All provisions of the Baltimore City Department of Transportation Book of Standards (2025) are incorporated by reference to <cite data-path="14">this Title</cite>.
<cite data-path="14.02.01">This chapter</cite> establishes rules and regulations for the operation of dockless vehicles in Baltimore City.
In <cite data-path="14.02.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.Adaptive Dockless Vehicle.“Adaptive dockless vehicle” means a dockless vehicle that is accessible to people with a physical disability.
“Adaptive dockless vehicle” includes a motorized or non-motorized:Recumbent bicycle;
Tricycle; and
Hand cycle.
Alternative Deployment Location.“Alternative deployment location” means an area other than a public street.
“Alternative deployment location” includes:A park;
A plaza;
A parking lot;
Private property; or
A transit station.
Applicant.“Applicant” means a person applying for an initial dockless vehicle permit.
“Applicant” does not include a permit holder applying for the renewal of a dockless vehicle permit.
“Application Programming Interface endpoint (API)” means a protocol that enables a software application to:Communicate with another platform; or
Exchange data.
“Beta endpoint” means an API endpoint that has been officially released in a testing mode by its regulatory authority but not formally adopted.
“Block face” means one side of a street between the intersection of two other streets, excluding an alleyway.
“Community event” means an event held by:A community organization as recognized by the City’s Online Community Association Directory; or
Another organization as deemed appropriate by the Director.
“Compliance score” means a calculation of a permit holder’s compliance with the provisions of <cite data-path="14.02.01">this chapter</cite>.
“CPSC” means the U.S. Consumer Product Safety Commission.
“Department” means the Baltimore City Department of Transportation.
“Deployment” means the location where a dockless vehicle is placed by a permit holder when it is made available for rent.
“Deployment district” means a geographic area designated in the Department’s MDS Policy API for tracking the distribution of dockless vehicles.
“Director” means the Director of the Department of Transportation.
“Dockless corral” means a geographic location designated by the Department where a dockless vehicle may be parked.
“Dockless vehicle” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-1|(b)">City Code Article 31, § 38-1(b)</cite>.
“E-bike” has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-1|(d)">City Code Article 31, § 38-1(d)</cite>.
"E-scooter" has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-1|(e)">City Code Article 31, § 38-1(e)</cite>.
“Equitable access” means a process of making dockless vehicles available to the public by removing barriers to use including:Geography;
Income;
Banking status; or
Inclusion in a federally protected class.
“Equity zone” means a geographic location where a dockless vehicle is deployed for equitable access as designated in the official document provided by the Department to a permit holder.
“Fleet” means the total number of dockless vehicles operated by a permit holder in Baltimore City, regardless of whether they are available for rent.
“Genetic information” means genetic markers related to a person’s medical history, including the manifestation of a:Disease; or
Disorder.
“Geo-fencing” means a location-based service that uses GPS or cellular data to identify when a mobile device or dockless vehicle enters or exits a virtual geographic boundary.
“GitHub” means a code hosting platform.
“Low-income population” means a person whose family income is at or below 150 percent of the poverty line
“MDS” means Mobility Data Specification.
“MDS Policy API” means the Open Mobility Foundation standards and code available on GitHub for secure mobility data exchange.
“New permit holder” means a provider of dockless vehicles who has:Not previously been issued a permit to operate on a public street by the Department; or
Not held a permit in the previous year.
Non-deployment Request.“Non-deployment request” means a request from a member of the public to prevent the deployment of a dockless vehicle in front of their property.
“Non-deployment request” includes a vehicle deployed by a dockless vehicle permit holder.
“Non-deployment request” does not include a vehicle parked by a user.
“OMF” means Open Mobility Foundation.
“Overconcentration” means the deployment of more than 25 percent of a permit holder’s fleet in a single deployment district.
“Payment Card Industry Data Security Standards” means the set of guidelines designed to ensure companies that process credit card information maintain a secure environment.
“Parking corral” means an area designated by the Department where a dockless vehicle may be parked.
“Permit” means a dockless vehicle permit as provided in <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-8">City Code Article 31, § 38-8</cite>.
“Permit agreement” means a document that is entered into between the City and a permit holder that:Stipulates required insurance coverage for a permit holder to operate in Baltimore City;
Stipulates that the permit holder is obligated to adhere to applicable laws and regulations to operate in Baltimore City; and
Outlines procedures for the cessation of operations prior to the end of a permit.
“Permit holder” means a provider of dockless vehicles who has been issued a permit by the Department to operate on a public street.
“Permit year” means the period from July 1 to June 30 annually.
“Person” has the meaning stated in <cite data-doc="Md. Code" data-path="ggp|1-107">General Provisions Article § 1-107, </cite>City Code.
“Referral agency” means a government assistance program that provides services to individuals who qualify as low-income.
<em>“</em>Remote shut down notice” means a written communication from the Department sent via e-mail to a permit holder instructing the permit holder to shut down the entirety or a portion of their fleet in Baltimore City.
Seizure.“Seizure” means the act of removing a dockless vehicle in violation of <cite data-path="14.02.01">this chapter</cite> from:City property; or
An area inaccessible to a permit holder.
“Seizure” includes the act of:Towing;
Impoundment; and
Retrieval from a body of water.
“Speed governor” means a device that ensures the motor of a dockless vehicle is incapable of traveling at a speed in excess of a mandated speed limit on level ground.
“Street” has the meaning stated in <cite data-doc="Md. Code" data-path="ggp|1-109">General Provisions Article § 1-109, </cite>City Code.
“Third-party” means a person that is not the permit holder that may access data related to the operation of dockless vehicles.
“Third-party aggregator” means an organization that processes data from one or more sources for use by the City.
“Towing Division” means the Baltimore City Department of Transportation’s Towing Division.
“Tree pit” means an area of the street where a tree is planted.
“Underserved population” means a group of people that:Has limited or no access to resources; or
Is otherwise disenfranchised.
“Vehicle model” means a vehicle of the certain type, but with different features or appearance.
“Vehicle type” means a vehicle that meets specifications in the City’s vehicle code for that vehicle.
“Web Content Accessibility Guidelines (WCAG)” means guidelines published by the World Wide Web Consortium's Web Accessibility Initiative to make web content accessible.
An applicant shall submit an application for a dockless vehicle permit in accordance with the information published on the Department’s website regarding submission processes.
At the time of submission, an applicant shall ensure their application contains:An operations plan that includes:Hours and days of operation, including relevant limitations;
Procedures for responding to extreme weather events;
Procedures for responding to special events;
Procedures for responding to complaints;
Procedures for ensuring availability of dockless vehicles in each deployment district; and
Procedures and avoiding overconcentration of the applicant’s fleet in a single deployment district; and
A maintenance plan that includes:Procedures for ensuring that the applicant’s fleet is:Safe for public use; and
Well-maintained;
A schedule for inspection of the applicant’s fleet;
A description of the training method used for the applicant’s mechanics;
A description of the life expectancy for each component of a dockless vehicle; and
A method of long-term monitoring to ensure the condition of vehicles in the applicant’s fleet.
An applicant shall notify the Department of a change to the noted requirements in <cite data-path="14.02.01.03|B.">§B of this regulation</cite>.
A permit holder shall remit a fee for the issuance of a revocable dockless vehicle permit within 30 days of being awarded the permit.
The Board of Estimates shall:Approve the cost of the fee, which will include the cost of:Issuing the permit;
Program administration;
Associated infrastructure;
Education;
Enforcement; and
Program evaluation; and
Disclose the cost of the fee to a permit applicant before the application deadline.
If a permit holder’s permit is revoked, the Department may not refund a permitting fee paid by the permit holder for the current permit cycle.
The Department may issue up to three dockless vehicle permits annually through:A renewal of an existing permit; or
A competitive application process.
Except as provided in <cite data-path="14.02.01.05|C.">§C of this regulation</cite>, a permit holder shall maintain a daily fleet of two or more vehicle types.
If a permit holder administers an adaptive vehicle program, the permit holder may maintain a fleet of a single vehicle type.
If a permit holder fails to meet one or more of the standards in <cite data-path="14.02.01">this chapter</cite>, the Department shall:Review the performance of the permit holder under the permit issued; and
Assess the violation for a citation in accordance with <cite data-path="14.02.01.26">regulation .26 of this chapter</cite>.
Eligibility Requirements.
A permit holder shall be eligible to renew a permit if the permit holder:Has not had a violation in the permit year prior; and
Is in good standing to conduct business in the State of Maryland.
Renewal Process.
A permit holder may renew a permit by:Signing a renewal agreement that includes current rules and regulations; and
Remitting an annual fee in accordance with <cite data-path="14.02.01.04">regulation .04 of this chapter</cite>.
The Department may renew a permit if a permit holder meets the eligibility requirements in <cite data-path="14.02.01.06|A.">§A of this regulation</cite>.
The Department may revoke a permit in accordance with <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-13">City Code Article 31, § 38-13</cite>.
Revocation Hearing Procedures.A permit holder may request a hearing to determine whether sufficient facts exist to revoke a permit.
The Department shall:Designate a time and place for a revocation hearing;
Provide the permit holder with notice of the hearing at least ten business days before the scheduled date; and
Provide an opportunity for the permit holder to be heard at the hearing.
A permit holder may:Waive the right to an in-person hearing for the revocation of a permit; and
Submit a written opposition to the revocation before the scheduled hearing date in accordance with <cite data-path="14.02.01.07|B.|(4)">§B(4) of this regulation</cite>.
A permit holder shall submit written opposition to:
Following the hearing or the review of a written opposition, the Department shall record its findings of fact in writing.
The Director may revoke a permit if:The Department finds that sufficient grounds exist to revoke a permit; and
The Department provides at least five days’ written notice to the permit holder in advance of the revocation.
A permit holder may appeal the revocation of a dockless vehicle permit to the Director.
In General.A permit holder shall ensure that a dockless vehicle is deployed in compliance with City Code Article 31, § 38-19, Unlawful Parking.
A permit holder shall provide an account for its mobile application to the Department so that Department employees can access a dockless vehicle for free for the purposes of:Education;
A routine vehicle inspection; or
Vehicle repositioning.
A permit holder shall apply speed geo-fencing to a dockless vehicle by using a speed governor to establish a City-wide speed limit of 15 mph except for:In a reduced speed zone as defined in the Department’s MDS Policy API where speeds are limited to eight mph; and
In a no ride zone as defined in the Department’s MDS Policy API where a dockless vehicle is limited to a speed of no more than three mph.
Deployment District Requirements.On each day of service, a permit holder shall deploy to each deployment district:A minimum of 5 percent of their fleet; and
A maximum of 25 percent of their fleet.
Compliance.
The Department shall:Evaluate daily compliance with the requirements in <cite data-path="14.02.01.08|B.|(1)">§B(1) of this regulation</cite> based on at least one hour of compliance between 5:00 a.m. and 9:0 a.m.; and
Notify a permit holder in violation of the requirements in <cite data-path="14.02.01.08|B.|(1)">§B(1) of this regulation</cite> via a compliance score notification.
A permit holder shall redistribute their fleet within three hours of receipt of a compliance score notification from the Department.
Equitable Deployment Requirements.A permit holder shall deploy a minimum of three dockless vehicles per day to each equity zone.
Compliance.
The Department shall:Evaluate daily compliance based on at least one hour of compliance between 5:00 a.m. and 9:00 a.m; and
Notify a permit holder of in violation of <cite data-path="14.02.01.08|C.|(1)">§C(1)</cite><cite data-path="14.02.01.08|C.|(2)">-(2)</cite> of <cite data-path="14.02.01.08">this regulation</cite> via a compliance score notification.
Prohibitions.A permit holder may not deploy a dockless vehicle:Outside of a parking corral on a block face that contains an official parking corral designated by the Department, except as provided in <cite data-path="14.02.01.08|D.|(2)">§D(2) of this regulation</cite>;
In a quantity greater than ten per block face, except as allowed by the Department to accommodate a special event;
On a block face which contains the front entrance to a K-8 school;
In a tree pit or otherwise landscaped area;
In front of a property with an approved non-deployment request in accordance with <cite data-path="14.02.01.08|E.">§E of this regulation</cite>; or
In a location the Department has notified the permit holder that they may not deploy to, beginning 48 hours after the notification.
If a parking corral is full, a permit holder may deploy a dockless vehicle on a block face outside of the parking corral.
Unless a permit holder receives approval from the Department, a permit holder may not designate a public street in Baltimore City as a:No parking zone;
Reduced speed zone; or
No ride zone.
Non-Deployment Requests.A property owner or manager may submit a non-deployment request in writing to the Department for an area adjacent to their property.
The Department shall notify a permit holder:Of an approved non-deployment request; and
That an approved non-deployment request will begin 48-hours after notification.
Severe Weather and Emergencies.If 24-hour advanced notice is provided, the Department may:Suspend the requirements of <cite data-path="14.02.01.08">this regulation</cite>; or
Require the removal of:An entire fleet; or
A portion of a fleet in a defined geographic location.
The Department may require a permit holder to remove a dockless vehicle from:An evacuation route prior to an emergency snow event; and
A low-lying area prior to an emergency flooding event.
Special Events.
The Department may suspend the requirements of <cite data-path="14.02.01.08">this regulation</cite> during a special event.
Temporary Exemptions from Deployment Regulations.A permit holder may apply for a temporary exemption from the deployment requirements in <cite data-path="14.02.01">this chapter</cite>.
A permit holder shall include a plan for communicating operational changes to affected users and the public within the application for temporary exemption.
The Department shall review applications for temporary exemption:Within 24 hours for an application based on an immediate safety concern; and
Within five business days for other exemption requests.
Alternative Deployment Locations.A permit holder shall obtain permission to deploy a dockless vehicle to an alternative deployment location from:The Department;
A private property owner; or
Another City agency.
A permit holder shall communicate the permission to deploy a dockless vehicle in an alternative deployment location via:Signage approved by the entity granting permission; or
A mobile or web application.
Cash Payment Plans.A permit holder shall:Provide the option to rent a dockless vehicle using a cash payment;
Offer at least one cash payment location in each deployment district;
Identify the following on its website and mobile application:The process for making a cash payment; and
The locations where a cash payment option is available;
Provide an instruction document to the Department that summarizes the process to sign up for a cash-payment plan; and
Inform a user of the availability of cash payment option:During initial sign-up; and
Via email at least twice annually.
The Department shall post the instruction document provided for in <cite data-path="14.02.01.09|A.|(1)|(d)">§A(1)(d) of this regulation</cite> to the Department website.
Non-Smartphone Plans.A permit holder shall:Offer the option to rent a dockless vehicle without the use of a smartphone;
Identify the process to rent a dockless vehicle without using a smartphone on its website and mobile application;
Provide an instruction document to the Department that summarizes the process to sign up for a cash-payment plan; and
Inform a user of the availability of cash payment option:During initial sign-up; and
Via email at least twice annually.
The Department shall post the instruction document provided for in <cite data-path="14.02.01.09|B.|(1)|(c)">§B(1)(c) of this regulation</cite> to the Department website.
Low-Income Plans.A permit holder shall offer a low-income plan to users with an income level at or below 200 percent of the federal poverty guideline.
A permit holder shall approve a low-income user by obtaining:Preapproval from a referral agency; or
Proof of assistance, including:Local assistance;
State assistance; or
Federal assistance.
A permit holder shall ensure a low-income plan:Waives an unlock fee for at least four rides per day; and
Offers a minimum 80 percent discount on rental fees for at least four rides per day.
A permit holder shall:Describe the process to sign up for a low-income plan on the dockless vehicle:Website; and
Mobile application;
Notify the Department of a change to verification methods for low-income customer plans;
Provide an instruction document to the Department that summarizes the process to sign up for a low-income plan;
Inform a user of the availability of cash payment option:During initial sign-up; and
Via email at least twice annually.
The Department shall post the instruction document provided for in <cite data-path="14.02.01.09|C.|(4)|(c)">§C(4)(c) of this regulation</cite> to the Department website.
Customer Service Phone Lines.A permit holder shall maintain a live, multilingual 24-hour customer service phone line.
If a caller is required to leave a voicemail when calling the customer service phone line, a permit holder shall respond with a call back within two hours.
A permit holder shall provide a translation or call back within four hours when a message is left by a customer in:Spanish;
French;
Mandarin Chinese; or
Korean.
Web Accessibility.
Within 120 days of receiving a permit, a permit holder shall ensure that its software application used for vehicle rental and website are accessible to visually impaired individuals consistent with the latest WCAG standards.
Compliance Scores – Calculation and Reporting.
The Department shall:Calculate a compliance score to determine compliance for:Equitable distribution of a dockless vehicle fleet; and
Parking of a dockless vehicle fleet; and
Report compliance scores to a permit holder twice per calendar month.
Compliance Requirements – Distribution.To remain compliant with the distribution requirements of <cite data-path="14.02.01">this chapter</cite>, a permit holder shall ensure a minimum compliance score of 85 percent for each reporting period in:A deployment district; and
An equity zone.
Compliance Requirements – Fleet Parking.
To remain compliant with fleet parking requirements, a permit holder shall ensure:No more than 5 percent of a dockless vehicle fleet remains parked for longer than 5 days for the period from April 1 through November 30; and
No more than 10 percent of a dockless vehicle fleet remains parked for longer than 5 days for the period from December 1 through March 31.
Eligibility for Fleet Cap Increase.
To be eligible for a fleet cap increase, a permit holder shall score a minimum of 90 percent compliance for each reporting period inA deployment district; and
An equity zone.
Winter Weather Compliance Exemptions.
On days for which the Baltimore City Public School System implements a modified schedule due to inclement weather, the Department shall grant compliance exemptions for violations of:Distribution;
Equity; and
Five-day parking.
Remote Shut Down Notice Exemptions.
When the Department has issued a remote shutdown notice to a permit holder, the Department shall grant compliance exemptions for violations of:Distribution;
Equity; and
Five-day parking.
Vehicle Approval.A permit holder shall ensure a dockless vehicle model intended for deployment on a public street has been approved by the Director prior to its deployment on the public street.
To deploy a new vehicle model or vehicle type, a permit holder shall submit the following to the Department at least two weeks prior to intended deployment:Vehicle specifications;
A safety certificate;
A deployment plan;
A change to an operations plan, if any; and
A change to a maintenance plan, if any.
A permit holder may not deploy a new vehicle model or type until receiving written approval from the Department.
Required Features – In General.
A permit holder shall ensure a dockless vehicle deployed on a public street:Weighs no more than 100 pounds;
Is equipped with an operational structural feature that allows the vehicle to be stably parked upright without needing to lean on another object;
Is equipped with built-in front and back lights that:Illuminate while the dockless vehicle is in use; and
Are visible from a distance of at least 500 feet under normal atmospheric conditions at night;
Is equipped with a bell or noise emitting device;
Has tires with a diameter of at least nine inches;
Has tactile identification which:Meets State requirements; and
Is located on the stem near the handlebars if handlebars are present; and
Has legible decals listing:The name of the permit holder displayed in a minimum of 16-point font;
The following contact information for a permit holder displayed in a minimum of 16-point font:A toll-free telephone number;
An e-mail address; and
A website address; and
A unique identification number displayed in:A minimum of 48-point font; or
Font that is at least 1 inch in height.
Required Features – E-scooters.
A permit holder shall ensure that an e-scooter deployed on a public street:Has a speedometer that is legible; and
Is equipped with a speed governor capable of throttling speeds to specific speed limits in geographical areas designated in the MDS Policy API.
Data and Information.
A permit holder shall ensure a dockless vehicle and its associated apps do not provide false information, including:An inaccurate speedometer reading; and
An alarm that announces that a vehicle can notify the police.
Additional Requirements.A permit holder shall certify that its deployed vehicles meet:Applicable federal laws;
Applicable State laws;
Applicable provisions of City Code;
CPSC Safety Standards: ISO 43.150 for Pedal Bicycles; and
CPSC Public Law 107-319 for E-Scooters and E-Bicycles.
A permit holder shall certify that each dockless vehicle they deploy in the City are:Free of defects in materials;
Free of defects in construction; and
Safe for members of the public to use in the ordinary course of usage.
The Department shall:Perform regular vehicle inspections to ensure that a rentable dockless vehicle deployed on a public street is:Functioning safely; and
Properly equipped; and
Provide advance notice to a permit holder about the details of an inspection to be performed.
For vehicles found to be in violation of <cite data-path="14.02.01">this chapter</cite>, the Department shall notify a permit holder within 24 hours of inspection.
Upon notification of a violation in accordance with <cite data-path="14.02.01">this chapter</cite>, the Department shall calculate a timeline for compliance that is:
Based on the extent of changes required to a permit holder’s fleet;
No fewer than 60 days; and
No more than 6 months.
User Reported Safety Issue.Upon the first report of a safety issue by a user, a permit holder shall remotely shut down the dockless vehicle so that it cannot be operated until repaired.
If a reported safety issue is due to an equipment malfunction which could be present in additional dockless vehicles, the permit holder shall:Remove their entire fleet of vehicles from the street within 24 hours; and
Ensure the fleet remains off the street until:Further investigation is completed; and
Relaunch is approved by the City.
Remote Shut Down Notice.The Department may issue a remote shutdown notice if it is deemed necessary to protect:The safety of a dockless vehicle user; or
Public safety.
The Department shall ensure a remote shutdown notice includes:The duration of the shutdown period;
The reasoning behind the shutdown;
Which vehicle type the permit holder is instructed to shut down; and
The geographic area within Baltimore City in which the vehicles should be shut down.
Within two hours of receipt of a remote shutdown notice from the Department, a permit holder shall remotely shut down:Part of their fleet, as specified in the notice; or
Their entire fleet, as specified in the notice.
Minimum and Maximum Fleet Sizes.For each permitted vehicle type, a permit holder may initially operate a fleet consisting of:A minimum of 150 dockless vehicles; and
A maximum of 1500 dockless vehicles.
A permit holder’s total fleet may include a combination of vehicle types allowed by their permit if there is a minimum of 150 vehicles of each type.
Adaptive Vehicle Exemptions.The Department may exempt a permit holder that includes adaptive dockless vehicles in their fleet from:The requirement to maintain a minimum of 150 vehicles for adaptive dockless vehicles; and
The requirement to maintain a minimum of 150 vehicles for other permitted dockless vehicle types.
A permit holder that includes an adaptive dockless vehicle in their fleet shall ensure the adaptive dockless vehicle:Is officially approved by the Director; and
Is not included in the count for the maximum number of vehicles allowed in a permit holder’s fleet.
Timelines for Reaching Minimum Fleet Size.A permit holder permitted in the previous year shall reach the minimum fleet size per vehicle type within 20 days of permit issuance.
A new permit holder shall reach the minimum fleet size within 60 days of permit issuance.
A permit holder who introduces a new vehicle type shall reach the minimum fleet size within 60 days of receiving approval of the new vehicle type from the Department.
Fleet Increases.Each quarter, a permit holder may request a fleet increase of up to 250 vehicles in excess of the limits established in <cite data-path="14.02.01.15|A.">§A of this Regulation</cite>.
In reviewing a fleet increase request, the Department shall assess:Performance during the period prior to the evaluation; and
Projections for the subsequent quarter.
The Department may:Set an overall fleet cap; and
Revoke a fleet increase.
In General.A permit holder shall instruct users to:Park a dockless vehicle in compliance with <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-19">City Code Article 31, § 38-19</cite>;
Operate a dockless vehicle in compliance with <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-18">City Code Article 31, § 38-18</cite>; and
Provide end of trip pictures that show:The location a vehicle was parked; and
The manner in which a vehicle was parked.
A permit holder shall use end of trip pictures:When a parking violation is reported by the Department; and
To disable a user account when three or more end of trip pictures fail to provide the information required by <cite data-path="14.02.01.16|A.|(1)|(c)">§A(1)(c) of this regulation</cite>.
Notice and Response.Upon notification that a dockless vehicle is improperly parked, a permit holder shall reposition or remove the vehicle within:Three hours of notification by the Department; and
Six hours of notification by a member of the public.
The Department may perform a check of parking complaint response times, during which the Department may:Report an illegally parked vehicle officially; or
Anonymously report an illegally parked vehicle as a member of the public.
Abandoned Vehicles.
If a dockless vehicle has been parked at the same location and not ridden for five consecutive days, a permit holder shall:Perform a mechanical check of the dockless vehicle; and
Relocate the dockless vehicle to another block face.
Mobile Application Requirements.
A permit holder shall:Ensure a dockless vehicle mobile application displays:Applicable operating laws within four menu selections from the home screen; and
The location of parking corrals installed by the Department; and
Provide a discount through the mobile application to a user who ends their trip by parking a dockless vehicle in a parking corral installed by the Department.
Upload the location of parking corrals installed by the Department to a dockless vehicle mobile application within 10 days of notification from the Department.
No Parking Zones.The Department may establish a no parking zone on the public street in accordance with <cite data-path="14.02.01.16|E.|(2)">§E(2) of this regulation</cite>.
For a no parking zone established in accordance with <cite data-path="14.02.01.16">this regulation</cite>, the Department shall:Identify the no parking zone in the MDS Policy API; and
Notify a permit holder of the no parking zone through the MDS Policy API.
Within 72 hours of notification from the Department, a permit holder shall prohibit a user from ending a trip in a no parking zone.
No Operation Zones.The Department may establish a no operation zone on the public street in accordance with <cite data-path="14.02.01.16|F.|(2)">§F(2) of this regulation</cite>.
For a no operation zone established in accordance with <cite data-path="14.02.01.16">this regulation</cite>, the Department shall:Identify the no operation zone in the MDS Policy API; and
Notify a permit holder of the no operation zone through the MDS Policy API.
The Department shall ensure compliance with a no operation zone via testing of vehicles.
Within 72 hours of notification from the Department, a permit holder shall ensure their vehicles lose electric assistance or drive when a user rides into a no operation zone.
Reduced Speed Zones.The Department may establish a reduced speed zone on a public street in accordance with <cite data-path="14.02.01.16|G.|(2)">§G(2) of this regulation</cite>.
For a reduced speed zone established in accordance with <cite data-path="14.02.01.16">this regulation</cite>, the Department shall:Identify the reduced speed zone in the MDS Policy API; and
Notify a permit holder of the reduced speed zone through the MDS Policy API.
The Department shall ensure compliance with a reduced speed zone via testing of vehicles.
Within 72 hours of notification from the Department, a permit holder shall ensure their vehicles are limited to eight miles per hour when a user rides into a reduced speed zone.
A permit holder will be subject to the compliance inspection process in <cite data-path="14.02.01">this chapter</cite>, including the issuance of a warning or citation, if a violation of the provisions of <cite data-path="14.02.01.16">this regulation</cite> occurs.
The Department may seize a dockless vehicle if:A permit holder fails to comply with a request to reposition or remove a vehicle in accordance with <cite data-path="14.02.01">this chapter</cite>; or
A dockless vehicle is in a location where it cannot be accessed by a permit holder.
At the time of seizure, the Department shall:Notify the permit holder in accordance with <cite data-doc="City of Baltimore, Md., Code" data-path="|31|§38-24">City Code Article 31, § 38-24</cite>;
Take pictures that indicate that the dockless vehicle is in violation of <cite data-path="14.02.01">this chapter</cite>;
Record the identification number of the dockless vehicle; and
Record the property number assigned to the dockless vehicle by the Towing Division.
If the Department seizes a dockless vehicle, the Department shall charge a permit holder the following fees from the refundable performance bond:$220.00, for five or fewer e- scooters seized at the same time;
$220.00, for more than five e-scooters seized at the same time, plus $44.00 per each e-scooter beyond the fifth;
$220.00, for three or fewer bicycles or e-bicycles seized at the same time; and
$220.00, for more than three bicycles or e-bicycles seized at the same time, plus $73.33 per bicycle or e-bicycle beyond the third.
After the first 48 hours from the initial seizure date, the Department may charge a permit holder $15.00 for each 24-hour period for each group of:Up to five e-scooters; or
Up to three bicycles or e-bicycles.
Recovery of Seized Vehicles.A permit holder shall retrieve a seized dockless vehicle from:
A permit holder shall notify the Towing Division of the person who will retrieve a seized vehicle by calling 410-396-9958 or 410-545-3417.
A permit holder shall provide in-app user education on proper operation of a dockless vehicle by:Developing an in-app quiz for new users that:Contains a minimum of five questions approved by the Department pertaining to:Parking;
Operations; or
General safety; and
Requires a score of at least 80 percent before the third rental of a dockless vehicle by a user; and
Displaying a banner on the app home screen for up to one week of each month that highlights relevant information determined by the Department.
A permit holder shall provide in-person user education on proper operation of a dockless vehicle by:Hosting or participating in a minimum of one community event per deployment district annually to display safety information;
Attending a minimum of two community events annually between November and February; and
Attending a minimum of four public meetings upon invitation by the Department.
Access to Additional User Data.A permit holder may request that users “opt in” to provide access to:Location services; or
Files on a user’s phone.
A permit holder may not prevent use of a dockless vehicle based on a user’s decision to grant or deny the data noted in <cite data-path="14.02.01.18|C.|(1)">§C(1) of this regulation</cite>.
Departmental Survey.
Within 10 days of notification by the Department, a permit holder shall:Include a clickable link to a yearly Department survey in the mobile application; and
Send the survey link to active users via e-mail.
The Department may require a permit holder to provide staffing for special events expecting over 5,000 attendants in accordance with <cite data-path="14.02.01.19">this regulation</cite>.
Upon notification from the Department, a permit holder shall be required to:Designate an individual as a staff contact for event organizers;
For events expecting 5,000-9,999 people in attendance, provide up to two staffers for:Up to one hour before the event;
During the event; and
Up to one hour after the conclusion of the event;
For events expecting over 10,000 people in attendance, provide up to three staffers for:Up to one hour before the event;
During the event; and
Up to one hour after the conclusion of the event.
Except as provided in <cite data-path="14.02.01.20|B.">§B of this regulation</cite>, a permit holder may not:Set a higher price for the use of a dockless vehicle in a certain part of the City; or
Base pricing on a users’:Inclusion in a federally protected class;
Genetic information; or
Citizenship.
A permit holder may use a pricing variation to:Incentivize proper operation of a dockless vehicle; or
Increase usership among underserved or low-income populations.
A permit holder shall ensure that user engagement, including participation at required community events, is inclusive of:Underserved populations; and
Low-income populations.
A permit holder may not:Use the name of a City agency, including the Department, without prior written approval;
Use the logo of a City agency, including the Department, without prior written approval’ and
Use the following to display third-party advertising:A dockless vehicle;
A mobile application;
A kiosk;
Related physical infrastructure; or
Related web-based infrastructure.
GPS.
A permit holder shall ensure each dockless vehicle in their fleet is equipped with on-board GPS technology that does not rely on a user’s mobile device to obtain spatial information.
Publicly Accessible Application Program Interface (API).The permit holder shall provide a publicly accessible API.
The permit holder shall ensure that:The public API is in a gbfs.json file format;
There are no “stations” in the parlance of GBFS, therefore both station_status.json and station_information.json should return an empty list;
FreE-Bicycle-status.json is required;
The field “vehicle_type” is added to the public API to describe the vehicle type, which may be:“Bicycle”;
“E-Bicycle”;
“Scooter”; or
Another type of specified permitted vehicle;
The Department is instructed on how to request authentication, if the public API requires authentication;
The location of the public API is provided to the Department; and
A smart phone-based application used to rent dockless vehicles is not considered the public API program interface required by <cite data-path="14.02.01.22|B.|(1)">§B(1) of this regulation</cite>.
The permit holder shall provide access to at least 50 requests per hour.
The Department shall post the location of the public API to the Department’s website.
Mobility Data Specification (MDS) Policy API.A permit holder shall:Provide an MDS Policy API to the Department for a dockless vehicle trip in Baltimore City, including trips which:Start in Baltimore City;
End in Baltimore City; or
Pass through Baltimore City;
Adhere to an MDS of 1.0 or newer, as set by the OMF;
Post the MDS Policy API on GitHub under the OMF Mobility Data specification;
Provide API endpoints, including:A trip;
A status change;
A vehicle; and
Real-time data;
Update or add endpoints to the MDS Policy API within:Sixty days of notification from the Department for required published endpoints; and
Ninety days for beta endpoints;
Change vehicle status to ‘Unknown’ if a vehicle is suspected to be:Vandalized; or
Missing for five or more days;
Ensure GPS data are transmitted from a dockless vehicle on-trip at a minimum frequency of once per 30 seconds;
Develop and maintain a working Wi-Fi connection to ingest MDS Policy API endpoints provided by the Department; and
Share current data through the MDS Policy API at least once per 24 hours.
The Department may require additional or updated endpoints published by OMF.
The Department may share the MDS Policy API with a third-party aggregator in accordance with <cite data-path="14.02.01.22|C.|(4)">§C(4) of this regulation</cite> for the purpose of:Secure data storage; and
Analysis.
To share data with a third-party aggregator in accordance with <cite data-path="14.02.01.22|C.|(3)">§C(3) of this regulation</cite>, the Department shall enter into a memorandum of understanding with a third-party aggregator that:Includes a provision governing the public release of data by a third-party aggregator; and
Is made available for a permit holder to review prior to being finalized.
Reporting.Time Sensitive Reports.
A permit holder shall report the following to the Department within 24 hours of notice:Non-deployment request at a location by an adjacent property owner for verification by the Department;
A vehicle that is in a location where the permit holder cannot retrieve it, including a body of water; and
An issue that could affect public safety, including:A report of criminal activity involving a dockless vehicle;
A report of a crash involving a dockless vehicle;
Contact with the Baltimore City Police Department;
Contact with the Baltimore City Fire Department; or
A defect in equipment.
Monthly Reports.
A permit holder shall provide the Department with a monthly report by the tenth business day following the final day of the month which:Uses the Department’s reporting template;
Is in Excel or CSV format;
Includes:A report of each dockless vehicle lost due to theft or vandalism;
Aggregated repair information on a permit holder’s dockless vehicle fleet by model of vehicle and type of repair;
Each illegal parking request from the public;
Each customer complaint received with response time noted;
A record of attendance at a City meeting;
The number of people in attendance at a community event;
A summary of marketing efforts;
The number of users that took a trip on a dockless vehicle during the reporting period;
The number of rides by low-income pass users during the reporting period;
The number of rides by cash users during the reporting period;
The number of rides by non-smart phone users during the reporting period;
The number of users provided for in <cite data-path="14.02.01.22|D.|(2)|(c)|(ix)">§(2)(c)(ix)</cite><cite data-path="14.02.01.22|D.|(2)|(c)|(xi)">-(xi)</cite> of <cite data-path="14.02.01.22">this regulation</cite> disaggregated by the type of plan and user home zip code;
The number of users of the low-income pass; and
An update to maintenance or operational plan.
Software Issues and Hacking Events.
A permit holder shall:Notify the Department of a change to a data portal, including a response to a notification from the Department regarding:A software glitch;
An issue with hacking; or
A data portal;
Acknowledge a notification from the Department about data and reporting within 24 hours;
Provide the Department with a plan for addressing an identified problem;
Provide a progress update to the Department once per 48 hours while the problem persists; and
Permanently fix an issues within 60 days of receiving notice of the problem.
User Privacy.
A permit holder shall protect user privacy by:Complying with Payment Card Industry Data Security Standards for an electronic payment;
Notifying a user of a mobile device feature that the mobile application accesses; and
Not releasing personal user data to an entity:Unrelated to operations; or
That intends to use the data in a commercial sale to a third party.
Security Bond.A permit holder shall provide a security for performance in the amount of $10,000 to the Department.
A permit holder shall ensure the security is in the form of:A performance bond;
A refundable bond; or
Another security acceptable to the City.
Rental Taxes.A permit holder shall remit a rental tax to the Department of Finance twice annually in accordance with <cite data-path="14.02.01.23">this section</cite>.
January – June.The Department shall invoice a permit holder by July 15 for the tax provided for in <cite data-path="14.02.01.23|B.|(2)|(b)|(i)">§B(2)(b)(i) of this regulation</cite>.
The permit holder shall:Pay a tax of $0.10 per rental for dockless vehicle rentals between January 1 and June 30 annually; and
Remit the tax within one calendar month after receiving an invoice from the Department.
July – December.The Department shall invoice a permit holder by January 15 for the tax provided for in <cite data-path="14.02.01.23|B.|(3)|(b)|(i)">§B(3)(b)(i) of this regulation</cite>.
The permit holder shall:Pay a tax of $0.10 per rental for dockless vehicle rentals between July 1 and December 31 annually; and
Remit the tax within one calendar month after receiving an invoice from the Department.
A permit holder shall submit the following to the Department with each remitment of the annual tax:A list of the total number of transactions during the reporting period; and
A digital copy of:Payments during the reporting period; and
Transactions during the reporting period.
Authorization to Draw Against Security.
The City may deduct from the security provided by a permit holder to recover incurred costs if:A permit holder fails to remove from the public street a dockless vehicle that is:Unsafe;
Unpermitted; or
Abandoned;
The Department seizes a dockless vehicles due to a violation of these regulations; or
A permit holder’s dockless vehicle causes damage to public property.
Notification.
If the City intends to deduct from a permit holder’s security as provided in <cite data-path="14.02.01.24|A.">§A of this regulation</cite> the Department shall provide written notice to a permit holder prior to the deduction which states:The reason for the deduction;
The amount of the deduction;
Information on submission of an objection to a deduction in accordance with <cite data-path="14.02.01.24|C.">§C of this regulation</cite>.
Objection Submission.
A permit holder may submit an objection to a planned deduction to their security bond:In writing; and
Within 7 days of the date of the written notice.
Notification of Outcome.The Department shall provide a permit holder with written notification of a decision rendered regarding their objection which:Provides the reason for denying the objection; or
Confirms acceptance of the objection.
The Department shall send the notification to the permit holder three days before a deduction is made.
Required Insurance.
A permit holder shall procure and maintain the coverage required in the permit agreement during:The term of an initial dockless vehicle permit; or
The renewal of a dockless vehicle permit:
A permit holder shall name The Mayor and City Council of Baltimore as an additional insured on the permit holder’s:Commercial general liability insurance; and
Commercial automobile liability policies.
A permit holder shall indemnify the Mayor and City Council of Baltimore from liability relating to:The issuance of a dockless vehicle; or
The provision of services under a dockless vehicle permit.
The City shall notify a permit holder before resolution or settlement of claims for which the City will seek indemnification.
The Department may:Issue a citation under <cite data-doc="City of Baltimore, Md., Code" data-path="|1|§40-14">City Code Article 1, § 40-14</cite> to a permit holder found to be in violation of:<cite data-path="14.02.01">This chapter</cite>; or
<cite data-doc="City of Baltimore, Md., Code" data-path="|31">City Code Article 31</cite>, Subtitle 38; or
Issue a citation under <cite data-doc="City of Baltimore, Md., Code" data-path="|1|§41-14">City Code Article 1, § 41-14</cite> to a permit holder found to be in violation of:<cite data-path="14.02.01">This chapter</cite>; or
<cite data-doc="City of Baltimore, Md., Code" data-path="|31">City Code Article 31</cite>, Subtitle 38.
Notification of Violation.
If a permit holder is found to be in violation during a compliance inspection, the Department shall:Issue a first warning to the permit holder noting the violation;
Issue a second warning to a permit holder if the violation recurs within 60 days of the first warning; and
Issue a citation if the violation recurs within 60 days of the second warning.
Abatement Period.
The Department shall:Grant an abatement period to a permit holder to fix a violation; and
Issue an additional citation to a permit holder who commits an additional violation within 60 days of a granted abatement period.
AppealsA permit holder may appeal:A civil citation to the District Court of Baltimore City; or
An environmental citation to Environmental Control Board.
For a citation issued in accordance with <cite data-path="14.02.01.26|D.|(1)|(b)">§ D(1)(b) of this regulation</cite>, a permit holder may appeal a decision rendered by the Environmental Control Board to the Circuit Court.
These rules and regulations are promulgated by the Baltimore City Department of Transportation (“DOT”) pursuant to <cite data-doc="City of Baltimore, Md., Code" data-path="|26">City Code Article 26</cite>, Subtitle 15.
These rules and regulations are in addition to all applicable laws found in <cite data-doc="City of Baltimore, Md., Code" data-path="|26">Baltimore City Code Article 26</cite>, other applicable sections of Baltimore City Code, and Maryland State Code.
Scope of Regulations.These rules and procedures are intended to ensure proper excavation of the public way;
These rules and procedures are intended to ensure complete restoration of the public way to match preexisting conditions; and
These rules and procedures are intended to ensure the proper use of the public way while work is ongoing.
In <cite data-path="14.03.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined."ADA" means the federal Americans with Disabilities Act.
Bicycle Facility."Bicycle facility" means infrastructure to accommodate or encourage bicycling.
"Bicycle facility" includes a:Bike lane;
Bike parking facility;
Storage facility; or
Shared roadway specifically designated for bicycle use.
"Blanket permit" means an authorization that allows a person to undertake an action related to a street cut in the right-of-way without first applying for a street-cut permit for that location.
"Book of Standards" means the Baltimore City Department of Transportation Book of Standards, which is incorporated by reference into <cite data-path="14">this title</cite>.
"Crosswalk" means a pedestrian crossing delineated by:A pavement marking; or
Signage.
"Decorative surface" means a non-functional, ADA-compliant element installed to aesthetically enhance or otherwise embellish a right-of-way.
"Demarcation materials" means a warning surface treatment applied to an affected roadway, including a:Flex post;
Monolithic curb; or
Vertical barrier.
"Department" means the Baltimore City Department of Transportation.
"Directional boring" means a trenchless method of installing underground conduit and facilities with minimal impact along a prescribed underground path.
"Director" means the Director of Transportation or the Director's designee.
"Duration" means the time during which an activity required by a street cut occurs.
"Emergency" means a situation that arises as the result of an unforeseen event in which excavation is needed to abate imminent potential danger to life, health, or property.
"Excavation" has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|26|§15-1|(d)">City Code Article 26, §15-1(d)</cite>.
Facility."Facility" means utility infrastructure used for the provision of services.
"Facility" includes infrastructure for the transportation of:Water;
Energy; and
Telecommunications.
"Landscaped area" means an outdoor space improved with living vegetation or synthetic material designed to be visually appealing.
"Pavement marking" means a device or material that is used on a road to demarcate lanes and conduct traffic.
"Pavement type" means a reference to the material from which a road is constructed, including:Flexible material;
Rigid material; or
Composite material.
"Performance security" means a:A performance bond;
An irrevocable letter of credit;
A cash deposit; or
A combination of the items noted in <cite data-path="14.03.01.02|B.|(18)|(a)">§B(18)(a)</cite><cite data-path="14.03.01.02|B.|(18)|(c)">-(c)</cite> of <cite data-path="14.03.01.02">this Regulation</cite>.
Person."Person" has the meaning stated in <cite data-doc="City of Baltimore, Md., Code" data-path="|general|§1-107">City Code General Provisions Article, §1-107</cite>.
"Person" includes a government entity that performs work on the right-of-way.
"Primary street" means an arterial road as defined by the Department.
"PROWAG" means the Federal Public Rights-of-Way Accessibility Guidelines.
Right-of-Way (ROW)."Right-of-way" means an area intended to facilitate the movement of pedestrians that falls within the boundary lines of a public:Street, including a curb;
Alley;
Sidewalk;
Footway; or
Property otherwise owned or controlled by the City of Baltimore.
"Right-of-way" includes a public way as it is referred to in <cite data-doc="City of Baltimore, Md., Code" data-path="|31">Article 31 of the Baltimore City Code</cite>.
"Right-of-Way (ROW) permit" means a permit, including a street-cut permit, issued by the Department that allows temporary use of the public right-of-way to perform work related to facilities.
"Separate offense" means each day that a violation continues.
"Stop work order" means the issuance of an administrative order by the Department to cease work at an excavation site due to a violation of:The Baltimore City Code;
A regulation adopted under the Code of Baltimore Regulations Annotated; or
A condition of the permit until the violation is abated.
"Street cut" means work which involves excavating a road.
"Street-cuts permit" means a permit required by or issued under <cite data-doc="City of Baltimore, Md., Code" data-path="|26|15">subtitle 15, of Article 26 of the Baltimore City Code</cite>.
"Traffic Control Plan (TCP)" means an arrangement intended to preserve safe pedestrian and vehicular traffic to the greatest extent possible for the duration of work in a road.
"TMC" means the Department's Transportation Management Center.
"Traffic control channelization device" means a device used to:Warn roadway users of conditions created by work activities in or near the road; and
Guide roadway users for the duration of the work.
"Unsafe condition" means an unsatisfactory physical condition existing at a street cut location that has the potential to result in injury, death, or property damage if not corrected.
"Utility" means a person that owns or operates facilities used to provide a transmittable service to customers, including:Electrical service;
Gas service;
Water service;
Sewer service, including stormwater drainage; or
Telecommunication networks.
Unless the work qualifies as an emergency excavation under <cite data-doc="City of Baltimore, Md., Code" data-path="|26">City Code Article 26</cite>, §15-13, no person, including a City agency, may excavate in a Public Way without first obtaining a Street-cuts permit.
Directional Drilling is not permitted within the City Right-of-Wayfor electrical utilities and facilities,
for other utilities and facilities, including sanitary and gas lines, without prior written approval from the Director.
An application for a Street-cuts Permitshall include the following information:applicant name and contact information;
contractor name and contact information;
work location and address;
description of proposed work;
information for the Street-cut including:requested start date and time;
requested end date and time;
street lane, bicycle facility or sidewalk closures;
use of steel plates;
length, depth and width of any trench;
work which will occur on weekends;
work which will occur at night;
a Traffic Control Plan (“TCP”), if required;
estimated number of Street-cuts; and
drawing showing the location, type, size, and TCP.
shall provide evidence of Performance Security in an amount specified on the DOT website at transportation.baltimorecity.gov/A single Performance Security may be used for multiple permits by the same contractor as allowed by the Department.
Contractors who fail to maintain a minimum Performance Security, as determined by the Director, shall be prohibited from working in the Public Way, unless specifically authorized by the Director.
shall provide a point of contact in case of emergency that includes:a name, email address, and phone number;
someone who is available on a 24-hour basis.
An applicant shall be required to submit the following for a permit:Drawings or acceptable sketches which shall include or identify:the size and location of each Street-Cut;
pavement restoration details;
pavement type; and
work that impacts any traffic on one of the following roadway classes, as defined by Roadway Functional Classification map located at https://transportation.baltimorecity.gov:Collector,
Minor Arterial,
Other Principal Arterial,
Freeway and Expressway, or
Interstate Principal Arterial.
a final pavement marking plan consistent with the applicable requirements for pavement marking as set forth in the Book of Standards issued by the Department of Transportation and the Department of Public Works (“DPW”) (the “Green Book”), including:bicycle facilities;
parking facilities;
crosswalks; and
other pedestrian pavement marking.
Within 5 days of application submission, an applicant shall submit a color photograph including:the current pavement condition of the right-of-way;
the date; and
a time stamp.
An applicant is required to submit a Traffic Control Plan (“TCP”).Traffic Control Plans are required when any of the following conditions exist:sidewalk closure or detour;
bicycle facility closure or detour; or
roadway closure or detour on a roadway.
All lanes in the roadway shall be treated as travel lanes, unless clearly marked as a parking lane by a solid white line.
A TCP shall include:a site plan covering 2 to 3 blocks in each direction from the construction site;
the installation and location of advanced warning signs which include:for any roadway lane closure, a minimum of the following three advanced warning signs installed at least 300 feet apart, unless a request to change the spacing is submitted for prior approval:Road Work Ahead,
Right/Left/Center Lane Closed Ahead, and
a transition sign for the lane being closed.
for a parking lane closure, no arrow board is required; however, the following three advanced warning signs shall be installed at least 300 feet apart:Road Work Ahead,
Curb Lane Closed Ahead, and
a transition sign for the lane being closed.
for the closure of multiple roadway lanesan arrow board is required for each lane being closed, and
the placement of advanced warning signs as required by the Manual on Uniform Traffic Control Devices (“MUTCD”).
a flagging operation and multiple lane closure for utility cuts and work areas that extend more than 10 feet from the curb lane;
when a flagging operation is provided for by the applicant or required by the Department:all directions of travel must be controlled by a flagger;
it must be noted on your application when working at a signalized intersection; and
advanced warning signage must include Flagman Ahead signs;
road closure detours shallbe clearly signed to direct traffic around the road closure and reestablish travel back to the road after the closure;
include the following advanced warning signs:Road Closed Ahead,
Detour ahead, and
Road Closed;
include a physical barrier at the actual road closure for all directions of travel;
roadway classification;
a note to contact TMC each work morning prior to start of work and each afternoon at end of work;
all affected bicycle and pedestrian facilities and the traffic control for each;
traffic control channelization devices to be used;
location of all steel plates in the area affected;
information as to any pedestrian detours which shall:maintain a minimum 4 foot ADA accessible path for pedestrians when work is conducted on a sidewalk:the ADA accessible pathway may be located in a parking lane, and
shall have an appropriate physical barrier between vehicles and pedestrians;
if a sidewalk is to be closed, the closure must be at the nearest intersection crosswalk with signs directing pedestrians across the street, andthe sidewalk on the opposite side of the street must be ADA accessible, and
must include a ramp and 4-foot pedestrian pathway;
information as to any bicycle facility detours which shall provide for or adhere to the following:lane and road closures include lane transitions for bicyclists, and
if the bicycle lane cannot be maintained, an explanation of why it cannot be maintained and an alternate route for the bicyclist; and
if a bicyclist must use the sidewalk as an alternate route, warning signage must include:Bike Lane Closure, and
Dismount and Walk Bicycle on Sidewalk;
any other TCP control needed for unique locations or work;
for Emergency work performed under a blanket permit, a trained and certified emergency traffic manager shall be on-site at all times until the contractor has provided the Department with a TCP which is approved.
The following conditions, if not immediately corrected, constitute a violation of the Street-cuts permit and may result in a fine or issuance of a Stop work order:failure to obtain an approved TCP when required to do so,
failure to maintain at the work site a copy of the approved TCP for inspection, or
failure to adhere to the conditions of the TCP.
No equipment, materials, or other construction matter is permitted to be staged or stored, in bicycle facilities, on sidewalks, or within other non-motorized travel facilities unless the contractor obtainsprior written approval, and
any additional required permits.
Applications for a Street-cuts permit areprocessed through the DOT Right-of-Way Permits Section which is located at 401 East Fayette Street, Lower Level, Baltimore, Maryland 21202;
on the DOT website under Quick Forms; and
submitted by email with all required information to <u>row.permit.documents@baltimorecity.gov</u>.
The applicant listed on a Temporary Use Right-of-Way Permitis responsible for all work performed under the permit, including but not limited to any subcontractor; and
will receive any notice from the Department concerning the work.
A Street-cuts permit shall be issued uponthe provision of the required information,
receipt by DOT of the required permit fees,
payment of the required Performance Security, and
correction of outstanding or unresolved deficiencies with existing permits.
It is the contractor’s responsibility toschedule the work, and
notify DOT of completion of the workwith sufficient time for the work to be inspected and approved prior to the expiration of the permit; and
sufficient time constitutes notice to DOT a minimum of 48 hours prior to the expiration date of the permit.
Notice to DOT of an Emergency Excavation shall be made bycalling the Street-cuts Section, at 410-396-2889, between the hours of 7 am and 4:30 pm Monday-Friday;
calling the TMC, at 443-984-2189, 24 hours a day; or
email to <u>streetcuts@baltimorecity.gov</u>, 24 hours a day.
A Blanket Permit shall be issued to a utility provider or the Department of Public Works (“DPW”) for Emergency Excavations only.A Utility provider with a Blanket Permit shall complete a permit application within18 hours of beginning the emergency excavation, or
the next business day.
Emergency Excavations shall be inspected by DOT Street-cuts Section prior to backfilling of the excavation.The utility provider shall notify DOT Street-cuts Section that the excavation is ready for inspection.
Notice shall be made as set forth in <cite data-path="14.03.01.05|C.">Regulation .05.C</cite>.
A Street-cut permit fee shall be assessed in accordance with a fee schedule, established by the Director and approved by the Board of Estimates (“BOE”).Street-cut permit fees are in addition to the Temporary Use of the Right-of-Way Permit fee.
Current Street-cut permit fees are posted on the DOT website at transportation.baltimore.gov/quick-forms.
Additional fees may be assessed as provided in these regulations and allowed by law.
Any person doing excavation work shall:always maintain the Street-cut permit on site, and
exhibit the permit when requested to do so by the Department.
If an excavation is interrupted by an agency of Baltimore City, the permittee shallnotify DOT Street-cuts Section immediately, and provide the following information:permit number,
location of excavation,
City agency involved in the interruption,
City agency contact person,
City agency work order number,
expected length of the interruption, and
procedures taken to secure the site.
Upon verification of an interruption caused by an agency of Baltimore City, the Street-cuts Section shall notify the permittee ofadditional time allowed under the permit to account for the interruption, and
any additional requirements pertaining to the permit.
Prior to being given permission to disturb existing bicycle facilities, an applicant for a Street-cut permit shall provide proof that no alternative to such action is available. D. When restoring an open Street-cut a permittee must:comply with all conditions and requirements of the permit;
conform with current rules, regulations, and standards of Baltimore City; and
ensure restoration matches preexisting conditions.
Prior to beginning work in any roadway, the permittee shallmeet with the Traffic Division to review and develop a pavement marking plan for the affected roadway; and
where the affected roadway has bicycle facilities, meet with the Traffic Division and the Bicycle Planning Section to review and developa pavement marking plan, and
demarcation materials.
When an Order to Remove or Relocate a Pole is issued by the Department it shall:be in writing and signed by the Director or the Director’s designee; and contain the following:name of the permit holder,
facts that support issuing a pole removal or relocation order, and
the location of the pole.
The Order shall be served by:delivery to any employee, agent, contractor, or sub-contractor of the permit holder on site;
mailing or emailing a copy of the order to the address on file for the permit holder; or
sending a facsimile to the permit holder to the fax number on file for the permit holder.
The location of the pole shall not create non-compliance with the ADA.
Regardless of cut type, repairs will be done in accordance with Baltimore City DOT Standards.The Book of Standards is located on DOT’s website at:
<u>https://transportation.baltimorecity.gov/transportation/bookofstandards</u>.
The DOT Street Cuts Section has the authority to increase the requirements of pavement restoration beyond minimum standards shown in the standard details based onsite conditions, and
Street-cuts permit application information.
Applicants and contractors shall adhere to the Street-cuts policies contained in these regulations; however,the Director has the discretion to permit exceptions to this policy under special circumstances; and
such exceptions shall be approved by the Director in writing.
The following are additional requirements for pavement repairs:when a utility cut is within 5 feet of a new or preexisting cut, both cuts shall be encapsulated into a single patchby milling away the intervening existing surface to allow for a single surface patch when one cut is preexisting and one cut is new; or
by combining the cuts into a single full-depth patch when both cuts are new; and
combined patches are subject to applicable Baltimore City DOT Standards.
During resurfacing, the longitudinal pavement joints shall be constructed within 6 inches of the lane lines and not within the travel lanes.
If more than 50 percent of an asphalt or asphalt overlaid (composite) roadway is disturbed during longitudinal or transverse trenching, the entire block shall be milled and resurfacedfrom curb to curb, or
to the median curb, if applicable.
The entire intersection must be milled and resurfaced ifan asphalt or asphalt overlaid (composite) intersection is trenched diagonally, or
more than 50 percent of the intersection is disturbed during longitudinal and/or transverse trenching.
All utility cuts must be backfilled and compacted in accordance withBaltimore City Standards outlined in Article 32.01.10 of the City of Baltimore Department of Public Works Specifications for Materials, Highways, Bridges, Utilities, and Incidental Structures (the “Green Book’);
the standards are found at <u>https://generalservices.baltimorecity.gov/gs-majorprojects/greenbook</u>.
Suitable fill material must be placed in 6-inch lifts and tamped with a mechanical tamper; andmaterial one foot below subgrade must be compacted to 92 percent,
material in the top one foot must be compacted to 97percent; and
compaction of all material must be per the Modified Proctor ASTM D1557 (“AASHTO T180”).In lieu of borrow, CR-6 or excavation fills, #57 stone may be used; and
it must be placed in no greater than one-foot lifts and tamped with a mechanical tamper.
Crusher Run Aggregate (“CR-6”) or Graded Aggregate Base (“GAB”) must be used for the proposed roadway paving sub-base, andmust meet the requirements of Article 32 11 23.10 of the Green Book; and
Recycled Concrete (“RC-6”) may not be used for the sub-base material.
The Contractor must supply compaction testing results forany paving patch greater than 1,000 square feet in area, and
any trench longer than 100 feet.
A permittee must submit to the Department, at streetcuts@baltimorecity.gov, within 24 hours of the compaction:a copy of the compaction test results;
relevant location;
work date(s), and
designated permit number
Final pavement restorations must include:removal of temporary backfill;
properly squaring off all Street-cuts to the bottom of the sub-base;
proper permanent backfills and compaction as specified in <cite data-path="14.03.01.07|C.|(5)">Regulation .07.C(5)</cite>;
permanent street restoration as specified inthese Street-cuts regulations;
the City of Baltimore DOT Standards; and
the DPW Green Book;
the patch must be installed so that it will remain flush with the surrounding pavement for 1 year after the work has been completed, inspected, and approved.
For utility upgrades and repairs that are performed in advance of a scheduled DOT contract, DOT may, at its sole discretion, allow the permit holder to provide temporary pavement repairsbased upon the timing of the work in relation to the DOT contract schedule and the extent of the proposed trench excavations necessary for the utility work;
the type of temporary repair to be allowed will be decided by the Department on a case-by-case basis; and
the temporary pavement trench repair must conform to the current backfill procedures.
If the permittee uses steel plates to secure the public way during construction, they shall conform to:the Green Book; and
Baltimore City DOT Book of Standards.
Crosswalks.
In executing a street cut that disturbs a crosswalk, a person shall ensure that:The crosswalk is restored in accordance with the "Continental Crosswalk" style standards outlined in the Book of Standards;
Notwithstanding the provisions of <cite data-path="14.03.01.07|G.|(1)">§G(1) of this regulation</cite>, the crosswalk is restored with a decorative surface that:Matches the characteristics of a preexisting decorative surface; and
Is in accordance with standards provided by the Department when applicable;
Each portion of a disturbed crosswalk is restored, including a portion of a disturbed crosswalk that is:Faded;
Missing; or
Otherwise noncompliant with an expected standard.
The crosswalk is restored from curb to curb, unless the undisturbed portion of the crosswalk is:Compliant with the Book of Standards; and
In good condition, meaning it is:In new or like-new condition;
Free of fading;
Free of peeling; and
Not otherwise defective in a way that reduces its visibility;
Notwithstanding the provisions of <cite data-path="14.03.01.07|G.|(4)">§G(4) of this regulation</cite>, the crosswalk is restored from curb to curb when trenching is done lengthwise through the crosswalk; and
When required by the Department to resurface an intersection in its entirety, each abutting crosswalk is restored as required by <cite data-path="14.03.01.07|G.|(4)">§G(4) of this regulation</cite>.
If a public or private utility owns a facility, or is planning to perform work, in a right-of- way that is scheduled to be repaved by the Department of Transportation, the utility shall:notify the Department of any planned utility work scheduled for the current fiscal year or the next 2 fiscal years within the limits of the Department’s scheduled repaving work;
coordinate such utility work with the Department;
investigate, test, repair and upgrade the utility’s existing facilities so that future maintenance or replacement will not be required for a minimum of 5 years after the right-of-way is repaved; and
immediately notify the Department of any emergency work that takes place in a rightof-way scheduled by the Department to be repaved during the current calendar year.
When DOT submits plans for its proposed work to all utilities several times during the design process, each utility shall consider and inform the Department of all the improvements it will need to make based on:uploads from DOT which will include scheduled roadways and repaving limits to the utility coordination platforms/software;
communication about scheduled roadways at the monthly utility coordination meetings held at DOT; and
any other communications between the Department and utility providers regarding scheduled roadway repaving locations.
When properly advised by a utility pursuant to <cite data-path="14.03.01.08|B.">Regulation .08.B</cite>, DOT will consider delaying the advertisement, or altering the contract, to allow utility work to be completed first.
The following fineable offenses are for work being performed in a Public Way:
<table>
<thead>
<tr>
<th>Violation</th>
<th>Occurrence</th>
</tr>
</thead>
<tbody>
<tr>
<td>Failure to obtain a Street Cuts permit prior to beginning work or, in an emergency where permit cannot be obtained ahead of work, within 18 hours of an emergency street-cut (Absence of a permit at jobsite)</td>
<td>Daily</td>
</tr>
<tr>
<td>Unsafe job site, TCP setup, or other unsafe condition</td>
<td>Daily</td>
</tr>
<tr>
<td>Not reporting intended work forty-eight (48) hours prior and/or steel plate placement as required on permit</td>
<td>Daily</td>
</tr>
<tr>
<td>Compaction testing not performed</td>
<td>Daily</td>
</tr>
<tr>
<td>Non-compliant installation of steel plates</td>
<td>Daily</td>
</tr>
<tr>
<td>Not clearing away construction debris</td>
<td>Daily</td>
</tr>
<tr>
<td>Not providing for temporary patching or plating until full restoration is completed</td>
<td>Daily</td>
</tr>
<tr>
<td>Patch not flush with the surrounding pavement</td>
<td>Daily</td>
</tr>
<tr>
<td>Absence of identification markings (if faded, they must be refreshed daily)</td>
<td>Daily</td>
</tr>
<tr>
<td>Blocked travel lanes before 9:00 AM or after 3:00 PM on weekdays without prior written DOT authorization</td>
<td>Daily</td>
</tr>
<tr>
<td>Incorrect traffic control (TCP) setup and/or absence of the approved TCP in site</td>
<td>Daily</td>
</tr>
<tr>
<td>Use of unapproved materials</td>
<td>Daily</td>
</tr>
<tr>
<td>Failure to construct to Baltimore City standards</td>
<td>Daily</td>
</tr>
<tr>
<td>Final striping not completed within 15 calendar days of permanent restoration</td>
<td>Daily</td>
</tr>
<tr>
<td>Street Cuts not fully restored to be permanent within one hundred twenty (120) days from start of work in the public way</td>
<td>
<p>Daily (beginning day 121 and each day until permanent restoration is</p>
<p>complete)</p>
</td>
</tr>
<tr>
<td>Steel plates extending beyond thirty (30) days in the public right-of-way without an approved extension</td>
<td>Daily (beginning day 31 and each day until steel plating is removed and replaced with temporary patching or until full and permanent restoration is complete)</td>
</tr>
<tr>
<td>Permanent patch failure within the one-year warranty period if not corrected with thirty (30) days of notice</td>
<td>
<p>Daily (beginning day 31 and each day</p>
<p>until permanent restoration is</p>
<p>complete)</p>
</td>
</tr>
</tbody>
</table>
A schedule of fines as previously approved by the BOE for the violations set forth in <cite data-path="14.03.01.09|A.">Regulation .09.A</cite> areposted on the DOT website at transportation.baltimorecity.gov; and
subject to amendment by the Director with the approval of the Board of Estimates.
Unless specifically provided, fines may be imposed by DOT without provision of a Pre-Fine Notice.The Street-cuts Section is not required to issue a Pre-Fine Notice for any violation observed during inspection operations; and
DOT will not issue a Pre-Fine Notice for failure to complete permanent restoration within 120 days.
In the case of failure to complete full restoration of the Public Way within 120 days of the start of work;the total fine amount imposed will be equal to:the number of days past 120 days until the restoration is completed (b) times the daily fine amount per violation.
The following time periods are not included in the calculation of the 120-day period within which full restoration must be completed:the winter season, which is defined generally as the period from November 15 to March 15, or
when paving plants are closed as determined by the Department.
Any permit holder that is not able to complete full restoration within the 120-day period mustmake a written request for an extension to the Street-cuts Section prior to the expiration of the 120-day period, and
demonstrate good cause for the extension.
The Street-cuts Section may then grant written extension for a reasonable time to the permit holder.
When no request for an extension of the 120-day period has been granted:Street-cuts not completed within the 120-day restoration period are required to apply for a new permit;
the new permit start date is the expiration date of the previous permit;
the new permit expiration date is the expected date that permanent restoration will be complete for the street cut; and
the permit fee owed to the City is for the entire timeframe.
these requirements are in addition to any fines imposed.
Steel plates may not extend beyond 30 days in the public way unlessan extension has been granted by the Department; and
the extension notification can be found at <u>https://transportation.baltimorecity.gov/quick-forms.</u>
Permanent patch failure within the 1-year warranty period will be given a 30-day notice for repairs:a new permit is required for the repair;
beyond the 30-day notice period, a fine will be imposed until such time as the patch is repaired and approved; and
an additional 1-year warranty will take effect starting from the day of final approval of the repair.
The following unsafe conditions existing at a Street-cut may result in a fine:utility trench, permanent patch within the warranty phase, or utility cut where paving restoration is left:1 inch or more below existing grade, or
2 inches or more above existing grade;
Utility trench, permanent patch within the warranty phase, or utility cut on roadways with bicycle facilities where paving restoration is left:¼ inch or more below existing grade, or
½ inch or more above existing grade;
debris left onsite by a contractor for 24 hours or more;
wooden boards placed over utility cut;
fenced site where the fence has collapsed;
an exposed excavation left unattended;
blocking of a bicycle facility by equipment, debris, vehicles, signs or other obstruction;
blocking a pedestrian walkway, crosswalk, curb ramp or other facility by equipment, debris, vehicles, signs or other obstruction; and
any circumstance where the contractor has left work in a state considered to be a substantial threat to public safety.
The Director or the Director’s designee may issue a stop work order for work conducted on public right-of-way when it is determined that a violation of any of the following has occurred:State law or code;
City Code
DOT regulation; or
the requirements imposed by a permit issued for the project.
The Director or the Director’s designee may also issue a stop work order for any of the following:a project that endangers public health or safety; or
failing to abate a violation in a timely manner for which a notice was issued.
A stop work order shallbe in writing;
signed by the Director or the Director’s designee; and
contain the following:name of the violator;
facts that support issuing a stop work order;
the location at which the violation occurred;
reference to the specific provision of law, regulation, or permit that has been violated; and
the remedial measures required for to abate the violation.
The Department must serve a stop work order bydelivering it to any employee, agent, contractor, or sub-contractor of the permit holder on site;
mailing or emailing a copy of the order to the address on file for the permit holder; or
sending a facsimile to the permit holder to the fax number on file for the permit holder.
A stop work order becomes effective as soon as it is served via one of the methods in Regulation 10.D., regardless of whether delivery is accepted.
Upon the issuance of a stop work order the violator shallimmediately cease all work as specified in the order and comply with all directives contained in the order to abate the violation, and
contact the Street-cuts Section to request on on-site inspection for correction of the violationby phone 410-396-5889 or
email <u>streetcuts@baltimorecity.gov</u>.
A stop work order remains in effect until the Department notifies the permit holder in writing of its termination or modification.
Termination of the stop work order does not preclude separate enforcement action by the Department relating to the present or a subsequent violation.
Any person aggrieved by a decision or action of the Department under <cite data-doc="City of Baltimore, Md., Code" data-path="|26">City Code Article 26</cite>, subtitle 15, may appeal the decision or action to the Director.
A person shall be notified in writing of an appealable decision or action taken by the Department, and the notice shallbe sentvia first class mail, and
by email or facsimile, to the email address or facsimile number on record for the aggrieved person.
Email notification is effective as of the date of transmission by the Department.
An appeal of a decision or action shall be filed by requesting a hearingwithin 10 days of the date of notification, or the date of receipt of the notice, whichever occurs first,
in writing and sent to the DOT Street-cuts Section byfirst class mail to: Baltimore City Department of Transportation, Street Cuts Section, 520 Fallsway, Baltimore, MD 21202; and
by email to <u>streetcuts@baltimorecity.gov</u>.
If no timely request for a hearing is filed, the aggrieved person shall be deemed to have waived the right to an administrative hearing.
The hearing shall be scheduled within a reasonable time after a request for a hearing is received, andDOT shall send a Hearing Notice to the aggrieved person byfirst class mail and
electronic mail requesting receipt confirmation;
the Hearing Notice shallset the date, time and location of the hearing,
designate the Hearing Officer; and
describe the purpose and nature of the hearing
set forth any rules or procedures that may be required by the Hearing Officer.
A Hearing Officermay be any individual member of the DOT designated as such by the Director of the DOT; but
shall not be the DOT employee who made the decision or took the action being appealed; and
shall have discretion to set reasonable limits forthe time for the aggrieved party to present its case;
the time for the agency response;
the time for, and any limits on, cross examination; and (d) the time for closing arguments.
may shorten or extend any time limits designated in these regulationsat his discretion, and
for good cause shown.
Not later than 5 days after the date of the Hearing Notice, the aggrieved party shall advise DOT in writing, via first class mail and electronic mail requesting receipt confirmation,if it will be represented by counsel and identify its counsel; or
if the aggrieved party will not be represented by counsel, designate an individual to present the aggrieved party’s case at the hearing.
Formal evidence rules and trial procedures shall not apply, and the Hearing Officermay admit and give effect to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs;
may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence;
may take judicial notice of general, technical, and scientific facts; and
shall give effect to the rules of privilege recognized by law.
All evidence, including records and documents, in the possession of DOT, the involved
City agency or the City of Baltimore which the Hearing Officer desires to utilize maybe made a part of the record in the case, and
be received in the form of copies, excerpts, or by incorporation by reference.
The hearing shallproceed as follows:the Hearing Officer shall begin the hearing with a statement concerning the purpose of the hearing and the procedures that will be followed.
each party may present its case by narrative or by witnesses.
cross-examination of any witness shall be permitted; however, the parties will not be permitted to argue or engage in debate. The Hearing Officer may reasonably limit or terminate cross examination at any time.
the Hearing Officer may question any witness or party at any time.
each party may present its final arguments and summarize its position.
each party shall have the right to make any additional statements before the hearing it terminated.
at the discretion of the Hearing officer, the hearing may be adjourned to another date, continued, and postponed.
Notwithstanding the procedures in <cite data-path="14.03.01.11|I.">Regulation .11.I</cite>., the Hearing officer may, in his discretion,decide the order and manner in which testimony and evidence is to be presented and
make changes to the hearing procedure.
Following the hearing, the Hearing Officer shallmake every attempt to render a decision within 30 days from the conclusion of the hearing,
base the decision on the facts and evidence introduced into the record,
prepare a decision of each hearing which contains the following information:date of the hearing,
name of the Hearing Officer;
name of the aggrieved party;
names, titles and affiliations of persons in attendance;
the purpose and nature of the hearing;
brief description of documents, testimony and data presented;
findings and conclusions of the Hearing Officer regarding the action or decision being appealed; and
the decision of the Hearing officer.
send a copy of the decision to the aggrieved party, or his attorney of record; byfirst class mail, or
when provided, by email.
Upon the direction of the Hearing Officer or the aggrieved party, a record of the proceedings may be made.The record is adequate if in the form of a tape recording.
The aggrieved party shall have access to the tape-recording during City business hours, and may have a transcript made at its expense.The City shall designate the transcriber, and
the cost of the transcript preparation shall be paid before the transcript is prepared.
Within ten 10 days of DOT’s service of the final decision of the Hearing Officer, the aggrieved party may submit a written request for a review of the decision of the Hearing Officer,which shall be sent byfirst class mail to: Baltimore City Department of Transportation, Street Cuts Section, 520 Fallsway, Baltimore, MD 21202, and
email to: streetcuts@baltimorecity.gov;
if no written request for a review is filed within the time required by these rules, the aggrieved party will be deemed to have waived its rights to any further review of the decision of the Hearing Officer.
If a timely request for review is made, a Review Hearing Officer shall be appointed whomay be an individual member of the DOT designated by the Director to serve as the Review Hearing Officer, but
shall not bethe Hearing Officer or
the DOT employee who made the decision or took the action being appealed.
The review shall proceed in the following order:prior to the review proceeding, any party may submit to the Review Hearing Officer and the other party, a brief containing a statement of facts and arguments;
the Review Hearing Officer shall begin the review hearing with a statement concerning the purpose of the review;
any party may present a brief articulation of its arguments and summarize its position;
any party may answer any questions posed by the Review Hearing Officer;
the Review Hearing Officer has the discretion to request additional testimony or evidence;
at the discretion of the Review Hearing Officer, the review hearing may be adjourned to another date, continued, or postponed.
Following the review proceeding, the Review Hearing Officershall make every attempt to render a final decision of the review within 30 days;
may affirm, reverse, or modify the Hearing Officer’s decision;
shall consider the entire record;
shall make his decision in writing; and
shall send a copy of the decision to the aggrieved party.
The decision of the Review Hearing Officer shall constitute the final decision of the Director.
Under <cite data-doc="City of Baltimore, Md., Code" data-path="|26">City Code Article 26</cite>, §15-36, a party aggrieved by a final decision of the Director may appeal that decision to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Civil Procedure.
<cite data-path="14.03.04">This chapter</cite> establishes:
A framework for the temporary private use of public space in order to promote an active, accessible, safe, and vibrant urban environment;
Restrictions on the location, construction, and use of a curbside facility;
Insurance requirements for curbside facility permit holders;
The application process for a curbside facility permit, including obtaining a minor privilege to construct the curbside facility;
Responsibilities for permit holders;
Enforcement of the Curbside Permit Guidelines; and
Rules regarding revocation of a minor privilege.
In <cite data-path="14.03.04">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“ADA” means the federal Americans with Disabilities Act.
“Applicant” means the individual or entity pursuing a permit under this policy.
“BCDOT” means the Baltimore City Department of Transportation.
“Curbside Facility” means the commercial spaces permitted and regulated by this policy.
“Dimension” means measurable width, length, depth, and height of a curbside facility using feet and inches.
“Floodplain” means the same as <cite data-doc="City of Baltimore, Md., Code" data-path="|7|§1-2|(w)">City Code Article 7, § 1-2(w)</cite>.
“Floodplain district” means the same as <cite data-doc="City of Baltimore, Md., Code" data-path="|7|§1-2|(x)">City Code Article 7, § 1-2(x)</cite>.
“Forbidden road space” means portions of the public right-of-way including:Crosswalks,
Pedestrian ramps,
Bike lanes,
Transit lanes or facilities,
Driving lanes,
Intersection space,
No-parking zones,
Commercial truck bays,
Handicapped parking spots,
Fire lanes,
Garages or driveways, and
Restricted parking zones that BCDOT will not consider for a curbside facility.
“Indoor area” means the interior space of a structure with a ceiling and sides enclosed by:A combination of permanent or temporary walls, windows, or doorways, whether open or closed, or
Other physical barriers extending from floor to the ceiling.
“Local design standards” means neighborhood-specific aesthetic rules issued by Baltimore City.
“Membrane structure” means an element erected utilizing fabrics, foils, and other textiles with the support of tension cables.
“Minor privilege fee schedule” means a list of fees for minor privileges that is approved by the Board of Estimates and posted for public view on the BCDOT website.
“Minor privilege permit” means an approval of a temporary minor privilege” as defined by Baltimore City Charter, Article VIII, § 9.
“Modular” means a method of design and build with standardized units allowing for a streamlined process in the construction or dismantling of a curbside facility.
“Parking lane” means a space abutting the curb that isDesignated for on-street public vehicle storage, and
Contiguous to the property to which the curbside facility permit is issued.
“Partner agency” means the following Baltimore City agencies and entities:Fire Department,
Police Department,
Health Department,
Parking Authority of Baltimore City,
Planning Department,
Department of Housing and Community Development,
Baltimore Development Corporation,
Liquor Board, and
Environmental Control Board.
“Permanently attached” means a curbside facility which is nailed or bolted to the rightof-way or an existing building.
“Permit holder” means a person or entity who has been issued a permit to operate a curbside facility.
“Protective vertical element” means a barrier designed to deflect a vehicular impact while protecting facility occupants, including:Water-filled Jersey barriers;
Weighed barrels;
Concrete barriers; or
Other portable barriers.
“Stop work order” means a formal demand issued by the City requiring the permit holder to remove their facility from the right-of-way.
“Temporary” means something that lasts for period of time and is not permanent.
A Minor Privilege Permit for a curbside facility shall be restricted to a parking lane.
BCDOT may consider installations within the following restricted parking zones:Loading zones,
Metered parking,
Valet zones, and
Street sweeping corridors.
A curbside facility may not be permanently attached to sidewalks, roads or buildings, and doing so may result in automatic permit revocation.
A curbside facility may not use:Amplified music,
Live entertainment, or
Open flames.
An applicant shall obtain all permits relevant to their curbside facility including:A minor privilege permit,
Other permits as required by law.
An applicant shall obtain commercial general liability insurance which:Provides coverage of one million dollars per occurrence,
Provides a minimum total aggregate of two million dollars, and
Designates the Mayor & City Council of Baltimore as an additional named insured.
An applicant shall obtain the following insurance policies to cover a curbside facility:Commercial general liability,
Umbrella insurance,
Worker’s compensation, and
Liquor liability if applicable.
A permit holder shall adhere to the following fire safety guidelines:A curbside facility built primarily out of untreated wood or other flammable material shall be built a minimum distance of ten feet from a building; and
A curbside facility built primarily out of fire-resistant material such as treated wood shall be built a minimum distance of five feet from a building.
BCDOT may not approve a curbside facility that:Functions as an indoor area;
Is within 15 feet of a fire hydrant;
Is within 15 feet of a pull-in bus stop;
Is within 15 feet of dumpster;
Is on a street with a running slope of five percent or more;
Is on a street with a posted speed limit above 30 miles per hour;
Is located in or interferes with the functions of forbidden road space;
Intrudes on the sidewalk;
Is not ADA compliant;
Is more than one level;
Obstructs visibility of a traffic control sign or street sign;
Blocks stormwater drainage; or
Permanently restricts access to utilities.
A curbside facility shall:Fit within the width of the parking lane;
Use a protective railing or barrier which does not obstruct visibility above three feet, as determined by BCDOT;
Provide for a minimum seven feet of clearance between the ground plane and overhead elements;
Have an entrance which:Is accessible via the abutting sidewalk,
Is at least 48 inches wide,
Is flush with the curb, and
Meets ADA compliance standards;
Feature protective vertical elements within the parking lane which separate the curbside facility from forbidden road space;
Be free of any tripping or slipping hazards; and
Incorporate lighting and reflective elements.
A permit holder may incorporate the following weather mitigating elements:Canopies;
Umbrellas;
Transparent igloos or bubbles; and
Other protective elements approved by BCDOT.
An elevated curbside facility built flush with the curb shall be designed to support a minimum of 100 pounds per square foot.
A curbside facility may be constructed using modular design practices.
A curbside facility shall adhere to local design standards and adherence shall be reviewed on an annual basis.
A curbside facility located within a floodplain district may be required to implement additional safety measures.
An applicant is required to submit a site plan during the application submission process.
A site plan shall be drawn to scale, clearly labeled and include the following:Dimensions,
Property limits,
Existing objects,
Location of a heating device to be used in the curbside facility, if applicable,
Site features including:Posted speed limit,
Grade of the roadway,
Pavement type,
Parking restrictions, and
Access to utilities.
A permit application shall be reviewed by BCDOT within 60 days.
BCDOT shall submit the application to partner agencies for review and comment during the 60-day review period.
Following the review period, BCDOT may:Approve the permit application,
Request that the applicant revise the application, or
Reject the application.
Upon BCDOT approval, the applicant shall:Send a copy of the application via certified mail return receipt requested to abutting property owners to notify them of the proposed curbside facility; and
Provide the return receipt to BCDOT as proof of notification.
BCDOT shall submit the application to the Board of Estimates for final review and approval of the minor privilege permit application.
An applicant shall pay a minor privilege fee assessed by the Board of Estimates upon the issuance of a minor privilege permit.
Payment of the minor privilege fee shall be:By check or money order in the required amount, and
Payable to the Director of Finance.
The minor privilege fee is calculated by the method in the curbside commercial section of the minor privilege fee schedule approved by the Board of Estimates.
A final site plan and payment shall be submitted to BCDOT Special Events section by:Mail addressed to BCDOT Special Events at the Harry S. Cummings Building at 401 East Fayette Street, Baltimore, MD 21202; or
In person at the lobby of the Harry S. Cummings Building on 401 East Fayette Street, Baltimore, MD 21202.
A permit holder is responsible for the following maintenance tasks required to keep the curbside facility safe for consumption of food and beverage:Cleaning the curbside facility daily, including:Removing all trash and food waste, and
Implementing non-toxic preventative pest control measures;
Securing tables and chairs so that they may not be used outside business hours; and
Repairing any structural failures or defects immediately upon discovery.
A permit holder may not serve patrons in a curbside facility with known structural or sanitation deficiencies.
A permit holder who desires to make a structural alteration to an existing curbside facility shallSubmit a new application for the alteration, including a site plan, and,
Be subject to review by BCDOT and its partner agencies.
A curbside facility is a temporary installation and BCDOT may require removal of the curbside facility:On a permanent basis if site conditions no longer permit the curbside facility to operate safely, or
On a temporary basis if removal of the curbside facility is necessary for reasons including:Maintenance or repairs within the public right-of-way,
Extreme weather event preparation,
Flooding, and
Other emergencies.
A permit holder who fails to remove a curbside facility upon request may be liable for costs incurred by BCDOT in removing the curbside facility.
A permit holder shall be subject to random inspections by BCDOT and partner agencies.
BCDOT and partner agencies may enforce these regulations by:Investigating complaints,
Issuing warnings,
Issuing stop work orders,
Confirming the validity of permits, and
Recommending the revocation of permits.
The City and its agencies shall not be liable for costs associated with the removal, restoration, or replacement of a curbside facility.
The City may revoke or refuse to renew a minor privilege.
BCDOT may issue a stop work order for a curbside facility that is noncompliant with the rules in the curbside commercial regulations.
A permit holder whose curbside facility is noncompliant with these regulations may have their minor privilege permit revoked without a hearing.
<cite data-path="14.03.05">This chapter</cite> establishes rules and regulations that govern reserved parking for persons with disabilities and their helpers, including:
The application process for a reserved parking space; and
The renewal process for a reserved parking space.
In <cite data-path="14.03.05">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.Applicant.“Applicant” means a person applying for a disabled parking space.
“Applicant” includes:A person with disabilities; and
A helper.
“Department” means the Baltimore City Department of Transportation.
“Director” means the Director of the Baltimore City Department of Transportation.
“Disability space” means a reserved parking space for a person with disabilities.
“Helper” means a person who:Renders assistance to a person with disabilities; and
Resides with the person with disabilities for whom a disability space is assigned.
“PABC” means the Parking Authority of Baltimore City.
“Person with disabilities” means an individual that meets the criteria of City Code Article 31, §9-1(a)(1-3).
“Renewal application” means the form that is provided for a space-holder to complete annually to maintain a disability space.
“Space-holder” means a person that has received a disability space through an approved application.
An applicant applying for a disability space for the first time shall:Complete an application in the form that the Director requires; and
Acquire the application form by:Obtaining a copy from the PABC office; or
Downloading a copy from the PABC website.
An applicant shall ensure a submitted application contains:The required medical documentation; and
The noted requirements as specified in the application.
To maintain an assigned disability space, a space-holder shall complete a renewal application in accordance with these regulations.
Distribution of Renewal Application.
The PABC shall:Ensure a renewal application is issued to a space-holder each year following the initial date that the disability space was awarded; and
Issue the renewal application to the address listed in the space-holder’s initial application.
A space-holder shall return a renewal application to the PABC within 90 calendar days of receipt.
These regulations:
Implement a plan for fulfilling public service requests for traffic calming through the 311-system in Baltimore City;
Create a prioritization system for traffic calming that accounts for equity; and
Expand the toolkit of traffic calming options to promote safety and livability on City streets.
In <cite data-path="14.09.01">this chapter</cite>, the following terms have the meanings indicated.
Terms Defined.“Arterial street” means freeways, multilane highways, and other important roadways that supplement the United States Interstate System.
“BCDOT” refers to the Baltimore City Department of Transportation.
“Collector street” means major and minor roads that connect local roads and streets with arterials.
“Complete Streets” means a program in Baltimore City that enables access, mobility, economic development, attractive public spaces, health, and well-being for all people.
“Corridor” means the roadway and adjacent affected roadways where traffic calming is requested.
“Equity Priority Zones” means equity zones defined by the Complete Streets Manual.
“Local or neighborhood street” means roads that service limited vehicular traffic and are the primary access to residential areas, neighborhoods, and other local areas.
“Neighborhood” means community identified by the Baltimore City Planning Department’s official “Neighborhood Statistical Area Map”.
“Prioritization process” means procedure by which streets or corridors are selected and ranked for traffic calming projects.
“Service Request (SR)” or “311 Service Request” means a request made via phone or online to the Baltimore City 311 System.
“Stakeholder” means individuals or entities that are affected by <cite data-path="14.09.01.02">this regulation</cite>.
“Traffic Calming” means devices or methods used to slow the speed of traffic or reduce volume of traffic.
Arterial streets are:not subject to the requirements for local or collector streets; and
subject to a separate investigation process for alternative traffic calming measures.
A stakeholder requesting traffic calming in a neighborhood on a local or collector street shall:live within the neighborhood;
own or operate a business within the neighborhood;
represent a school or daycare facility within the neighborhood;
represent a Community Organization within the neighborhood; or
be a public, elected official, or his or her designee, whose district’s boundaries are within or include a portion of the City of Baltimore.
To initiate the traffic calming process, the Stakeholder must complete a 311 Service Request by:calling 311; or
filling out an online surveythrough the mobile phone application for 311 Service Requests; or
on City of Baltimore’s 311 website.
A Stakeholder shall provide the following information to be considered for a traffic calming request:legal first and last name;
email address or phone number;
street address;
start and end points of the roadway segments where the need for traffic calming should be investigated;
a specific address or location where speed or cut-through traffic are of concern;
any relevant and necessary information regarding the traffic calming service request.
For BCDOT to consider a Service Request, the Stakeholder must provide the information found in <cite data-path="14.09.01.03|D.">Regulation .03D</cite> in full.
After submission, the stakeholder will be given:a time period for receiving an update for the service request;
the service request number; and
if using online or mobile application, a confirmation email with:A copy of the completed service request form; and
The information listed above in <cite data-path="14.09.01.03|D.">Regulation .03.D</cite>.
The BCDOT shallevaluate the need and feasibility of traffic calming, and
simultaneously provide the Service Request to the Baltimore City Fire Department for notification and feedback.
Data collection and analysis shall proceed immediately following the BCDOT determination of a valid request for traffic calming.
BCDOT Traffic Division shall collect data within the study corridor.
The information collected will be analyzed by BCDOT to determine if traffic calming iswarranted, and
feasible.
Data collection units may be deployed on site to collect data related to speed.
Data collection units shall be deployed based on engineering judgement.
A site visit may be conducted to document conditions including:roadway grade;
roadway width and cross-section;
roadway horizontal geometry;
lane configurations;
adjacent land-use;
multimodal traffic operations; and
other related geometric and operational roadway features.
The following elements may be reviewed:crash data over the previous 6 years;
street type and target speed in accordance with the Baltimore Complete Streets Manual; and
Equity Priority Zones.
Local and collector roadways with longitudinal grades of 8 percent or lower that meet the traffic calming criteria for need and feasibility can proceed to the prioritization process.
Local or collector roadways with longitudinal grades greater than 8 percent require further engineering review to determine the applicability and feasibility oftraffic calming, or
other mitigation measures:
Following data collection, and approval, BCDOT shall:Move the traffic calming Service Request forward to the prioritization process; and
Submit the Service Request for further engineering or review by Baltimore City Fire Department.
If the application does not meet the criteria threshold of the data collection and analysis, BCDOT shall issue a statement to the Stakeholder denying the Service Request.
BCDOT shall prioritize traffic calming requests based on:Severity and prevalence of speeding based on initial data investigation and historical data;
Severity and prevalence of crashes based on historical data;
The presence of school zones; and
Equity Zones as identified on BCDOT’s Equity Map.
Prior to the beginning of construction season, the prioritization process will determine the construction program on an annual basis.
Prior to implementation of traffic calming measures, BCDOT shall notify stakeholders of the following information:A summary of the traffic calming plan;
The timeframe of the project comment period; and
Contact information pertaining to comments or an opt-out request.
BCDOT shall notify stakeholders by:Postcard or letter;
Electronic communication;
Social media; or
Other community outreach methods.
BCDOT may post signs on the street in question with the information above.
The following conditions apply to opt-out requests:Only opt-out requests from stakeholders abutting the immediate project block(s) shall be considered;
Stakeholders may be required to provide proof of residency when opting out;
Comments must be submitted within the specified response period.
Upon conclusion of the public comment period and pending funding availability, BCDOT will schedule the traffic calming devices or measures for installation using the location’s score from the prioritization process.
Local and collector streets that are approved for the installation of traffic calming measures will be scheduled for construction on an annual basis.
Arterial streets may be scheduled for construction separately from local and collector streets to allow for additional analysis, more comprehensive treatments, or other factors.
After installation of traffic calming devices, BCDOT may review traffic calming devices for effectiveness.
Types and descriptions of traffic calming devices are available for review within the Design Guidance section of the Baltimore Complete Streets Manual.
Options for traffic calming devices include:speed humps, speed tables, and speed cushions;
curb extensions, also known as bump-outs or bulb-outs;
rumble strips;
hardened centerline treatments;
raised crosswalks;
raised intersections;
chicanes;
mini-roundabouts, also known as neighborhood traffic circles;
traffic signal timing and operations;
vehicle access restrictions, such as median diverters;
traffic signal timing and operations;
reduction in travelway width;
reduction in number of through or travel lanes;
Slow Streets treatments;
any combination of these devices;
other available treatments or devices.