Except as otherwise specifically stated, the Director of Transportation shall administer the provisions of <cite data-path="|31">this article</cite>. The Director shall also perform the other duties that are imposed by ordinance or assigned by the Mayor. City Code, 1950, art. 38, §1(a)(bal.), (c)(1st sen.) 1966, art. 31, §1(a)(bal.), (c)(1st sen.) 1976/83, art. 31, §1(a)(2), (c)(1st sen.) Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 99-526 Ord. 15-435

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation may:adopt rules and regulations to carry out <cite data-path="|31">this article</cite>; and adopt rules, regulations, orders, and directives relating to or in connection with the movement of vehicular and pedestrian traffic in the City of Baltimore. Copies of all these rules, regulations, orders, and directives shall be filed and kept on record in the Department of Transportation. City Code, 1950, art. 38, §2(k) 1966, art. 31, §1(b)(1st, 4th sens.), §2(24) 1976/83, art. 31, §1(b)(1st, 4th sens.), §2(24) Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 15-435 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

The Director of Transportation shall keep records of:the Department’s proceedings; and all resolutions, transactions, findings, determinations, decisions, and administrative regulations. All the records of the Department of Transportation:are public records; and shall be kept in the Director’s office. City Code, 1950, art. 38, §1(b)(6th sen.) 1966, art. 31, §1(b)(2nd, 3rd sens.) 1976/83, art. 31, §1(b)(2nd, 3rd sens.) Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 15-435

The Director of Transportation may appoint, employ, hire, or engage assistants, aides, and employees as necessary for the proper performance of the Director’s duties and functions. The compensation of those assistants, aides, and employees shall be as provided in the Ordinance of Estimates. Subject to the prior approval of the Board of Estimates, the Director also may employ or hire, from time to time, on a temporary basis, by contract, consulting, planning, or designing engineers or other persons possessing technical or specialized skills in connection with the duties, powers, and function of the Department. City Code, 1950, art. 38, §1(d) 1966, art. 31, §1(c)(2nd, 3rd sens.), (d) 1976/83, art. 31, §1(c)(2nd, 3rd sens.), (d) Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 99-526 Ord. 15-435

The Director of Transportation has full power and authority to do any and all of the following: collect and analyze:all physical and economic data needed to measure existing, and to estimate future, street and highway traffic characteristics and needs, including parking needs; and all data of whatsoever nature deemed helpful in expediting the flow of mass transportation traffic in the City of Baltimore; make such studies and collect data concerning the use of mass transportation systems operated in other municipalities located in the United States or any foreign nation, as he deems necessary or helpful; maintain records and information with respect to the operation of public mass transportation systems in the City of Baltimore; make studies relating to future needs and facilities for mass transportation systems in the City of Baltimore and its metropolitan area; cooperate fully with officials of surrounding political subdivisions to effectuate over-all transit and traffic coordination; make studies relating to the staggering of work hours of all businesses conducted in the City of Baltimore and the surrounding metropolitan area, to meet with and confer with the officials of the metropolitan area, officials of any company or business located in the metropolitan area, and to make recommendations as to work hours of the said establishments; study the routing or rerouting of existing or future mass transportation lines in the City of Baltimore and to recommend to the mass transportation companies and the Maryland Mass Transit Authority the adoption of said routes or reroutings; prepare plans and/or make recommendations to the proper officials for the removal of obstructions to the flow of traffic including transit traffic; reroute transit traffic in the City of Baltimore in the event of such contingencies as fire, flood, and other emergencies, in cooperation with the Police Department, Fire Department, and other municipal offices and agencies of Baltimore City; designate portions of certain streets as transit lanes and to specify the type of vehicles and the particular use to which the lanes may be put; and further, prohibit parking or stopping in the manner and subject to the conditions and limitations set forth in <cite data-path="|31|§2-6">§ 2-6 of this subtitle</cite> on portions of streets designated as transit lanes, and whenever the Director has prohibited stopping or parking in these lanes in accordance with <cite data-path="|31|§2-6">§ 2-6 of this subtitle</cite> and a vehicle is stopped or parked contrary to an administrative regulation, and signs are posted warning that stopping or parking in violation of the regulation will result in the impounding of the motor vehicle, the Police Department shall impound the vehicle in the manner and under the conditions set forth in Subtitle 31 of <cite data-path="|31">this article</cite>; approve or disapprove the location of all transit loading zones, to locate and determine the size of all transit loading zones in the City of Baltimore used by mass transportation companies operating in the City of Baltimore, and, further, to rescind or modify any prior approval heretofore given for such transit loading zones; and whenever any location has been designated as a transit loading zone, no vehicle other than a mass transit vehicle shall stop in said transit loading zone; require that all mass transportation vehicles before loading or unloading passengers must be, wherever possible, within 12 inches from the curb; direct that no transit vehicle shall stop at any point other than an established transit loading zone for the purpose of loading or unloading passengers, except as may be required by an emergency or at the direction of a police officer; have and exercise all control over traffic that the Police Commissioner had prior to the time of the establishment of the former Traffic Commission of Baltimore City, including the power to establish special “no parking” spaces; further, provided that whenever special conditions make it necessary or expedient to prepare plans for the integrated operation of traffic, the Director may make such special regulations with regard to traffic; and nothing in this section may be construed to delimit the power of the Police Commissioner, as set forth in <cite data-path="|31|§28-1">§ 28-1 of this article</cite>, to act in emergencies or special situations; conduct engineering analyses of traffic accident causes and take such action, or submit recommendations to the proper persons for elimination of accident causes, make engineering, investigations and plans to improve traffic conditions; prepare and submit to the Mayor and City Council an annual report of the progress and operations of the Department of Transportation; make recommendations to the Mayor and City Council of Baltimore for improvements of traffic conditions that cannot be accomplished by the directives, orders, rules, or regulations adopted under <cite data-path="|31|§2-2">§ 2-2 of this article</cite>; hold public hearings as, in the Director’s discretion, may be necessary in connection with the exercise of his or her powers, these hearings to be held and conducted in the manner determined by the Director; establish and determine the design, timing, type, size, and location of any and all signs, signals, markings, pylons, channelization, and other devices for guiding, directing, or otherwise regulating, controlling, and contributing to or detracting from the safety of vehicular and pedestrian traffic; design, install, and maintain traffic signs, signals, markings, pylons, channels, and other devices for the control of vehicles and pedestrians; make recommendations relating to the design of new public ways or traffic structures as they relate to traffic operations; designate any intersection as a “Stop” intersection or thoroughfares as “through highways”; designate intersections where left and/or right hand turns are prohibited for any or all types of vehicles; prohibit stopping or parking on sections of roads, streets, lanes, or alleys or adjacent to structures or intersections where, in the opinion of the Director, the presence of grades, hills, curves, bridge approaches, underpasses, or inadequate sight-distances create hazardous, hazard-producing, or unusual parking conditions; and adopt and promulgate rules and regulations which prohibit certain types of vehicular traffic during certain hours in order to improve the movement of pedestrians and transit vehicles on certain streets designated by the Director as transit malls. City Code, 1950, art. 38, §2(a) - (j) 1966, art. 31, §2(1) - (23) 1976/83, art. 31, §2(1) - (23), (25) Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 65-455 Ord. 65-465 Ord. 68-161 Ord. 84-107 Ord. 15-435

Except as provided in this section, the Director of Transportation does not have the power:to adopt rules, regulations, orders, or directives in the nature of general parking and stopping restrictions; or to establish 1-way streets. Except as provided for in this section, the power to make general parking and stopping restrictions or to establish 1-way streets is specifically reserved to the Mayor and City Council, to be exercised by ordinance. By administrative regulation, the Director may establish temporary parking and stopping restrictions, including reserved parking for disabled persons, or temporary 1-way streets. Unless extended as provided in this section, the administrative regulation is effective for a period of not more than 6 months. The Director may seek to extend the administrative regulation indefinitely or for a term of years by giving written notice of the proposed extension, not less than 30 days before the end of the 6-month period, to the President of the City Council and to each member of the City Council who represents all or part of the affected area. If, within the 30-day period, no written objection to the extension is made and submitted to the Director by the Council President or by a member of the City Council who represents all or part of the affected area, the regulation is extended at the end of the 6-month period. If a timely written objection is received by the Director, the Council President shall introduce a proposed ordinance setting forth the provisions of the administrative regulation and, depending on the passage or failure of the ordinance, the administrative regulation will become effective in accordance with the terms of the ordinance or be of no further force or effect. At any time after an administrative regulation is adopted or extended under this section, the Mayor and City Council may enact an ordinance rescinding or modifying the administrative regulation. Nothing in this section may be construed or applied to limit the right of the Mayor and City Council by ordinance to legislate on the subject matter contained in <cite data-path="|31">this article</cite>. City Code, 1950, art. 38, §2(last par.) 1966, art. 31, §3 1976/83, art. 31, §3(a), (b) Ord. 51-1678 Ord. 70-752 Ord. 15-435

Except as specified in paragraph (2) of this subsection, this section applies whenever parking on a street is to be temporarily discontinued or otherwise restricted by the City or other person to accommodate construction, repair, or other work to be done on or adjacent to the street, or a special event. This section does not apply in the case of an emergency, where the work on or adjacent to the street must be done immediately to protect life, health, safety, or property. The City agency or other person responsible for work to be done shall post the affected area with advance notice of the parking restrictions at least 3 calendar days before the restrictions become effective. The posted notice shall include:the dates and times when the restrictions will be effective; the name of the City agency or other person responsible for the work to be done or special event; a brief description of the work to be done or special event; and a phone number and email address at which further information can be obtained. If a violation of the temporary parking restrictions will authorize impoundment, the City agency or other person responsible for the work to be done shall also give written notice to the occupants of the properties abutting the affected area at least 3 calendar days before the restrictions become effective. This written notice shall include:the information required by subsection (b) of this section for the posted notice; and a prominent warning that the parking restrictions may be enforced by impoundment. Ord. 11-490 Ord. 22-124

In this section, the following terms have the meanings indicated. “Centerline miles” means the length of a street’s centerline, as measured by miles, regardless of the number of lanes. “Shared street” means a street designated by the Department with recommended speed limit of 5 miles per hour and that allows use by motor vehicles, pedestrians, and individuals using bicycles. “State of emergency” means a period of time for which:a proclamation has been issued by the Governor declaring a state of emergency under Title 14, Subtitle 3 of the State Public Safety Article {“Governor’s Emergency Powers”}; a proclamation has been issued by the Governor declaring a catastrophic health emergency under Title 14, Subtitle 3A of the State Public Safety Article {“Governor’s Health Emergency Powers”}; or an order or proclamation has been issued by the Mayor declaring a state of emergency under § 14-111 {“Local state of emergency”} of the State Public Safety Article. “Temporary spacing order” means an order of the Governor or Mayor, as the case may be, that is issued during a state of emergency to prohibit gatherings of more than 100 individuals within the City. Notwithstanding any provision of <cite data-path="|31">this article</cite>, no later than 7 days following the issuance of a temporary spacing order, the Department shall provide additional street space to pedestrians and cyclists on no fewer than 25 centerline miles of City streets. The additional space described in subparagraph (i) of this paragraph may be created through:the implementation of shared streets; or the closure of at least 1 lane of a street to vehicular traffic. Calculation of the additional space required by this section may not include any centerline miles within a park maintained by the Department of Parks and Recreation. Of the 25 centerline miles of additional street space required by this section:at least 1 centerline mile shall be provided in each councilmanic district; but no more than 15% of the total City centerline miles provided under this section may be located in any single councilmanic district. The additional space provided under this section shall be accessible to pedestrians and cyclists during the pendency of the temporary spacing order. The Department shall consider the following factors in implementing the requirements of this section:the safety of all street users; creating space in neighborhoods with insufficient existing open or recreational space; increasing space in neighborhoods with heavily utilized parks; ensuring that businesses permitted to continue operations during the state of emergency can operate without impediment; ensuring deliveries to those businesses permitted to continue operations during the state of emergency can continue and avoiding major truck routes wherever possible; closures that do not require significant staffing by the Department or any unit or instrumentality of the City; and avoiding major medical facilities. The Department shall consult with and notify affected councilmembers and communities of the implementation of a shared street or the closure of any lane on a street to vehicular traffic pursuant to this section. In addition, the Department shall consult with any neighborhood association that recommends a location that could be utilized for any implementation or closure under this section. The requirements imposed by subsection (b) of this section shall cease on the expiration or repeal of any applicable temporary spacing order. No later than 30 days following the implementation of the requirements imposed by subsection (b)(1) of this section, the Department shall submit to the Mayor and City Council and post on the Department’s website an evaluation of those closures and any recommendations for expansion. Ord. 20-380

The Director of Transportation may request the State’s Attorney to enter a nolle prosequi on any citation for a stopping, standing, or parking violation that was issued:due to a defect in the traffic control device regulating stopping, standing, or parking; or where there has been insufficient or improper notice of violation insofar as stopping, standing, or parking is concerned. The Director may not request a nolle prosequi for any citation where the reasons for the request are dependent on the testimony of parties directly concerned. In all cases where the Director requests a nolle prosequi, the reasons for the request shall be fully documented. City Code, 1976/83, art. 31, §3(c) Ord. 74-768 Ord. 15-435

All designs, drawings, and plans prepared by any department or agency of the City for the construction or location of any public building, park, recreational area, or structure that may affect the movement of traffic in the City shall be submitted to the Director of Transportation for review and recommendation before any actual construction operations are commenced. In all cases where designs, drawings, or plans are submitted to any department or agency of the City in connection with an application for a permit or authorization to construct or locate any proposed privately owned commercial or industrial building or structure, including but not limited to any off-street parking facility or garage to be used by the public, that may affect the movement of traffic in the City, the department or agency receiving designs, drawings, or plans shall immediately notify the Director of Transportation so that the Director may have an opportunity to review the designs, drawings, or plans and make recommendations relative to them. City Code, 1950, art. 38, §4 1966, art. 31, §4 1976/83, art. 31, §4 Ord. 51-1678 Ord. 53-786 Ord. 57-1006 Ord. 15-435

The function of placing and maintaining suitable signs bearing names of streets throughout the City is removed from the Bureau of Mechanical-Electrical Service and placed under the Director of Transportation. City Code, 1966, art. 31, §8 1976/83, art. 31, §8 Ord. 66-827 Ord. 75-920 Ord. 15-435

Any and all laws, ordinances, and regulations and any and all parts of any and all laws, ordinances, and regulations in force in the City that are inconsistent with the provisions of this subtitle or with any rule, regulation, order, or directive adopted by the Director of Transportation under this subtitle are repealed to the extent of the inconsistency, and any and all laws, ordinances, and regulations and any and all parts of any and all laws, ordinances, and regulations in force in the City not inconsistent, amended, or superseded by the provisions of this subtitle or any rule, regulation, order, or directive adopted by the Director of Transportation remain in full force and effect. City Code, 1966, art. 31, §6 1976/83, art. 31, §6 Ord. 57-1006 Ord. 15-435