street or alley within the City limits of Fruitland, Maryland. 6

7 G. Left side parking. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer or motor home on the opposite side of any highway, road, street or alley facing the opposite flow of traffic within the City limits of Fruitland, Maryland. H. Fire lanes. It shall be unlawful to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, on any highway, road, street, alley or parking lot or any area where such activity has been prohibited by an official sign reading "Fire Lane - No Parking" within the City limits of Fruitland, Maryland, except that in shopping centers vehicles are permitted to stop to pick up passengers or packages. I. Parking on street or alley. It shall be unlawful to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, on any highway, road, street or alley within the City limits of Fruitland, Maryland. J. Double parking. It shall be unlawful to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, doubled parked, except to discharge passengers or to deliver packages when there are no parking spaces available (if spaces are available the operator of the vehicle must park said vehicle in the parking space), within the City limits of Fruitland, Maryland. K. Parking on traveled portion of highway. It shall be unlawful to park, stop or let stand any motor vehicle, vehicle, trailer or motor home that is unoccupied on any traveled portion of any highway, road, street or alley within the City of Fruitland, Maryland. L. Handicapped parking. (1) It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, in any parking spaces designated by official handicap signs (as prescribed below) on any highway, road, street, alley or parking lot within the City limits of Fruitland, Maryland. Exceptions are those vehicles that have placed on their vehicles a handicapped license plate, handicapped sticker attached to the front windshield or a valid permit. (2) Each space reserved for handicapped parking shall: (a) Be at least twelve (12 ) feet wide. (b) Be located to provide the handicapped person with easy accessibility to the store or shopping center. (3) Signs. 7

8 (a) Subject to Subsection N(3)(b) below, each space reserved for a handicapped person shall be signified by a sign with the international symbol of access and the words "Handicapped Parking" on it. (b) All signs erected or replaced after July 1, 1982, which reserve a space for handicapped person shall be: [1] In conformance with the requirement of the State Manual on Uniform Traffic Control Devices and attached to a post permanently anchored in the ground; or [2] Permanently attached to a building, structure, wall or other immovable object in a manner that clearly indicates to a driver that the space is reserved for handicapped persons. (c) Except as provided in this Subsection N (3), the bottom edge of the sign shall be at least seven feet above the ground. (d) If the sign is placed against a building, structure or other location that does not obstruct vehicle or pedestrian traffic, the bottom edge of the sign shall be at least six feet and no more than 10 feet above the ground. M. Improper Display of placard. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, in any parking spaces designated by official handicap signs when displayed by the person to whom a removable windshield placard is issued, the removable windshield placard shall be hung from the inside rearview mirror in a position from which the placard identification number and expiration date can be viewed from the outside of the vehicle when the vehicle is parked. N. Parking in front of curb ramp. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, in front of a curb ramp designed for the use of individuals with disabilities. O. Parking in front of passenger loading zone. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, in front of or on a passenger loading zone designed or marked for the use of individuals with disabilities. P. Blocking firehouse. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home, whether occupied or unoccupied, in front of or to block the doors of a firehouse or ambulance quarters within the City of Fruitland, Maryland. Q. No parking signs. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home in an area where parking is prohibited by official signs that have been posted and read "No Parking" within the City limits of Fruitland, Maryland. 8

9 R. No parking between signs. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home in an area where parking is prohibited by an official sign that has been posted and which reads "No Parking Between Signs" with an arrow to indicate the areas of no parking within the City limits of Fruitland, Maryland. S. Parking at railroad crossing. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home within 50 feet of any railroad grade crossing. T. Curb parking. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home at a curb where the right-hand or the left-hand wheels are more than twelve (12 ) inches from the curb or edge of the roadway on any highway, road, street or alley within the City limits of Fruitland, Maryland. U. Improper parking. It shall be unlawful for any person to park or let stand any motor vehicle, vehicle, trailer, motor home or motorcycle in a manner so as to park the vehicle across any line or marking of any parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings on any highway, road, street, alley or parking lot within the City limits of Fruitland, Maryland. V. Leaving motor vehicle unattended. It is unlawful and a misdemeanor for any person to permit motor vehicle to stand unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake and, when standing upon any grade, turning the front wheels to the curb or side of the street. W. Head-in diagonal parking. It shall be unlawful for any person to park or let stand any motor vehicle, trailer, motor home or motorcycle by backing into the parking spot designated for diagonal parking when that parking spot is designated for head-in parking only Fines. A. Cost of Fines for the violation of the provisions hereof shall be as follows: (A) Fire hydrants: $50 (B) Parking at intersections: $50 (C) Parking for more than 72 hours: $50 (D) Blocking private driveway: $50 9

10 (E) Parking on sidewalk: $50 (F) Parking on or blocking crosswalk: $50 (G) Left-side parking: $50 (H) Fire lanes (posted): $50 (I) Street less than 18 feet wide: $50 (J) Double parking: $50 (K) Parking on traveled portion of highway: $50 (L) Handicapped parking: $50 (M) Improper Display of placard: $50 (N) Parking in front of curb ramp: $50 (O) Parking in front of passenger loading zone: $50 (P) Blocking Firehouse: $50 (Q) Parking in City Park: $50 (R) No parking sign: $50 (S) No parking between signs: $50 (T) Parking at railroads: $50 (U) Curb parking: $50 (V) Improper Parking: $50 (W) Leaving Motor Vehicle Unattended: $50 10

11 (X) Head-in Parking: $50 (195-8) Expired registration: $50 (195-9) Without registration: $50 B. ALL FINES PAID WITHIN 5 BUSINESS DAYS OF ISSUANCE WILL BE DISCOUNTED $30.00 MAKING THE FINE $20.00, AFTER THAT ALL FINES WILL BE $50.00 AND MUST BE PAID WITHIN 30 DAYS OF ISSUANCE OF THE CITATION. IN THE EVENT THAT THE FINE IS NOT PAID WITHIN THE 30 DAYS, AN LETTER OF NOTIFICATION WILL BE SENT TO THE VEHICLE S OWNER INDICATING THE FOLLOWING: IF THE VIOLATOR FAILS TO PAY THE FINE WITHIN 60 DAYS OF ISSUANCE, THE FINE SHALL DOUBLE AND ALL REGISTRATION INFORMATION WILL BE FORWARDED TO THE MOTOR VEHICLE ADMINISTRATION TO SUSPEND ALL FURTHER RENEWAL APPLICATIONS. B. Any person who receives a citation as set forth above, is hereby subject to a fine of Fifty Dollars ($50.00), but may avail themselves of a discount against such violation by paying the said fine in the reduced amount of Twenty Dollars ($20.00) within five (5) business days of the date of issuance. C. Any person desiring to avail himself of the right to stand trial, shall be granted that right only in the event that he shall notify the Fruitland Police Department, either in person or by mail, received after the date the citation was issued. If any such individual elects to stand trial, he shall be within thirty (30) days tried before the Maryland District Court, and notice of the trial date will be given by said Court. Nothing contained herein shall prevent any person from making prompt payment pursuant to subparagraph B above, in order to avail himself of the discount, and thereafter requesting to stand trial. D. Any person who has neither paid the fine nor requested trial within thirty (30) days of the date of issuance, shall be mailed a notice that failure to pay the fine within sixty (60) days of issuance shall result in a double fine, and all registration information will be forwarded to the Motor Vehicle Administration to suspend all further renewal applications. E. Costs of Impoundment. (1) Impoundment of violating vehicles for unregistered vehicles, suspended registration, operating a vehicle on a suspended or revoked license, driving while intoxicated or any other state, county or local law, storage costs: Twenty-five Dollars ($25.00) per day. (2) Towing of all impound vehicles for any violation: Two Hundred Dollars ($200.00) per vehicle. 11

12 Vehicle impoundment. A. The Fruitland Police Department is hereby authorized and empowered and it shall be its duty to impound any unoccupied vehicle parked on any highway, road, street or alley within the City limits of Fruitland, Maryland, in violation of any parking ordinance of the City of Fruitland, Maryland, or any vehicle or trailer that has been wrecked or abandoned. B. A vehicle so impounded shall be kept at a place to be designated by the Chief of Police of Fruitland, Maryland, or by department regulations. C. The vehicle may be released to the duly identified and lawful owner upon payment of storage and towing fees and other impounding fees, in addition to any fines and court cost imposed for the violation of any parking ordinance of the City of Fruitland, Maryland Vehicles with expired registration. A. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home with expired registration on any highway, road, street or alley within the City limits of Fruitland, Maryland. B. Said vehicle will be towed by the Fruitland Police Department after a parking citation is issued and the vehicle has been left parked for seventy-two (72) hours. The vehicle will be stored at the Fruitland police impound lot or a private towing facility until claimed by the owner after parking fines and towing and storage fees are paid. The owner must show proof of ownership. If unclaimed the vehicle will be sold after proper notification has been mailed to the vehicle owner Vehicles without registration. A. It shall be unlawful for any person to park, stop or let stand any motor vehicle, vehicle, trailer or motor home without any registration plates attached to said vehicle on any highway, road, street, alley or parking lot within the City limits of Fruitland, Maryland. B. Said vehicle will be towed by the Fruitland Police Department after a parking citation is issued and the vehicle has been left parked for seventy-two (72) hours. The vehicle will be stored at the Fruitland police impound lot or a private towing facility until claimed by the owner after parking fines and towing and storage fees are paid. The owner must show proof of ownership. If unclaimed the vehicle will be sold after proper notification has been mailed to the vehicle owner. 12

13 Form of parking citations. A. The parking citation will be in three parts as described below: (1) Part I (office copy): This copy shall be retained by the Fruitland Police Department and filed according to the citation number. (2) Part II (officer s copy): This copy shall be retained in the officer's parking citation book for his/her records. (5) Part III (offender s copy): This copy shall be placed on the vehicle at the time the citation is issued and will be used as the first notice. B. When a parking citation is issued, all copies except the officer s copy will be pulled from the citation book. The offender s copy shall be placed on the vehicle and the office copy shall be turned in at police headquarters. C. If the citation is paid within 30 days of issuance of the citation, this copy will be marked paid, dated and filed. D. If the fine is not paid within thirty (30) days of issuance of the citation, Fruitland Police Department will mail a notice of the citation issued to the registered owner of the vehicle at the last address on file through the Motor vehicle Administration. The letter will notified the owner if the fine is not paid within 60 days of issuance the fine will double, and the Motor vehicle Administration will be advised to suspend all renewal request for vehicle registration. E. If the fine is not paid in sixty (60) days of issuance of the citation, then the fine will double, and the Motor Vehicle Administration will be advised to suspend all renewal requests for vehicle registration Issuance of citations for parking violations. A. Issuance of citation. An officer who discovers a vehicle parked in violation of an ordinance or regulation adopted under this article shall: (1) Deliver a citation to the driver or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place; and (2) Keep a copy of the citation bearing his or her certification under penalty of perjury that the facts stated in the citation are true. 13

14 B. Owner presumed to be recipient. In the absence of the driver, the registered owner of the vehicle is presumed to be the person receiving the citation. 14

15 ARTICLE III Disabled, Inoperable or Junk Vehicles Definitions. As used in this article, the following terms shall have the meanings indicated: ALLEY A street of eighteen (18 ) feet or less in width, surfaced or un-surfaced. HIGHWAY The entire width between right-of-way boundary lines of any thoroughfare or street greater than eighteen (18 ) feet in width used for vehicular travel. PERSON Any person, firm, partnership, association, corporation, company or organization. PROPERTY Any real property within the City of Fruitland which is not a highway, road, street or alley. VEHICLE Any device designed to travel along the ground by use of wheels, treads or runners and designed to transport persons or material, including but not limited to automobiles, trucks, vans, motor homes, motorcycles, trailers, tractors, buggies, wagons or any vehicle parts. DISABLED, INOPERABLE OR JUNK VEHICLE Any motor vehicle, such as automobile, truck, van, trailer, motor home, motorcycle or any other type of yard, farm or road equipment, remaining in one place for ten (10) days or more having one or more of the following conditions: A. It has two or more flat tires. B. One or more windows are missing or broken. C. It has doors, hood, trunk, fenders, engine, transmission or other parts of the vehicle missing. D. It is unlicensed or unregistered if applicable under Maryland Motor Vehicle Administration requirements. E. It displays tags or a vehicle identification number assigned to another vehicle. 15

16 Exceptions. This article shall not apply to: A. Historic or antique vehicles as defined under the Transportation Article of the Annotated Code of Maryland. B. A vehicle in an enclosed building. C. Disabled, inoperable or junk vehicles being stored or repaired at a licensed motor vehicle repair or towing business, as long as the vehicle is in an enclosed building or behind an opaque fence that completely conceals the vehicle from passersby and/or adjoining property owners Removal, impoundment and disposition. A. The City Manager, Chief of Police, any Police Officer, or the Code Enforcement Officer of the City of Fruitland or any one of them is hereby authorized to remove or have removed any disabled, inoperable or junk vehicle upon any highway, street, road or alley or upon any property, public or private, within the City limits of Fruitland, Maryland. B. Upon determination that a vehicle is disabled, inoperable or junk at any place within the City limits of Fruitland, Maryland, a warning notice will be placed on the vehicle, and the owner or person having charge or control of the vehicle will have seventy-two (72) hours to remove the vehicle. C. Said vehicles not removed within 72 hours will be impounded and stored at the Fruitland police storage lot or a private towing facility until claimed by the proper owner or disposed of in accordance with the Annotated Code of Maryland after thirty (30) days of storage Violations and penalties. A. It shall be unlawful for any person or persons to have, possess, store, maintain, park or let stand any disabled, inoperable or junk vehicle upon any highway, road, street or alley or any private property within the City of Fruitland for more than forty-eight (48) hours. B. Any person violating any provision of this article shall be deemed guilty of a municipal infraction and shall be subject to a penalty as provided in Chapter 1, General Provisions, 1-8 of this Code and shall be subject to impoundment and towing costs as provided in 154-5C of this Code. 16

17 ARTICLE IV Bicycles, Skateboards and Similar Devices Operation on sidewalks. It shall be unlawful for any person to ride a bicycle, moped, skateboard or similar devices and vehicles on any of the sidewalks in the City limits of Fruitland, Maryland Violations and penalties. A violation of this article shall be declared to be a municipal infraction and shall be subject to a penalty as provided in Chapter 1, General Provisions, 1-8 of this Code. 17

18 ARTICLE V Snow Emergencies Purpose. The City manager and City Council recognize the necessity of formulating provisions for the removal of snow from certain main traffic arteries within the City limits. It is the purpose of this article to facilitate such removal by declaring and providing for the removal of parked vehicles from such streets when an emergency is declared Designation of snow emergency routes. The following streets within the City limits are hereby declared snow emergency routes: Name of Street Side Location NOT YET DEFINED [Must be set out.] All such streets shall be duly marked by street signs Declaration of snow emergency. Upon the direction of the City Manager after consultation with the City Council, Chief of Police and such other officials as the City manager shall deem necessary, a snow emergency shall be declared. After the declaration of an emergency all parked vehicles shall be immediately removed from their parking positions on said streets Penalties for parking on snow emergency route. A. The owner of any vehicle parked on a City street during a declared snow emergency shall be subjected to a citation issued by the Fruitland Police Department with a fine in the amount of Fifty Dollars ($50.00). Citations shall be issued under this section only on the approval of the Chief of Police. B. All vehicles found parked on a snow emergency route after the declaration of an emergency shall be towed from said location and stored at a vehicle storage depot at the expense of the registered owner of the vehicle. 18

19 The above Ordinance was introduced and given first reading before the City Council of the City of Fruitland, Maryland at a regular meeting of the City Council held on the 8 th day of May, 2012, and finally passed at a regular meeting of the said City Council held on the 10 th day of July, 2012, having been published and a Public Hearing held, as required by law. ATTEST: FRUITLAND CITY COUNCIL Rae Ellen Taylor, City Clerk Richard Lee Outen, Jr., President Darlene Kerr, Treasurer Gloria J. Ortiz Raymond D. Carey ` Edwin A. Cowell Effective Date: 19