For the purposes of this chapter, the following words and phrases must have the meanings respectively ascribed to them in this article: Abandoned vehicle: Any vehicle that is inoperative or is otherwise left unattended on public or private property for more than forty-eight (48) hours without the consent of the owner or person in charge of the property, or a vehicle that has remained illegally parked on public property for a period of more than forty-eight (48) hours, or any impounded vehicle being held in the custody of the county which is unclaimed after sixty (60) days. Alley: A street or highway intended to provide access to the rear or side of lots or buildings in urban districts and not intended for the purpose of through vehicular traffic. Bicycle: A vehicle that is designed to be operated by human power or with assistance of a motor that has a capacity of less than fifty (50) cubic centimeters piston displacement or rated less than one (1) brake horsepower, that has two (2) or three (3) wheels of which one is more than fourteen (14) inches in diameter, that have a rear drive and with wheel configuration as follows: (a) Two (2) wheels in tandem. (b) Three (3) wheels; single front wheel with two (2) rear wheels on a horizontal axis perpendicular to the longitudinal plane of the front wheel and spaced substantially equidistant from the front wheel center line. Bikeway: Any area expressly intended for bicycle travel, including: (a) associated curbs and gutters; and (b) any bike lane, off-street trail, separated bike lane, or sidepath, as those terms are defined under Section 49-26. Bus: Every motor vehicle except school buses designed for carrying more than ten (10) passengers and used for the transportation of persons; and every motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation. Bus stop: That portion of a public roadway edge designated by sign as a bus stop and intended for the safe loading or unloading of bus passengers from any motor vehicle operated with the approval of the State of Maryland or the county on fixed routes and schedules. Bus zone: A bus stop used as a point of layover by buses for short periods of time, not to exceed thirty (30) minutes, for maintaining schedules. Cost: Expense incurred by the county as a result of any extraordinary method of collection of delinquent and past due fines and penalties for violations of the provisions of this chapter and charged uniformly to such violators to offset or defer such expense. Court: When referred to in this chapter means the district court of Maryland for Montgomery County. Crosswalk: (a) Any portion of a roadway distinctly indicated for pedestrian crossing by painted lines or other markings on the roadway surface. (b) That portion of a roadway ordinarily included with the prolongation or connection of the lateral lines of sidewalks at intersections. Driver or operator: Any person who is in actual control or charged with the control of a vehicle. Driveway or private road: Every way or place in private ownership or otherwise and used for vehicular travel by the owner and those having expressed or implied permission from the owner. Driving aisle: Every way within a public parking facility intended to facilitate the circulation and movement of motor vehicles within the facility. Enforcement officer: Any person appointed under the regulations of the county personnel board and so designated by the county executive to police and enforce the provisions of this chapter. Fine: A monetary sum imposed as a punishment for an offense or violation of this chapter. Fire lane: Area of a public or private roadway or parking facility designated by official signs or markings and intended for the exclusive use of emergency vehicles only. Gross weight: The weight of a vehicle without load plus the weight of any load thereon. Heavy Commercial vehicle: Any motor vehicle and tandem axle trailer or semitrailer designed and used for carrying freight or merchandise or used in furtherance of any commercial enterprise that has: (a) a gross vehicle weight (GVW) of more than 10,000 pounds; (b) a manufacturer’s rated capacity of more than 1 ton; (c) a length of more than 21 feet measured from the extremes of the vehicle, including any object loaded on the vehicle; or (d) a height of more than 8 feet with properly inflated tires, measured from the ground to the highest part of the vehicle, including racks, but not antennas. A heavy commercial vehicle does not include a motor vehicle owned by the County or other governmental agency or a farm machine or vehicle used for agriculture. Highway or street: The entire width between the property lines of every way or thoroughfare of any kind used by the public for purposes of vehicular travel, whether actually dedicated to the public and accepted by the proper authorities or otherwise. Immobilize: To take a vehicle into the custody of the county by restricting or otherwise impeding the movement of such vehicle from its parking place by use of a mechanical device affixed to said vehicle or otherwise and so holding it until all charges involving that vehicle are fully satisfied. Impound: To take a vehicle or other property into the custody of the county by seizing it and removing it to a place of safe storage and there holding it until all charges involving that vehicle or property are fully satisfied. Intersection: (a) The area embraced within the prolongation or connection of the lateral curb lines or if none, then the lateral boundary lines of the roadways of two (2) highways which join one another at or approximately at right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict. (b) Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway shall be regarded as a separate intersection. If the intersecting highway also includes two (2) roadways thirty (30) feet or more apart, every crossing of two (2) roadways of such highways shall be regarded as separate intersections. Motorcycles: A motor vehicle that: (1) Has two (2) or three (3) wheels. (2) Has an engine or motor with a rating of more than one (1) brake horsepower or a capacity of fifty (50) cubic centimeters or more piston displacement. (c) Has a singular front steering road wheel mounted in a fork assembly that passes through a frame steering bearing and to which is attached a handlebar or other directly operated steering device. (d) Except for a windshield or windscreen, does not have any enclosure or provision for an enclosure for the driver and/or passenger. A detachable sidecar is an accessory to and not a part of a motorcycle. Motor vehicle: Any vehicle which is self-propelled by which any person or property is or may be transported upon a highway. Off-street parking: The parking of motor vehicles in designated areas, whether public or private, and not upon a public street or highway. Official sign: A sign posted by authority of the county executive or other jurisdictional authority for the purpose of guiding, warning, regulating, limiting, or otherwise controlling the movement or stopping, standing, and parking of motor vehicles upon the streets, roads, and highways within the county or upon any public or private parking facility. Signs must conform in design, color, size, and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." Any handicap parking sign that conforms to the "Manual on Uniform Traffic Control Devices for Streets and Highways" is posted by authority of the county executive. Official traffic-control devices: All signs, signals, markings or other devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic, upon the streets, roads and highways within the county or upon any public or private parking facility. Such traffic-control devices shall conform in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." On-street parking: The parking of motor vehicles on a public street or highway. One-way street: A public highway upon which vehicular traffic is permitted to move in one (1) direction only. Park or parking: The standing of a vehicle on a public highway or public parking facility whether occupied or attended, except when standing in obedience of traffic regulations, a police officer, traffic signs and signals or temporarily stopped for the purpose of and while actually engaged in loading or unloading merchandise or passengers. Parking meter: (a) A mechanical device which when installed adjacent to a curb on a roadway or on a public parking facility, indicates the time a motor vehicle may remain parked within the adjacent parking space upon the insertion of the proper fee in coins of United States denomination. (b) An official traffic control device intended to regulate the time a motor vehicle may remain parked in a public parking space. Parking violation notice: A form as prescribed by the county upon which a police officer or other authorized person cites a violation of the parking regulations and provisions of this Code. The form when properly completed and affixed to an unlawfully parked vehicle, or otherwise presented, serves as notice to the vehicle owner or operator of the violation and the corresponding fine as penalty thereof. Pedestrian: Any person afoot. Penalty: (a) A monetary sum imposed in addition to the fine as forfeiture by any person in case of nonfulfillment of said fine within the time period stipulated by any provision of this chapter. (b) Punishment in general, inclusive of all fines, penalties, costs and other charges for violation of the provisions and regulations of this chapter. Police officer: Any officer authorized to direct or regulate traffic or parking or to make arrests for violations of any provisions of law including other traffic and parking laws and regulations and so appointed by any jurisdictional authority. Posted time limit: The allowable time a vehicle may remain parked in any block, parking area or zone when such parking duration is indicated by signs. For the purpose of this definition, a block shall mean that part of street or highway between two (2) intersections; and a parking area or zone shall mean any group of parking spaces of close proximity within the same parking facility and having the same allowable parking time limit. Private-public parking facility: Any parking lot, garage or other such facility intended for the off-street parking of motor vehicles and under private ownership and operation which is regulated by county traffic order and posted by official signs. Such facilities whether in whole or in part are open to and used without charge by patrons of retail and commercial establishments and are intended for limited duration parking when so requested by the owner and authorized by the county executive or his designee by written regulations. Public contractor’s vehicle: Any commercial vehicle engaged in the performance of work within a street, highway or other public property when such work is contracted for by any state, county, or municipal agency or public utility. Public driveway: Every way or place of public ownership and used for vehicular travel by the general public as vehicular access to publicly owned property whether restricted or not. Public parking facility: Any parking lot, garage or other such facility owned or leased by and operated by the county for the purpose of providing public off-street parking space for motor vehicles. Public service vehicle: Any vehicle owned and operated by a municipal, county, state or federal agency and used in the furtherance of public service; and any vehicle funded or provided by the federal, state or municipal government and used for emergency or rescue purposes. Public utility vehicle: Any vehicle owned and operated by a public utility commissioned by the state, including telephone, gas and electric power companies. Recreational vehicle: A duly licensed and registered vehicle, with or without motor power, which is solely intended for the leisure use of the operator and guests. For the purpose of this Chapter the following is a recreational vehicle: (a) motor home; (b) travel trailer; (c) camper or camping trailer including truck insert or collapsible unit; or (d) non-freight trailer, as defined by the State Motor Vehicle Administration, used to transport other leisure equipment such as a boat, horse, motorcycle, show car, race car, snowmobile, or bicycle. Roadway: That portion of a street or highway or public thoroughfare between the regularly established curb lines or shoulders or that part improved and intended to be used for vehicular traffic. Sidewalk: That portion of a street between the curb lines, or the lateral lines of a roadway and the adjacent property lines, intended for or used by pedestrians; or designated ways or pavements within a public parking facility intended for or used by pedestrians. Stand or standing: The halting of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in receiving or discharging passengers. Stop or stopping: When prohibited means any halting even momentarily of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control sign or signal. Street: See highway. Taxicab: Any motor vehicle for hire, designed to carry seven (7) passengers or less, including driver, operated upon any public street or highway, or, on call or demand, accepting or soliciting passengers indiscriminately, for transportation for hire between such points along public streets or highways, as may be directed by the passenger or passengers so being transported; provided that nothing in this chapter shall be construed to include as a taxicab, a motor vehicle operated with the approval of the public service commission on fixed routes and schedules. Taxicab stand: That portion of a public roadway edge so designated by official sign as a taxicab stand and intended for the temporary parking of taxicabs when they are available for hire and attended by the driver. Traffic: All vehicles, pedestrians, animals and any other conveyance of every description, using a highway for purposes of travel whether singly or together. Unregistered vehicle: Any motor vehicle or trailer except those exempted from registration by state law, which is without registration plates, with expired registration plates or with fictitious registration plates attached thereto. Utility trailer: A general use vehicle designed to be towed by a motor vehicle. A utility trailer includes a: (a) homemade trailer; (b) small box trailer; (c) freight trailer; (d) semi-freight trailer; (e) boat trailer; (f) camping trailer; (g) tent trailer; (h) travel trailer; (i) flatbed trailer; and (j) horse trailer. Vehicle: Any appliance moved over a highway on wheels or traction tread, including streetcars, draft animals and beasts of burden, automobiles, motorcycles, motorbikes, motor propelled carts and wagons and every vehicle propelled by an internal-combustion engine or any trailer.

Whenever, in the judgment of the county executive, it is necessary for the safety or control of vehicular or pedestrian traffic, he is authorized to provide, by executive order, for the erection of "stop," "speed limit" and other traffic-control signs and devices on public streets, highways or other areas in the county; provided, that no such sign or device shall be erected on state highways without the approval of the state highway administration; and provided, that no such sign or device shall be erected at the cost of the county government in any incorporated town or special taxing area unless the council has by resolution consented to the payment of such costs; and provided, that if the private owner of any land used by the general public shall cause to have erected "stop," "speed limit" or other traffic-control signs or devices upon streets, highways and other areas within said private property said signs shall conform to the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" with regard to design, color, size and placement. The county executive is authorized to approve by executive order said traffic-control signs and devices, which shall then have the same effect as those public traffic-control signs and devices erected by the direction of the county executive; provided, that all such signs and devices on private property shall be constructed, erected and maintained at the cost of the owner of said land.

(a) Whenever, in the judgment of the county executive, it is necessary for the safety and control of vehicular pedestrian traffic, the county executive is hereby authorized to issue traffic orders restricting and/or limiting the movement of automobiles or other vehicles on the streets and roads under the jurisdiction of Montgomery County. The county executive is further authorized to designate certain roads as truck routes for use by all trucks of a specified weight and to prohibit trucks of a specified weight on other roads under the jurisdiction of Montgomery County. The county executive shall provide for the erection of signs to give public notice of such traffic orders and any traffic order passed pursuant to this section shall not be effective until such signs have been erected. The traffic orders issued hereunder shall be recorded in a permanent file open to the public. (b) Nothing contained in this section shall prohibit the use of county streets or roads by emergency vehicles, delivery and service vehicles or other vehicles necessary for the protection of life and property.

(a) School crossing guards, appointed under the regulations of the county personnel board and appropriately uniformed so as to be identified as officers and guards of the county, are authorized to be assigned traffic control devices which will include directing traffic at school and church crossings and such other traffic control duties as may be designated by the county executive or director of the department of police or his or her designee. (b) School crossing guards shall have the power to control vehicular traffic as necessary and consistent with the safety of such school children and pedestrians, including the power to signal, stop or otherwise direct vehicular traffic so as to permit the safe crossing of persons using the school or church crossing area. Crossing guards may be assigned additional traffic control duties by the county executive or director of the department of police or his or her designee; and in emergencies, school crossing guards may assist a police officer in traffic control at the officer’s request. (c) It shall be unlawful for any person to fail to obey or comply with the lawful signal or order of a school crossing guard.

(a) It shall be unlawful for any person to drive, or cause to be driven, any vehicle, including a motor vehicle, on or over any curb, sidewalk or drainage structure, except as provided in subsection (b) of this section and over driveways constructed for such purposes; provided, that this section shall not apply in emergencies where suitable provision is made, by the laying of planking or otherwise, for the bridging of such curb, sidewalk or drainage structure in such a way that no damage will be done thereto. (b) Bicycles which are not motorized and special vehicles used by handicapped persons may be operated upon sidewalk areas and appurtenant drainage structures designed for pedestrian use except where, in the judgment of the county executive, it is necessary for the safety or control of vehicular and pedestrian traffic to prohibit riding of such vehicles. Whenever any person is riding upon a sidewalk, such person shall give an audible signal and yield the right-of-way to any pedestrian. The county executive may, by regulation adopted under method (3) of section 2A-15 of this Code, define "special vehicle" and "handicapped;" establish licensing requirements; and establish hours during which special vehicles may be operated upon sidewalk areas. (c) The county executive shall provide for the erection of such traffic-control signs on sidewalk areas or bikeways as may be necessary to ensure the safety of bicyclists, pedestrians and operators of motor vehicles; provided that no sign shall be erected on state highways without the approval of the state highway administration.

(a) The county executive is hereby authorized from time to time to designate, by executive order, important streets and highways of the county as snow emergency routes, which shall be marked by snow emergency route signs. (b) Upon the declaration of a snow emergency by the county executive by press release and such other public notice within the discretion of the county executive as it is practical to give under the circumstances, the following traffic and parking regulations shall be in effect and shall continue in effect until the end of the emergency as determined by the county executive. Such emergency may exist by reason of imminent or actual snow or ice conditions. (1) No person shall operate any vehicle upon a snow emergency route unless at least two (2) power wheels of such vehicle are equipped with snow tires or tire chains in a good state of repair. For the purpose of this section, snow tires and chains shall mean those tires and chains which are designated and approved by the state. It shall be the duty of all persons within the county to observe said snow emergency signs and orders during periods of emergency declared under this section in accordance with the provisions of this section and in accordance with the regulations of the county executive issued under this section. (2) It shall be unlawful for any vehicle to be parked and left unattended within the right-of-way of any snow emergency route. (c) Any vehicle parked and left unattended on a snow emergency route in violation of this section may be impounded and removed by the county or its agent, and all costs of towing, storage or impounding shall be charged to the owner of the vehicle. All such charges including any fine or penalty shall be paid to the county or its duly authorized agent before the owner may reclaim the vehicle.

It shall be unlawful to park any unregistered motor vehicle or trailer upon the highways, roads, streets or other public property in the county at any time. No unregistered motor vehicle or trailer shall be parked in violation of this section.

No vehicle shall be stopped, standing or parked upon any road, highway, alley or public parking facility of the county so as to impede the movement of traffic or constitute a threat to public safety.

(a) Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive. (b) In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all fines and penalties assessed for any violation of this Chapter and any towing or storage charges incurred. All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

(a) Definitions. In this Section, the following words have the meanings indicated: School zone means an area within a half-mile radius of any school established by the State Highway Administration or the County pursuant to the Maryland Transportation Code § 21-803.1. Speed monitoring system means a device with one or more motor vehicle sensors producing recorded images of motor vehicles traveling at speeds at least 12 miles per hour above the posted speed limit. Walkshed means a boundary area designated for walking and biking to and from school as specified by the Montgomery County Board of Education Student Transportation policy. A walkshed distance is dependent on the grade level of a student. (b) The County Executive may authorize, by Executive Order, the use of a speed monitoring system in the County: (1) on a highway in a residential district with a maximum posted speed limit of 35 miles per hour, and (2) on a highway in a school zone. (c) An unmanned stationary speed monitoring system must not be activated for the first time after October 1, 2009 until the Executive publishes notice of the location of the speed monitoring system on the County’s website and in a newspaper of general circulation in the County. (d) If a speed monitoring system is placed on a highway in a school zone, each sign that designates the school zone must indicate that a speed monitoring system is in use. (e) Safe routes to school infrastructure review – required. Upon notification by law enforcement of a traffic collision involving a pedestrian walking, biking, or using other non-motorized conveyances to or from school, the Department of Transportation must perform a safe route to school infrastructure review of each collision that: (1) occurs on a County road; (A) within a school zone; or (B) within a walkshed, if the collision occurred between 7 a.m. and 9 p.m. on a school instructional day; or (2) occurs at a school bus stop, upon notification by Montgomery County Public Schools. (f) Contents of the safe routes to school infrastructure review. The review under subsection (e): (1) must identify: (A) any deficiencies in engineering, traffic control, and traffic operations; (B) appropriate corrective actions and crash reduction countermeasures, including a redesign of the road network consistent with the United States Department of Transportation’s best practices and the County’s Vision Zero program; and (C) prior collisions in the vicinity; and (2) may identify changes to safety-related outreach and education programs by the Department, if warranted. (g) The Department of Transportation must: (1) complete the safe routes to school infrastructure review within 6 months after notification by law enforcement or Montgomery County Public Schools when an injury or fatality has occurred on a County maintained roadway; and (2) post the contents of the review on the County’s website.

(a) Definitions. As used in this Section: Board means the County Board of Education. Chief means the County Police Chief. Violation means a violation of Transportation Article § 21-706. School bus means a bus operated by the Board to transport students. School bus safety camera means a camera placed on a school bus that is designed to capture a recorded image of a driver of a motor vehicle committing a violation authorized by Transportation Article § 21-706.1. (b) The Chief, after consulting with the Board, may install, operate, and maintain school bus safety cameras on school busses as permitted by Transportation Article § 21-706.1. (c) A person who commits a violation recorded by a school bus safety camera is subject to a civil penalty authorized by Transportation Article § 21-706.1. (d) The Executive, by Method 2 regulation, must establish the amount of the civil penalty up to a maximum of $250. (e) The County must use any fines collected by the County for a violation recorded by a school bus safety camera: (1) to recover the costs of installing, operating, and maintaining school bus safety cameras; and (2) for public safety purposes, including pedestrian safety programs.

(a) Legislative findings. The County Council finds and declares that: (1) In 2016, the Montgomery County Council passed Resolution No. 18-390 supporting Vision Zero and the policies and investments necessary to achieve it by 2030. Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, and equitable mobility for all. (2) Progress has been made to reduce injuries and deaths on our roadways due to more sidewalk installations, dedicated bike lanes, automated traffic enforcement, and other traffic calming techniques that decrease safety risks for non-motorists and motorists alike. While we have made advancements in our safety investments for pedestrians and cyclists in the County, residents in our equity-emphasis areas are still more likely to experience an injury or fatality on our roads. (3) Since 2020, 41 pedestrians and bicyclists have been killed by motorists, and over 1,400 have been injured. In 2022 alone, 19 non-motorists died and 574 were hit. (4) Since 2015, 64 percent of all pedestrian-involved crashes occurred at intersections. For bicyclists, 74 percent of all incidents occurred at intersections. (5) Ensuring the health and safety of 1.1 million residents will continue to be a top priority for the Montgomery County government. By implementing evidence-based measures and maximizing resources to areas in critical need, more lives can be saved. (b) Definitions. As used in this Section: Department means the Department of Transportation. Director means the Director of Transportation or the Director’s designee. Downtown area has the same meaning as stated in Section 49-31. Leading pedestrian interval means a traffic control device that: (1) allows a pedestrian to establish a presence in the crosswalk before vehicles are given a green indication; and (2) has specifications in accordance with the most recent edition of the Manual on Uniform Traffic Control Devices for Highways and Streets. Town center area has the same meaning as stated in Section 49-31. (c) Signage – required. The Department must erect signage that indicates “No Right Turn on Red” at County-owned signalized intersections located: (1) in a downtown area; and (2) in a town center area. (d) Right turn on red – prohibited. A driver of a motor vehicle must not make a right turn on a red signal as marked by a posted sign under subsection (c). (e) Leading pedestrian interval – required. The Director must install or cause to be installed a leading pedestrian interval at every crosswalk of a County-owned signalized intersection located: (1) in a downtown area; (2) in a town center area; and (3) at the closest intersection within 1,300 feet in each direction of an access point of a school, park, rail, library, bus rapid transit station, or community center frontage. (f) Exemption. The requirements of subsection (c) or (e) do not apply at a signalized intersection if the Director determines that installing a “no right turn on red” restrictions or leading pedestrian interval would significantly impair public safety. (g) Annual Reporting. By July 1 of each year, the Director must transmit to the Council a report that includes: (1) a rationale or evaluation, for any intersection where the Director determined, under subsection (f), the installation of “no right turn on red” signage or a leading pedestrian interval is exempt; and (2) the number of referrals made by the Department to a municipality, the State Highway Administration, Montgomery County Public Schools, or any agency requesting an infrastructure safety review for each traffic collision that occurred on a non-County maintained roadway. (3) The report must be updated and resubmitted to the Council annually to account for any changes in circumstances or recommendations by the Department.

(a) The County Executive, or the Executive’s designee, must transmit to the Council an automated enforcement action plan that includes: (1) an explanation of the plan, the goals, and the strategies to increase automated enforcement programs approved for use in the County by the Council; (2) a recommended number of automated enforcement cameras, by camera type, that should be deployed in the County to achieve appropriate levels of enforcement and related traffic safety results; (3) a timeline for deploying the recommended number of cameras, including the number of additional cameras to be deployed, by camera type and by fiscal year; (4) the amount of funding necessary, in addition to what has been authorized as of the date of the plan’s publication, by fiscal year, to attain the target number of cameras; and (5) any other necessary recommendations for consideration. (b) Annual plan. The plan must be updated and resubmitted to the Council annually.

(a) Definitions. In this Section, the following terms have the meanings indicated. (1) Chief means the Chief of the Department or the Chief’s designee. (2) Department means the Montgomery County Police Department. (3) Program or pilot program means the Vehicle Noise Abatement Monitoring Pilot Program established under this Section. (4) Program liaison means the local designee required under Chapter 624 of the 2024 Laws of Maryland. (5) The following terms have the same meanings as indicated under Chapter 624 of the 2024 Laws of Maryland: (A) noise abatement monitoring system; (B) noise abatement monitoring system operator; (C) owner; and (D) violation. (b) Program established. There is a Vehicle Noise Abatement Monitoring Pilot Program implemented by the Department pursuant to Chapter 624 of the 2024 Laws of Maryland. (c) Program requirements and location of monitoring systems. (1) The Department must deploy and utilize 3 noise abatement monitoring systems within the County to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended. (2) The County must not deploy or utilize a noise abatement monitoring system within the County for any purpose other than to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended. (3) Before activating a noise abatement monitoring system, the Department must: (A) publish notice of the location of the noise abatement monitoring system on the County website; and (B) ensure that each noise abatement monitoring system is proximate to a sign that: (i) indicates that noise abatement monitoring systems are in use in the area; and (ii) is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under Section 25-104 of the Transportation Article of the Maryland Code, as amended. (4) If the Department moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the Department must not issue a citation for a violation recorded by that noise abatement monitoring system: (A) until signage is installed in accordance with paragraph (2) of this subsection; and (B) for at least the first 15 calendar days after the signage is installed. (d) Program liaison. (1) The Chief must designate a program liaison. (2) The program liaison must not: (A) be employed by a noise abatement monitoring system contractor; or (B) have been involved in the initial review or issuance of the warning notice or citation. (3) The program liaison must: (A) investigate and respond to questions or concerns about the pilot program; (B) review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability under Chapter 624 of the 2024 Laws of Maryland; (C) subject to paragraph (4), if the program liaison determines that the warning notice or citation is an erroneous violation, void the warning notice or citation; (D) on receipt of a written question or concern from a person, provide a written answer or response to the person within a reasonable time; and (E) if the program liaison voids or waives a citation, notify the Maryland Vehicle Administration for the purpose of rescinding any administrative penalties imposed by the Maryland Vehicle Administration. (4) The program liaison must not determine that a warning notice or citation is an erroneous violation based solely upon the dismissal of the warning notice or citation by a court. (5) If the program liaison determines that a person did not receive notice of a warning notice or citation due to an administrative error, the program liaison may resend the warning notice or citation in accordance with Chapter 624 of the 2024 Laws of Maryland. (6) The program liaison may waive a warning notice or citation if the person alleged to be liable under this Section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations. (e) Operations and enforcement. (1) Operation of a monitoring system. In accordance with Chapter 624 of the 2024 Laws of Maryland, a noise abatement monitoring system: (A) must be operated by a trained and qualified operator; and (B) must undergo an annual calibration check by an independent calibration laboratory. (2) Warning notices and citations – contents and mailing. A warning notice or citation issued under this Section must be mailed to an owner and must include the information required under Chapter 624 of the 2024 Laws of Maryland. (3) Number and timing of citations – limitations. The Department must not: (A) issue more than one citation to a person per day for a violation enforced by a noise abatement monitoring system; or (B) issue a citation applicable to a motor vehicle during the first 30 days after a warning for a first offense applicable to the motor vehicle is mailed to the owner. (4) District Court procedures. The Department must administer and process civil citations issued under this Section: (A) using a uniform citation form prescribed by the District Court; and (B) in accordance with procedures adopted by the Chief Judge of the District Court. (5) County contractors. If a contractor operates a noise abatement monitoring system or administers or processes warning notices of citations generated by a noise abatement monitoring system on behalf of the County, the contractor’s fee must not be contingent upon a per-ticket basis on the number of warning notices or citations issued or paid. (f) Civil penalties. A person liable for a violation enforced by a noise abatement monitoring system is subject to: (1) for a first offense, a warning notice; and (2) for a second or subsequent offense, a civil penalty not exceeding $75. (g) Use of funds. The fines collected by the County as a result of violations enforced by noise abatement monitoring systems must be used solely: (1) to recover the costs of implementing and administering the noise abatement monitoring systems; and (2) for public safety purposes, including pedestrian safety programs. Sec. 3. Public Information Act. The County Council intends that recorded images maintained by the Montgomery County Police Department (MCPD) under Section 31-9E, added under Section 1 of this Act, are exempt from disclosure under the Maryland Public Information Act (PIA), Md. Code Ann., § 4-101 et seq. The MCPD may adopt regulations to ensure the confidentiality of the recorded images under the PIA, including a regulation to define the recorded images as sociological data under PIA § 4-330.

Whenever, in the judgment of the county executive, it is necessary for the safety or control of vehicular traffic and parking or for pedestrian safety, he is authorized to provide by executive order for the erection of no stopping, no standing, no parking, and other parking control signs and devices on public streets, highways or other areas in the county; provided, that no such sign or device shall be erected on state highways without the approval of the state highway administration; and provided, that no such sign or device shall be erected at the cost of the county government in any incorporated town or special taxing area unless the council has by resolution consented to the payment of such costs; and provided, that if the private owner of any land used by the general public shall cause to have erected no-stopping, no-standing, no-parking or other parking control signs or devices upon streets, highways, and other areas within said private property, said signs shall conform to the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" with regard to design, color, size and placement.

(a) The county executive or his designee and the county police or other authorized persons so designated by the county executive, are hereby authorized and empowered at any time to designate any streets and areas within the county as emergency or temporary no parking zones or temporarily to prohibit vehicular and pedestrian traffic on such streets and areas, in the event of emergencies such as fires, riots, accidents or other events likely to attract large crowds, for the purposes of street maintenance or for any other public purpose. (b) When and in the event such streets and areas as hereinabove mentioned are so designated, parking of vehicles and vehicular and pedestrian traffic in such streets and areas is prohibited.

No vehicle shall be parked in violation of any sign provided for in this chapter or regulation issued pursuant thereto or other official sign, and both the owner or operator thereof shall be subject to the penalties provided for in this chapter for any such violation.

(a) During the periods of snow accumulation, the county executive is authorized, upon meeting the notice requirements of section 31-6 of this chapter, to restrict as hereinafter provided the parking of any vehicles on the street and highways of the county for the purposes of facilitating snow removal. Commencing at 7:00 a.m. on the day following the giving of notice by press release, the following restrictions shall be in force, except on Sundays: (1) No parking shall be permitted between the hours of 7:00 a.m. and 5:00 p.m. on Mondays, Wednesdays and Fridays on the side of any street or highway where the buildings situated thereon bear even street numbers. (2) No parking shall be permitted between the hours of 7:00 a.m. and 5:00 p.m. on Tuesdays, Thursdays, and Saturdays on the side of any street or highway where the buildings situated thereon bear odd street numbers. (3) In any block wherein parking is prohibited on one side of the street for the entire block, such parking prohibition shall be suspended during such periods as the other restrictions of this section are operative. (b) Any vehicle parked and left unattended in violation of the provisions of this section or any order or declaration of the county executive issued pursuant to this section may be removed and impounded as provided in section 31-21 of this chapter.

(a) A person must not park any recreational vehicle or utility trailer on any public roadway except: (1) for up to 18 hours while actively engaged in loading or unloading passengers, merchandise or materials, or (2) for up to 48 hours if the vehicle is involuntarily parked because of mechanical failure or other emergency. (b) A person may park a heavy commercial vehicle or a bus on a public roadway where both sides of the street abut a property zoned for a commercial or industrial use, unless parking is otherwise prohibited by an official sign or other law applicable to all motor vehicles. A person must not park a heavy commercial vehicle or bus on any other public roadway unless it is: (1) a vehicle engaged in loading or unloading passengers, merchandise or materials; (2) a heavy commercial vehicle used by the owner or operator when engaged in work on the property abutting the street; (3) a bus that stops for a period of time, not to exceed 30 minutes, to maintain a schedule at an authorized terminal stand for a bus route operating under a permit from the State Public Service Commission; (4) a vehicle that is involuntarily parked because of mechanical failure or other emergency for 48 hours or less; or (5) a public contractor’s vehicle as defined in § 31-1.

It shall be unlawful for any person, business or corporation to perform service or repairs on a vehicle parked on a public street within the county, or to store or park on any public street, any motor vehicle left in the custody of any business; provided however, that this section shall not apply to emergency service or repairs; vehicle owners performing minor service or repairs on their respective vehicles otherwise legally parked and operative; or the accommodation for the immediate transfer, exchange or removal of a vehicle to or from a garage, repair shop, service or parking facility.

The parking of motor vehicles and trailers upon the highways, roads and streets in the county for a period longer than twenty-four (24) hours is hereby prohibited; except when not otherwise prohibited adjacent to property lines of owner’s residence or business.

The parking of vehicles and trailers at any time on any improved public street within a distance less than thirty-five (35) feet from nearest curb line of an intersecting public street is prohibited; provided, that the area in which parking is thus prohibited and the curb space so affected shall be so designated by an appropriate sign or by yellow paint; provided, further, that it is the purpose and intent of this section to prevent the obstruction of the vision of anyone approaching an intersection. The term nearest curb line of an intersecting public street, as used in this section, shall be construed so that measurements shall be made from either the point of intersection of the actual curb or curb lines, or in cases of rounded corners from the point at which a straight extension of the nearest intersecting curb line would meet a straight extension of the nearest curb line of an intersecting public street.

It shall be unlawful for any vehicle to remain parked in any block, parking area or zone beyond the posted time limit of that block, area or zone. The movement of any vehicle from one parking space to another within the same time zone within the same block, after such time has elapsed, does not extend the allowable time a vehicle may remain parked in that same block.

The parking of vehicles at any time on the public ways of the county in such a manner that any part of the vehicle so parked is within five (5) feet of either curb edge of any existing opening or hereafter established entrance to any public or private driveways or shall overlap or obstruct any existing opening or hereafter established entrance to any public or private driveways is prohibited; except, that an owner may obstruct his own private residence driveway.

Except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or official traffic-control device, a person must not: (a) Stop, stand or park a vehicle, whether occupied or not: (1) In any manner on a public highway which impedes the movement of traffic or constitutes a threat to public safety. (2) On a sidewalk. (3) Within an intersection. (4) On a crosswalk. (5) Alongside any street excavation, obstruction or barricade or opposite any street excavation, obstruction or barricade, when stopping, standing or parking would obstruct traffic. (6) Upon any bridge or other elevated structure upon a highway or within a highway tunnel. (7) On any ramp entering on or exiting from, any highway with two (2) or more traffic lanes moving in the same direction. (8) On any property owned or leased by the board of education of Montgomery County or Montgomery College where an official sign prohibits such parking. (9) In any place an official sign prohibits parking during specific a.m. or p.m. peak traffic periods, during the times posted on the sign. (10) Between a sidewalk or roadway curb and the property edge of a public street or highway, except in an emergency. (11) On any bikeway. (b) Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: (1) Within fifteen (15) feet of a fire hydrant. (2) Within twenty (20) feet of any crosswalk whether at an intersection or not, when such crosswalk is marked off by painted lines. (3) Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway. (4) Within twenty (20) feet of the driveway entrance to any fire or rescue station or on the side of a street opposite the entrance to any fire or rescue station, within seventy-five (75) feet of said entrance, when proper sign is posted. (5) At any place an official sign prohibits standing. (6) On the roadway side of any vehicle stopped or parked at the edge or curb of a street. (7) In any fire lane when posted by official sign or proper markings. (8) In the area immediately in front of theaters where designated by official signs. (9) With one (1) or more of the side wheels more than twelve (12) inches from the curb. (10) In a direction other than the flow of traffic. (11) So as to prevent another vehicle already stopped near the curb or otherwise legally parked, from moving away. (12) Not wholly within a designated parking space, or within two (2) feet of the front or rear bumper of another vehicle parked at or parallel to the curb. (13) In a bus stop when properly posted. (14) In a taxi stand when properly posted by official signs. (c) Park a vehicle, whether occupied or not, except temporarily, for the purpose of and while actually engaged in loading or unloading merchandise or passengers: (1) Within fifty (50) feet of the nearest rail of a railroad crossing. (2) At any place an official sign prohibits parking.

(a) Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive. (b) In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing or storage charges incurred. (c) All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

This article applies to all public parking facilities throughout the county operated under chapter 60 of this Code, to all other parking facilities owned or leased by the county primarily for public, employee, or special use parking requiring regulatory enforcement, and to privately owned parking facilities open to and used by members of the general public and regulated by a county executive traffic order as provided for in this article. Any handicap parking sign that conforms to the “Manual on Uniform Traffic Control Devices for Streets and Highways” and is placed on a privately owned parking facility open to and used by members of the general public is enforceable whether or not the facility is covered by a county executive traffic order. For the purpose of this article, a privately owned public parking facility, regulated by county traffic order, will be subject to the same provisions, regulations and penalties contained in this chapter as county owned or leased public parking facilities; however, nothing herein shall prevent the parking of any vehicle on a parking facility owned by an individual, firm or association, if the permission of the individual, firm or association has been obtained. This Article does not apply to any public street or parking lot acquired or operated under Article 29 of the Maryland Code.

(a) The county executive or his designee is hereby authorized, by executive order in the form of traffic orders, to regulate parking of vehicles on county property by the erection of official signs conforming to the regulations regarding signs posted on public streets and highways, and conforming in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." (b) All parking signs erected on any privately owned parking lot within the county shall conform to the regulations regarding signs posted on public streets, highways or other areas in the county, and conform in design, color, size and placement to the standards established in the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways." The county executive or his designee may provide, by executive order in the form of traffic orders, for the erection of official signs regulating parking on any privately owned parking facility within the county, which parking facility is open to and used by members of the general public for parking in connection with retail commercial establishments, or other businesses to which the parking facility is appurtenant. Any traffic order issued under this section may require that the owner, tenant or employees of retail or commercial establishments furnish evidence necessary for the enforcement of such order.

(a) Spaces for parking of motor vehicles shall be marked off along public parking facilities as provided in this chapter by means of painted lines on the parking surface, by raised curbs or by other suitable means so as to clearly delineate said space as a designated and authorized parking space for one vehicle. Directional arrows, stop signs or stop bars and other traffic-control devices shall be provided to assist and direct circulation within public parking facilities. (b) Areas of public parking facilities not otherwise designated by painted lines or otherwise as parking spaces, shall be considered official no parking zones when indicated by posted signs or yellow paint applied to top and face of curb or by yellow painted lines on the parking surface unless otherwise posted.

(a) Every person parking a vehicle in any public parking facility shall park wholly within the area of one (1) individual parking space as marked out by painted lines, curbs or otherwise. (b) No person shall park a vehicle in a designated parking space by backing said vehicle into the parking space when said space is within an area posted by front in only signs. (c) It shall be the duty of all persons to observe the sign markings and other traffic and parking control devices and regulations when using a public parking facility.

Except temporarily for the purpose of and while actually engaged in loading or unloading passengers or for emergency repairs when the vehicle cannot be driven, a person must not park any vehicle on a public parking facility: (1) in violation of an official sign; (2) in a no-parking zone when posted by sign or indicated by yellow painted curb or yellow painted lines on the parking surface, except for a motorcycle where motorcycle parking is permitted by an official sign; (3) in any place that is not designated as a parking space by painted lines, except for a motorcycle where motorcycle parking is permitted by an official sign; (4) in or on any driving aisle, driveway, sidewalk, landscaped area, island, or device for channeling traffic; (5) in an area where parking is temporarily prohibited when marked off by temporary signs or barricades or when an official cover or hood is placed over a parking meter; (6) in a way that prevents another vehicle already stopped or otherwise legally parked in a designated parking space from moving away; (7) for longer than 14 consecutive days in surface parking lots or garages, except when otherwise authorized by Executive order; (8) when the vehicle is unregistered or inoperative or otherwise not capable of being operated legally or safely on County or state highways, roads or streets; (9) by backing the vehicle into a parking space when posted by front-in only signs; (10) in a way that causes the vehicle to straddle the painted lines marking a parking space or otherwise to be parked not wholly in one designated parking space; (11) by leaving the vehicle unattended without first stopping the engine, locking the ignition, removing the key and effectively setting the brake; or (12) in a way that impedes or obstructs the free flow of traffic or causes a hazard to public safety.

(a) Application and interpretation of this section. This section applies to all parking facilities that are open for use by members of the general public. The requirements in this section are in addition to, not instead of, any other federal, State, or local law regarding parking spaces reserved for handicapped individuals. (b) How to tell when a parking space is reserved for handicapped individuals. A parking space is reserved for handicapped individuals if it is designated by an official sign. (c) When a person may park a vehicle in a space that is reserved for handicapped individuals. An individual must not park a vehicle in a space reserved for handicapped individuals unless: (1) an individual who will be getting into or out of the vehicle is handicapped; and (2) a special state registration plate for handicapped individuals or a disabled person's parking permit is displayed on or in the vehicle. (d) Obstructing a space reserved for handicapped individuals. A person who is responsible under Section 49-24A(a) for removing snow and ice from a parking area must not at any time obstruct, or allow another person to obstruct, any space in the parking area that is reserved for handicapped individuals. This subsection applies to any type of obstruction, other than a legally parked vehicle, such as plowed snow or ice, construction materials, or an illegally parked vehicle owned or controlled by the person. A natural accumulation of snow or ice in a parking area reserved for handicapped individuals is not an "obstruction" under this subsection, but must be removed when and as required by Section 49A-24A.

(a) In this Section, a plug-in vehicle means a vehicle that: (1) is made by a vehicle manufacturer; (2) is manufactured primarily for use on a public street, road, and highway; (3) has a rated unloaded gross vehicle weight of no more than 8,500 pounds; (4) has a maximum speed capability of at least 55 miles per hour; and (5) is propelled to a significant extent by an electric motor that draws electricity from a battery that: (A) for a 4-wheeled vehicle, has a capacity of at least 4 kilowatt-hours; (B) for a 2-wheeled or a 3-wheeled vehicle, has a capacity of at least 2.5 kilowatt-hours; and (C) can be recharged from an external source of electricity. (b) Plug-in vehicle includes a qualifying vehicle that has been modified from the original manufacturer's specifications. (c) A person may not stop, stand, or park a vehicle that is not a plug-in vehicle in a space that: (1) is marked for the use of plug-in vehicles with an official sign that conforms to regulations adopted pursuant to Section 31-23; and (2) provides access to a plug-in vehicle recharging station.

Except when expressly authorized in writing by the county, the following vehicles are prohibited from entering upon a county-owned and -operated public parking facility: (1) Any trailer or towed vehicle. (2) Any truck having a manufacturer's rated carrying capacity greater than (1) ton. (3) Any vehicle with a gross weight greater than eight thousand (8,000) pounds. (4) Any vehicle having an overall length more than twenty (20) feet including any load thereon. (5) Any vehicle wider than eight (8) feet. (6) Any bus.

It shall be unlawful for any person to enter upon a county-operated public parking facility and: (1) Engage in any conduct, sport or activity which may jeopardize the safety or welfare of persons or property, including but not limited to riding any coasting device, bicycle or unregistered self-propelled vehicle, playing in or tampering with elevators, climbing, skating or skateboard riding, ball playing, throwing, slinging or otherwise projecting objects within or from public parking facility and sledding. (2) Tamper with, deface or otherwise cause injury to fire equipment, parking equipment or other county property contained therein or to any automobile parked therein. (3) Discard waste material or otherwise deposit litter on the premises. (4) Fail to pay the prescribed parking fee to the attendant/cashier upon removing a vehicle from said facility when such facility is operated by an attendant/cashier employed by the county.

(a) Except when authorized by written permission of the county, no person, association, business or corporation, shall cause or otherwise be responsible for a county-owned or -leased and operated public parking facility to be used for any of the following purposes: (1) The storage of or access to refuse containers associated with the use of any adjacent property. (2) For vehicular access to the adjacent property. (3) For the staging of construction, maintenance or repair work to the adjacent property. (4) For the solicitation of the general public for taxi, charity, business or political purposes or for the distribution of any handbill. (5) For a public assembly. (6) For the storage of equipment or materials of any kind. (7) To perform any service, maintenance or repair on any motor vehicle parked therein except for emergency service and repair necessary for the removal of an inoperative motor vehicle. (8) To park or store any motor vehicle left in the custody of the management of a garage, repair shop or service facility. (9) To park or store any new or used automobile which has been transferred to an automobile dealership for the purpose of trade or sale and not registered unless the vehicles displays dealer license plates. (10) To load or unload commercial vehicles. (11) To cause, allow or conduct student driver training classes or instruction. (b) Notwithstanding subsection (a), the County Executive must establish, by regulation adopted under method (3), procedures to issue written permits for the use of County owned or leased and operated parking facilities for storage and off-street parking purposes under the following conditions: (1) Storage or parking restricted to areas of the facility designated by the Department of Transportation. (2) Vehicle operation and parking within such facilities fully in accordance with County regulations including the observance of posted regulations and appropriate parking meter fees. (3) The term of such permits not to exceed one (1) year and providing not less than thirty (30) days’ notice of termination or suspension upon a finding that such action is necessary to carry out the purposes of the public parking district provisions of this Code or shorter notice upon occasion of emergency repairs, demolition or other public exigency. (4) Establishment of a permit fee schedule sufficient, when considered with the parking meter fee, to cover the operating costs and amortized capital costs of the space involved.

(a) The county executive is hereby authorized from time to time to designate, by executive order, important public parking facilities of the county, or areas thereof, as snow emergency lots which shall be marked by snow emergency lot signs. (b) Upon the proper declaration of snow emergency as provided by law, no person shall park or cause a vehicle to remain parked on any public off-street parking facility between the hours of 7:00 p.m. and 7:00 a.m. where such signs are posted. Imposition of such emergency regulations are intended for public safety reasons and to facilitate the removal of snow and ice from parking surfaces and driving aisles. (c) No vehicle shall be parked in violation of this section. (d) Any vehicle parked and left unattended on a snow emergency lot in violation of this section may be impounded and removed by the county or its agent, and all costs of towing, storage or impounding shall be charged to the owner of the vehicle. All such charges including the fines and penalties provided by this chapter shall be paid to the county or its duly authorized agent before the owner may reclaim the vehicle.

(a) Any vehicle parked in violation of this article or otherwise parked so as to constitute a definite hazard to public safety or is so parked, stopped or standing so as to impede or obstruct the normal movement of traffic or pedestrians, may be impounded by members of the department of police or other authorized persons designated by the county executive. (b) In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing or storage charges incurred. (c) All such fines, penalties, costs and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

This article shall apply to all parking meters installed and operated by the county pursuant to the provisions of this chapter and chapter 60 of this Code.

(a) Parking meters. (1) The County Executive by executive order may authorize the installation, maintenance and operation of parking meters along, and limiting the time motor vehicles may park on, any street or road located in the County and on public parking facilities acquired by or leased to and operated by the County, by use of parking meters or otherwise. (2) The Council by resolution adopted under Section 2-57A must prescribe parking meter or other fees for parking at parking facilities and on streets and roads. (3) After the adoption of such regulations, the county may purchase, install, maintain and operate any such parking meters on all streets, highways, alleys and public parking facilities in accordance with the executive order issued under paragraph (1) of this subsection; provided that the location thereof is approved by the county executive. (b) Enforcement. The department of police or other authorized persons designated by the county executive, or his designee, shall enforce such regulations regarding parking and parking meters. (c) Use of fees. All parking meter and other fees or fines shall be applied first to the expense of installing, maintaining, operating and enforcing such parking meters and then to the general fund of the county unless said parking meters are within a parking lot district as provided by chapter 60 of this Code, in which case said revenues shall be applied to said district.

Each parking meter required by this article shall plainly indicate the hours of the day during which its use shall be required and the parking space to which it is appurtenant. When any vehicle is parked during such hours in a space provided for above, the driver shall, immediately upon entering such space, deposit a coin or coins of the United States in the adjacent parking meter. Each meter shall indicate the total length of time the adjacent space may be used by each operator and the length of time for which the deposit of coin will entitle the operator to use the space. After coins are deposited in a parking meter as required above, a mechanical device on the meter shall continuously indicate the remaining length of time during which the adjacent space may be used. When such time has fully expired, a mechanical device on the meter shall plainly so indicate.

It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked, whether occupied or not, in any parking space provided for by this article, during the hours stated on the meter, when the adjacent meter indicates by mechanical device that the time paid for by the deposit of a coin or coins has expired. No vehicle shall be parked in violation of this section.

Except during times other than stated on the parking meter as operating hours, it shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked, whether occupied or not, in any parking space provided for by this article, beyond the period of time established by the duration of the parking meter, or by any notice on the parking meter limiting the period of time a vehicle may remain parked in such a space. The insertion of additional coins after such time has elapsed does not extend the allowable time a vehicle may remain parked in the same space. This section shall not be interpreted to permit parking in meter spaces that are otherwise restricted by official signs.

It shall be unlawful for any vehicle to be parked, whether occupied or not, in any unmarked parking meter space when such space is parallel to a curb or roadway, in such a manner as to cause the front of the vehicle to extend more than three (3) feet in front of or not more than three (3) feet behind the parking meter designated for that space.

It shall be unlawful for any vehicle to be parked, in whole or in part, in any parking space provided by this article, when another vehicle is occupying said space; except that more than one (1) motorcycle may occupy the same such space as otherwise provided in this article.

Nothing in this article shall be construed to prohibit more than one (1) motorcycle from occupying any parking space as provided by this article, provided that no motorcycle shall be parked in such a manner so as to prevent another from moving away, and provided further that, each owner or operator of such vehicles shall be equally and separately liable for the penalties provided in this chapter if said vehicles are parked after the parking time for the adjacent parking meter for that space has expired.

It shall be lawful for the operator of any taxicab to occupy any parking space as provided in this article, upon paying the proper charge for so doing, but no such operator of a taxicab so parked shall solicit or accept any passenger or passengers while such taxicab is so parked, nor until such taxicab shall have been removed at least one (1) block from the parking space where such taxicab has been so parked.

Nothing contained in this article shall be construed to prohibit commercial vehicles from using on-street public parking spaces as provided in this article, when such commercial vehicles are actually engaged in the loading or unloading of merchandise to commercial business houses in front of which parking meters are located at such times as such parking spaces are not otherwise lawfully occupied; provided, that such commercial vehicles shall not use said parking spaces for any longer period of time than is actually necessary for such loading or unloading; provided further, that in such cases, such commercial vehicles shall not be required to make any deposit of coins in such parking meters.

Nothing contained in this article shall be construed to prohibit commercial or public utility vehicles from using or occupying on-street public parking spaces as provided in this article, when such vehicles are actually engaged in authorized construction, maintenance or service activities to the highway, highway equipment or public utilities and such work is totally within the right-of-way of said highway; and provided that, such spaces are not otherwise lawfully occupied. In such cases, said vehicles shall not be required to make any deposit of coins in such parking meters so long as such construction, maintenance and service work is actively and obviously in progress. In all other cases, such vehicles are subject to all of the provisions and regulations of this chapter.

Nothing contained in this article shall be construed to prohibit public service vehicles from using or occupying public parking spaces as provided in this article, without charge, when the operators of such vehicles are actually engaged on official business and service of the municipality, county, state or federal agency which owns such vehicle, provided that, such vehicles shall not remain parked beyond the posted time limit or parking meter duration of any such spaces unless such vehicle and operator is involved in the service and repair to the street, highway or public parking facility upon which such spaces are located, and provided further, that the county executive or his designee may prohibit such parking without charge in certain parking facilities when the public demand for such spaces exceeds the vehicle capacity of the facility. Except as herein provided and in cases involving an emergency, such vehicles are subject to all provisions and regulations of this chapter and the operator of said vehicle shall be subject to the fines and penalties provided in this chapter.

It shall be unlawful for any person to deposit or cause to be deposited in any parking meter any slug, device or substitute whatsoever in lieu of a coin of the United States.

It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed as provided in this article.

(a) Any vehicle unlawfully parked within any parking space as provided in this article for a period in excess of 30 minutes may be taken into possession by the police officers of the county or other authorized person designated by the county executive, and towed to some proper storage place. (b) In any case involving the impoundment of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Article and any towing and storage charges incurred as a result of impoundment. All such fines, penalties, costs, and charges must be paid to the County before the owner or operator may reclaim or secure the release of the vehicle.

(a) Definitions. In this Section, the following terms have the meanings indicated: Department means the Department of Transportation. Designated parking space means a parking space marked with official, enforceable signage located within a garage in a Parking Lot District. Director means the Director of the Department of Transportation or the Director’s designee. Parking Lot District (PLD) means all the land within the boundary area described under Section 60-1 in Silver Spring, Bethesda, and Wheaton. Qualified childcare center means a licensed childcare provider that: (1) receives federal, state, County, or private childcare subsidies; or (2) accepts subsidized childcare placement; and (3) the facility is located within a PLD or within 0.1 mile radius of the PLD boundary area. Specialized services permit means a unique identification assigned to a specific vehicle, which allows that vehicle to park in a garage located in a PLD. The permit could be in the form of a placard, sticker or electronically matched to a vehicle’s license plate number or some other form of identification method. Specialized service provider (provider) means a non-profit organization in good standing under Maryland law, that is a grantee or recipient of a County grant or service contract and provides services for individuals experiencing homelessness in a PLD. Services may include prepared meals, shelter, clothing, or job placement. (b) Parking permit for specialized service provider - established. The Department is authorized to provide a parking permit for a specialized service provider. A permit holder is allowed to use a designated parking space while actively supporting the operation of a specialized service provider that is managed by the Department of Health and Human Services (DHHS) and located in a County-controlled building. (c) Request for designated spaces and monthly rate – The Director of DHHS may request up to 50 designated parking spaces each month and the Director must provide the initial monthly rate of $10 per space for each designated parking space. The rate may be amended by Council resolution. (d) Number of discounted permits – maximum allowed. The Department must not issue more than 80 specialized service provider permits each month unless the Director determines that additional permits can be accommodated for the number of requested designated spaces. (e) Distribution of specialized service provider permits. If requested by the Director of DHHS, the Department must provide permits on a monthly basis to DHHS. The Director of DHHS is responsible for distribution of the permits to providers for individuals that are actively supporting the operation of the non-profit organization. (f) Parking permit for qualified childcare center - established. The Department is authorized to provide a parking permit for qualified childcare centers. (g) Qualified childcare center parking permit - eligibility. A qualified childcare center may apply for parking permits on a form prescribed by the Director. At the time of application, the applicant must include, at minimum, the following supporting documents: (1) a copy of the license or certificate of registration issued by the Maryland State Department of Education; and (2) a copy of active certificate of general liability insurance. (h) Number of qualified childcare center permits – maximum allowed. The Department must not: (1) issue more than 120 qualified childcare center permits in total for the Silver Spring and Bethesda PLDs; (2) issue more than 50 qualified childcare center permits for the Wheaton PLD; and (3) issue more than 25 permits to an individual qualified childcare center each month. (4) Availability of additional permits. If there is a request for a permit that exceeds the amount allowed under paragraph (1), (2), or (3), the Department must maintain a waiting list and reconsider the request at the beginning of each month. (i) Qualified childcare center permit – rate. The permit rate must be set initially at $10 per month and may be amended by Council resolution. (j) Qualified childcare center permit – payment and distribution. Qualified childcare centers must pay for the permits in advance of distribution by the Department. The Department must distribute the permits to the qualified childcare centers on a monthly basis. Qualified childcare centers must provide the permits to individual workers who commute onsite to support the operation of the center. (k) Parking permits for qualified childcare center – parking hours. A permit granted by the Department allows parking of a vehicle in any long-term space located in a PLD garage between the hours of 6:00 a.m. and 7:30 p.m., Monday through Friday, while the permit holder is actively supporting the operation of a qualified childcare center. (l) Revenue collected. Any revenue collected must be deposited into the PLD fund as required under Section 60-16. (m) Enforcement. (1) A valid specialized service provider permit must be properly displayed to authorize use of a designated parking space. No vehicle other than those assigned the applicable permit may park in the designated parking spaces in the assigned garage located in the Silver Spring PLD. (2) A specialized service provider permit is not valid in any location other than a designated parking space. (3) A valid qualified childcare center permit must be properly displayed and is only valid in a designated long-term parking space within the facilities assigned by the Department. (4) The Department may revoke a permit and prohibit future distribution of permits to an organization or individual if it finds a violation of this Article or any abuse or misuse of a permit. (5) Use of designated spaces, childcare service provider permits, or specialized service provider permits that do not comply with the provisions of this Section may result in enforcement action, which includes ineligibility for permit distribution, fines, towing or immobilization of vehicle. (n) Regulations. The County Executive may develop Method (2) regulations to administer and enforce this Section. The regulations may, as necessary, modify the following: (1) application or eligibility requirements for a parking permit; (2) garage assignments or locations; and (3) expiration or duration of a parking permit.

(a) The County Council finds that the health, safety, and welfare of many residents of the County are adversely affected by major public facilities and government actions. Certain public facilities and land uses which result from government actions, including zoning, cause nonresidents to park on streets in certain residential neighborhoods. Nonresident parking can restrict access by residents to street parking, increase air and noise pollution, and create unsafe traffic conditions. The Council enacts this Section to relieve these conditions, encourage mass transit use, and promote the health, safety, and welfare of County residents. (b) The County Executive may by regulation adopted under Method (3) create, modify, or discontinue a parking permit area in which parking is restricted on specified streets to holders of parking permits issued under this Section. The Executive must consider the creation of a parking permit area upon petition by the residents of a given area. This authority is in addition to any other authority the Executive has to regulate motor vehicle parking. (c) In designating a parking permit area the Executive must take into account: (1) the effect on the safety of resident of the are of intensive use by nonresidents for parking of vehicles; (2) the need of the residents of the area to obtain adequate on-street parking near their residences; (3) the difficulty that residences of the area have in securing adequate on-street parking near their residences because of widespread use of available parking spaces by nonresidents; (4) the impact of major public facilities and programs on the health, safety, and welfare of the residents of the area; (5) the impact of nearby facilities used by the public on the availability of on-street parking for areas residents; (6) the likelihood of increasing the availability of residential parking spaces through a parking permit system; (7) the desire of the residents in the area for a parking permit system; (8) the fact that the residents of an area have contributed to the cost of construction or improvement of streets in the area by direct assessment or indirectly in purchase or rental prices; (9) the need for some parking spaces to be available in the area for use by nonresidents; and (10) other factors the Executive finds relevant. (d) The Executive or the Executive’s designee must hold a public hearing before creating or discontinuing a parking permit area or modifying the boundaries of an existing area. Any interested person may speak at the public hearing. The hearing must be held after due notice in a newspaper of general circulation in the County. The notice must clearly state the proposed action, the exact location of the parking permit area, and where to obtain more information. The additional information must include the reasons for creating, modifying, or discontinuing a parking permit area and any other relevant information. A similar public notice must be prominently posted within the proposed parking permit area. (e) The Executive must decide whether to create, modify, or discontinue a parking permit area within 30 days after the public hearing or period of public comment closes. The Executive may extend the time of decision for 30 days. The Executive must mail a written copy of the decision to any person who submitted written comments or spoke at the public hearing. (f) After a parking permit area is created, or modified the Executive or the Executive’s designee must issue appropriate parking permits and post parking signs in the area, indicating the times, locations and conditions under which a parking permit is required. Permits must be issued only to persons residing on property immediately adjacent to a street or road in the parking permit area. A permit remains valid during the period for which the permit is issued and must be renewed periodically. The Executive must adopt Regulations under method (2) to establish when a permit must be renewed. If a permit holder stops residing in a parking permit area before the permit expires, the permit then becomes invalid. A permit may be transferred only in accordance with regulations adopted by the Executive. (g) The Executive may adopt regulations under Method (2) to implement this Section. (h) The Council by resolution adopted under Section 2-57A must establish fees in amounts sufficient to pay the costs incidental to issuing and renewing of permits under this Section. (i) A person must not park any vehicle or use any parking permit in a manner contrary to this Section or regulations adopted under it.

This article shall apply to the administration and enforcement of the provisions and regulations of this chapter and to the assessment of penalties and the collection thereof by the county for violation of said provisions and regulations. Unless otherwise provided, this article shall also apply to the collection by the county of any fines, penalties, costs or other charges which may be assessed pursuant to any other provision or regulation contained elsewhere in this Code relative to the unlawful parking of a vehicle.

(a) Authority of County Council. The Council must set by Council resolution adopted as provided in Section 2-57A a schedule of fines or other penalties for violations of this Chapter, except that: (1) the fine for parking in a fire lane must not exceed $250; (2) the fine for violating restrictions on parking in a space reserved for individuals with disabilities must not exceed $250; and (3) other fines and penalties must not exceed those imposed for a class B violation; (b) Authority of County Executive. The County Executive may: (1) adopt regulations under method (3) to administer this Chapter, including regulations that govern the collection of fines, penalties, costs, and other charges; (2) waive a fine, penalty, cost, or other charge when: (A) there has been a material error in the preparation of a notice of violation; or (B) the fine, penalty, cost, or other charge has been improperly assessed; (3) if a claim for a refund is made within 1 year after payment, refund the amount of any over payment of a fine, penalty, cost, or other charge paid in error or improperly assessed; and (4) delegate any power, duty, or function necessary to implement this Chapter to any agent, representative, or employee of the County. (c) Signs. Any sign marking a fire lane or space reserved for individuals with disabilities installed after May 31, 1994, should include the amount of the fine for illegally parking in the lane or space. (d) Waivers and refunds. The Director of Transportation must submit a quarterly report to the County Executive that identifies all fines, penalties, costs, and other charges that have been waived or refunded as authorized under subsection (b)(2) and (3). (e) Other jurisdictions. The County Executive may enter into a written agreement with the governing body of any municipality or special taxing area to provide central administration and collection of fines and penalties under this Chapter.

(a) The Director of Transportation must maintain records of and control the issuance of pre- numbered parking violation notices to the Department of Police and other departments authorized by the County Executive to enforce the law relative to illegal parking. (b) The Director shall maintain receivable files for all parking violation notices issued by the said officers of said agencies and record the final disposition of each notice of violation issued. (c) All fines, penalties, costs and other charges imposed by this chapter for illegal parking violations shall be payable to Montgomery County, Maryland and the Director shall administer and collect all such charges in accordance with the written regulations imposed by the county executive and by this chapter. (d) Upon receipt of notification that the recipient of a notice of violation intends to stand trial for said offense, the Director shall notify the court and forward such records as necessary to conduct said trial. In addition, notice shall also be given to the officer who issued said notice of violation to advise said officer that his presence at the trial has been requested by the defendant. (e) The Director may, in accordance with the procedures prescribed by the state motor vehicle administration and state law, give or cause to be given notice to said administration of all vehicles registered by the state and the subject of any outstanding and past due parking violation of this Code and request that the administration refuse registration or transfer of registration of the subject vehicle, until notified by the county that said violation has been satisfied. In such cases, the Director of finance may impose an additional cost of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, for each registration withheld; and the owner of the vehicle shall be subject to payment of such costs, and all other fines, penalties and charges before notice is given to the administration that the subject violation has been satisfied and the registration is released.

(a) Parking enforcement officers, appointed under the regulations of the county personnel board and so designated by the county executive and appropriately uniformed so as to be identified as enforcement officers, are authorized to patrol designated areas of the county for the purpose of enforcing the provisions of this chapter. Such officers have concurrent jurisdiction with the police officers of the county as to the enforcement of all parking, use and conduct provisions and regulations applicable to county streets, highways, alleys, public parking facilities and other property of the county and to privately owned public parking facilities when such facilities are regulated by county traffic orders; except that, such officers shall not have concurrent jurisdiction or authority with police officers of the county to enforce any provision of this chapter relative to moving motor vehicle violations. (b) Parking enforcement officers shall have the power to issue a notice of violation to any motor vehicle or other vehicle owner or operator when such person’s vehicle is found parked in violation of any provision of this chapter, and to issue a summons to appear before a judge of the district court to any person violating any provision or regulation of this chapter. (c) Such officers are further empowered to temporarily restrict motor vehicles from parking in any public parking space in the event of an emergency, public assembly, street or public parking facility cleaning or maintenance operation or for any other public purpose. (d) Such officers are empowered to impound or immobilize motor vehicles as provided in this chapter. (e) Such officers are authorized and empowered to require any person found violating or suspected of having violated any provision of this chapter to present personal identification in the form of a motor vehicle operator’s permit and motor vehicle registration or other suitable identification for the purpose of obtaining such person’s name and address, proof of vehicle ownership or other information as may be required by the district court when charging said person with a violation of this chapter. (f) Such officers are further empowered to direct the owner or operator of any motor vehicle or trailer involved in or the subject of three (3) or more outstanding past-due violations of this chapter, to present identification as provided in the preceding section and to report immediately to the nearest collection agency and pay all outstanding and past due fines, penalties and costs assessed pursuant to violations of this chapter in lieu of said officer impounding or immobilizing the subject vehicle for such outstanding and past due violations. Any person failing to report to the collection agent for payment of delinquent fines as directed by a parking enforcement officer shall be subject to arrest or being issued a summons to appear in court as provided in section 31-59 of this chapter. (g) It shall be unlawful for any person to fail to obey or comply with a lawful order of a parking enforcement officer.

(a) Any police officer, or other authorized person designated by the county executive, finding a vehicle parked in violation of this chapter shall prepare a notice of violation to the owner or operator of said vehicle on a form prescribed by the county and shall attach said notice to the subject vehicle. (b) Said notice of violation shall report: (1) The vehicle identification by registration state and number. (2) The section of this Code said vehicle was parked in violation of. (3) The date, time and location of said violation. (4) The amount of fine charged for said violation. (5) The name of the officer reporting the violation. (6) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation. (7) In any case involving a vehicle parked at a parking meter after parking time has expired, the parking meter number shall also be reported. (c) Each notice of violation shall instruct the owner or operator, or either of them, to pay within 15 days to the Department of Transportation as penalty for the violation, the fine specified by Council resolution under this Article, or to give written notice, within 15 days, to the Department, of the owner or operator’s intention to stand trial for the violation in the District Court. (d) It shall be the duty of each police officer or other authorized person to report each such violation to the Department immediately or as soon thereafter as possible. (e) The notice and report as provided in this section shall bear corresponding serial numbers. All notices assigned for issuance by police officers or other persons shall be reported and fully accounted for by the respective officer or person to whom the notices were assigned and any missing notices or reports shall be immediately reported to the Department and documented by such officer or person.

It shall be the duty of each police officer of the county or other authorized person so designated by the county executive to charge uniformly and consistently the official fine as established by written regulation and provided for in the preceding sections, for violation of each respective parking regulation and provision of this chapter.

Each owner or operator notified under the provisions of the preceding section, shall, within fifteen (15) days of time when such notice was issued, pay to the department of finance, as penalty and in full satisfaction of such violation, the sum amount of the fine as specified on such notice.

(a) If the owner or operator does not comply with the preceding sections and the instructions provided on a notice of violation within the period prescribed by this Article, the fine for such violation must be increased by an additional penalty set by Council resolution adopted under Section 2-57A. (b) Whenever the Department of Transportation or its agent can find, by reasonable access to state motor vehicle administration registration records, the name and address of the owner, the Department or agent must immediately notify the owner in writing that: (1) the violation is overdue and delinquent, (2) the additional penalty has been added, and (3) the owner’s failure to pay the entire fine and penalty makes the owner subject to the warrant and other penalties provided by this Chapter.

Whenever any check or draft tendered to the county in payment of any fine, penalty, cost or other charge as provided in this chapter is dishonored by a bank or otherwise returned as uncollectible, a charge of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, may be imposed and added to the amount due in order to defray the cost of its collection. In such cases, the county may require that the total amount due be paid in the form of a certified check or money order.

It shall be unlawful for any owner or operator of a vehicle or any person to fail to satisfy a notice of violation or summons issued to such person or attached to a vehicle owned by such person, fail to stand trial, fail to appear upon receipt of a summons or other written notification directing said person to appear before a judge of the district court and fail or refuse to make payment of fine for notice of violation within the time period specified by any provision of this chapter.

In any prosecution charging a violation of any provision of this article governing the standing or parking of a vehicle or trailer, proof that the particular vehicle or trailer described in the notice of violation was parked in violation of such provision together with proof that the defendant named in the notice of violation was at the time of such parking the registered owner of such vehicle or trailer shall constitute in evidence a prima facie presumption that the registered owner of such vehicle or trailer was the person who parked or placed such vehicle or trailer at the point where, and for the time during which, such violation occurred.

(a) Any police officer or other authorized person designated by the county executive, having observed any person or having been furnished evidence that any person, business or corporation did violate any provision of this chapter, shall prepare a summons to appear before the district court on a form prescribed by the district court and shall present said summons to the person or an officer of the business or corporation charged. (b) The summons to appear shall cite the section of this chapter that said person, business or corporation violated and instruct said person or representative to appear before the district court on a specified date and time, or to pay, on or before the specified court date and time, as penalty and in full satisfaction for such violation, the fine as specified herein, or as shall otherwise be established from time to time by the district court of Montgomery County. It shall be the duty of each police officer or authorized person to report each such violation to the district court immediately or as soon thereafter as possible.

(a) Members of the department of police or any authorized designee of the county executive are hereby authorized to remove a parked or unattended vehicle or trailer from a street, highway, public way, county property or privately owned public parking lot to the nearest police station, garage or other place of safety designated by the department of police or county executive if said vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter. (1) Whenever a vehicle or trailer is removed from a street, highway, public way, county property or privately owned public parking lot as authorized in this chapter and the officer or agent knows or is able to ascertain from the registration records in the vehicle or trailer or the records of the state motor vehicle administration the name and address of the owner thereof, such officer or agent shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor, and the method by which release can be secured. A copy of said notice shall be sent to the department of finance and to the officer or proprietor in charge of the place where said vehicle is being held. (2) It shall be unlawful for any person to remove or permit the removal of a vehicle from the custody of the county without first obtaining authorization from the county, a court order or paying all fines, penalties, costs and other charges associated with the impoundment of said vehicle. (b) Members of the department of police or any authorized designee of the county executive are hereby authorized to immobilize, in such a manner as to prevent its operation, a parked or unattended vehicle or trailer, if such vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter except that no such vehicle or trailer may be immobilized by any means other than the use of a device or mechanism that will cause no damage to such vehicle or trailer unless it is moved while such device or mechanism is in place. (1) In any case involving immobilization pursuant to this section, such officer or agent shall cause to be placed on such vehicle or trailer in a conspicuous manner notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. Said notice shall further instruct the owner or operator of the procedure to follow to secure release of the vehicle. (2) It shall be unlawful for any person to be found tampering with or removing or attempting to remove the immobilization device without authorization or found removing the warning notice. (c) In any case involving the impoundment or immobilization of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner or operator of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Chapter and any towing and storage costs incurred. All such fines, penalties, costs, and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle.

Whenever any motor vehicle or part thereof is in the custody of the department of police and whenever the owner or person entitled to the possession thereof cannot be located and fails to claim such motor vehicle or part thereof for a period of sixty (60) days after such motor vehicle, or part thereof, came into the custody of the division, the same may be disposed of by the county executive, at public sale, at some time and place which shall be convenient and accessible to the public, provided, that an advertisement of the time, place and terms of the sale, together with a full, detailed description of such motor vehicle, or part thereof, shall be inserted in at least one (1) newspaper of general circulation in the county, at least once each week for two (2) successive weeks prior to the sale; provided, further, that a notice by registered mail shall be sent at least ten (10) days prior to the sale to the owner and lien holder, if any, shown on the records of the commissioner of motor vehicles, or the person entitled to the possession of such motor vehicle or part thereof, if his address be known, or if it can be ascertained by the exercise of reasonable diligence. If such address cannot be ascertained then such notice shall not be required.

A sales receipt as prescribed or approved by the Motor Vehicle Administration of Maryland shall be issued to each purchaser of any such vehicle sold and said receipt shall constitute sufficient evidence of title to any motor vehicle so sold, in order to enable any such purchaser to obtain a certificate of title and registration from the Motor Vehicle Administration of Maryland.

After payment of the expenses of any sale held pursuant to section 31-63 and the amount of storage, transportation and other administrative costs incurred by the county on account of the motor vehicle or part thereof sold at such sale and after payment of any outstanding traffic or parking violations against such vehicle and all liens filed against the motor vehicle or part thereof, the balance, if any, received by the county at any such sale shall be held by the director of finance for a period of ninety (90) days from the date of such sale. The director of finance shall pay such balance to any person who shall file his verified claim prior to the expiration of such period establishing that he is the owner or person entitled to the possession of such motor vehicle. If no such claim is filed within such period, the balance shall be transferred to the police relief and retirement fund of the county.

The provisions of section 2-35 relative to the issuance of a receipt to a person paying same shall not apply to the payment of parking violations and related charges by mail. The canceled check of the owner or operator shall suffice as a receipt in all instances. Payment may be made in person or by mail to the department of finance.

(a) No vehicle shall be parked in violation of the provisions of this chapter or regulations issued thereunder, and the owner thereof shall be subject to the fines and penalties established under the provisions of article VII of this chapter for such violation. (b) Any violation of any provisions of this chapter or regulations promulgated hereunder shall be punished as a class B violation as set forth in section 1-19 of chapter 1 of the County Code. Each day that a violation continues shall be deemed as a separate offense.

(a) For each applicable capital project in the Capital Improvements Program, the Office of Management and Budget must include in or transmit with the CIP an analysis of: (1) the effect of the project on pedestrian and bicyclist access and safety in the project and the surrounding area; and (2) what capital or operating modifications, if any, will be required to promote and maximize safe pedestrian and bicyclist access to, and in the area of, the project. (b) As used in this section, applicable capital project includes: (1) any new or modified building, road, park, school, or other capital project which is: (A) proposed for development on a single unified site; and (B) identifiable as a separate facility; and (2) any project that comprises individual subprojects or items if any individual subproject or element listed in the project description form submitted by OMB, if treated separately, would be covered by paragraph (1). (c) The Council may require any other County department or agency to supplement the analysis submitted by the Office of Management and Budget. (d) The Council may by resolution exempt a category of capital projects which by their nature do not require an analysis under this Section.

(a) The County Council finds that the health, safety and welfare of many residents of the County are adversely affected by excessive non-local traffic in residential neighborhoods. Restrictions on traffic access into or through particular residential areas can enhance the quality of life by reducing traffic hazards, noise, air pollution and litter. The Council enacts this Section to relieve these conditions, encourage mass transit and car pool use, and promote and preserve the livability of residential neighborhoods. (b) The County Executive may, by regulation adopted under Method (3): (1) create, modify, or discontinue a residential traffic management area; and (2) adopt a residential traffic management plan which restricts traffic flow on specified streets in that traffic management area. (c) As used in this Section, unless the context clearly indicates another meaning: (1) area means a residential traffic management area; and (2) plan means a residential traffic management plan. (d) A plan must consider traffic control measures and pedestrian safety improvements which do not close a road or right of way. These measures include signs, pavement markings, sidewalks, speed humps, and physical devices which limit access, channel vehicle movement, or otherwise divert traffic. (e) After receiving an application from a citizens association which represents a significant number of residents of a proposed area, or a petition signed by 15 percent of the households in a proposed area, the Executive must decide whether to create an area and adopt a plan for that area. (f) In deciding whether to create an area and adopt a plan for that area, the Executive must consider: (1) the classification or function of each street in the area and existing street widths; (2) overall traffic volumes and level of use by non-local traffic; (3) pertinent traffic and pedestrian safety factors; (4) the impact of possible traffic flow restrictions on nearby residential areas, businesses, public access and facilities, and the surrounding street network; (5) feasibility of compliance and enforcement; (6) the need of the residents in the proposed area for traffic flow restrictions; (7) approved or pending master or sector plans; and (8) any other factor the Executive finds relevant. The Executive must not reject a proposed plan primarily because it would increase traffic volumes on arterial roads. (g) The Department of Transportation must seek advice on any proposed plan from affected residents and other interested persons on an ongoing basis through regular open meetings and other reasonable means. (h) The Executive or the Executive’s designee must hold a public hearing before creating, modifying or discontinuing an area. The hearing must be held after notice published for two consecutive weeks in a newspaper of general circulation in the County, with the last publication at least 15 days before the hearing. The notice must specify the boundaries of the proposed area, describe the proposed plan, and tell where to obtain more information. A copy of the notice must be prominently posted in the proposed area. (i) Within 60 days after the record of the public hearing closes, the Executive must decide whether to establish an area and implement a plan. Before adopting a plan under subsection (b)(2), the Executive may by any reasonable means confirm the support by citizens in the proposed area for that plan. (j) The authority delegated by this Section is in addition to any other authority the Executive has to regulate vehicle or pedestrian traffic. (k) The Executive may adopt regulations under method (2) to implement this Section. These regulations may include, among other provisions, standards and procedures to reassess periodically any plan adopted under this Section or before this Section took effect. (l) Any traffic restriction which was adopted before this Section took effect to control the volume of traffic in a residential area, and which is lawfully in force when this Section takes effect, must remain in effect until modified or revoked under this Section. (m) The Executive must report by July 1 of each year to the Council on all applications approved or rejected under this Section and the status of pending applications.

In this Article, the following words have the meanings indicated: Child means an individual under the age of 14 years old. Electric low speed scooter or e-scooter means a vehicle that: (1) is designed to transport only the operator; (2) weighs less than 100 pounds; (3) has single wheels in tandem or a combination of 1 or 2 wheels at the front and rear of the vehicle; (4) is equipped with handlebars and a seat or a platform designed to be stood on while riding; (5) is solely powered by an electric motor and human power; and (6) is capable of operating at a speed of up to 20 miles per hour. Electric low speed scooter does not include: (1) an electric personal assistive mobility device; (2) an electric wheelchair or other mobility aid used by a disabled individual; or (3) an electronic scooter used by a child for recreational use that: (A) has a maximum operating speed of up to 10 miles per hour; and (B) does not contain reflectors. Personal use means riding an electric low speed scooter by the owner or any other person who the owner authorizes to ride the electric low speed scooter without charging rent. Recreational use means riding an electric low speed scooter by a child authorized to ride for play, leisure, or instruction.

(a) A person who is under age 18 must wear a helmet when riding an e-scooter on a public street, right-of-way, or bicycle path in the County. (b) The helmet must be approved by the Snell Memorial Foundation or the American National Standards Institute, or other institution that the Director of Transportation determines meets an equivalent standard.

(a) Any County resident who owns an e-scooter for personal use in the County may voluntarily: (1) register the e-scooter with the Montgomery County Police Department by: (A) completing a form provided by the County Executive or designee; and (B) paying a registration fee, if any; (2) have a legible County registration decal on the e-scooter; and (3) remove the County registration decal when the e-scooter is sold, transferred, or dismantled. (b) E-scooter registration under this Section is not transferable. (c) A person, other than the owner, must not remove a County registration decal from an e-scooter. (d) The County Executive may set e-scooter registration fees by Method (3) Regulation.

(a) Applicability. This Section only applies to a company that owns an e-scooter fleet provided for shared use. (b) Registration. The owner of 2 or more e-scooters for rent in the County must register the e-scooter fleet with the Department of Transportation by: (1) completing a form provided by the County Executive or the Executive’s designee; and (2) paying a registration fee. (c) The owner of an e-scooter fleet operating in the County must ensure that each e-scooter has the following information visible: (1) e-scooter company name; (2) unique identifier for each e-scooter; and (3) contact information for the e-scooter company. (d) E-scooter registration under this Section is not transferable. (e) The Executive may set e-scooter registration fees by Method (3) Regulation or through a memorandum of understanding between the Department of Transportation and the owner of an e-scooter fleet.

(a) Minimum age. A person under the age of 14 must not operate an e-scooter. (b) Maximum speed. A person must not operate an e-scooter at a speed greater than 15 miles per hour. (c) Reflectors required. (1) Every e-scooter operating in the County must have: (A) a lamp on the front that emits a white light visible from at least 500 feet to the front; and (B) a red reflector on the rear visible from all distances from 600 feet to 100 feet to the rear when directly in front of lawful upper beams of head lamps on a motor vehicle. (2) In addition to, or instead of, the reflector required in subsection (c)(1)(B), an e-scooter may have a functioning lamp that acts as a reflector and emits a red light or a flashing amber light visible from at least 500 feet to the rear. (d) Parking requirements. (1) An e-scooter must be parked in a standing upright position. (2) Unless otherwise prohibited by law that specifically prohibits parking on a sidewalk, a person may park an e-scooter: (A) in the street buffer zone, which is located between the sidewalk and curb; (B) in the frontage zone, which is located between the sidewalk and right-of-way line; (C) in the curbside zone, which is located on-street, if: (i) corrals or demarcated spaces are available; or (ii) if there is no sidewalk or street buffer zone (D) on a residential street that permits on-street parking; and (E) in a designated location as determined by the Director of the Department of Transportation. (3) A person must not park an e-scooter: (A) on a sidewalk that is 5 feet in width or narrower; (B) in a driveway without the permission of the owner of the driveway; (C) in an area reserved for sidewalk dining; (D) in a transit zone, including bus stops, shelters, and passenger-waiting areas, except at designated areas within a transit zone, as determined by the Director; (E) in a loading zone; (F) in a parking zone dedicated to accessible parking; (G) in a bicycle lane; (H) in a manner that impedes access to a doorway, gate, or other entrance or exit; (I) in a manner that reduces the pedestrian zone to less than 4 feet or that otherwise prohibits the free flow of pedestrian traffic; or (J) in a manner that interferes with places of access for persons with disabilities as required by the Americans with Disabilities Act.

(a) The enforcement provisions in this Section are in addition to the enforcement provisions of Article VII of this Chapter. (b) The fine for a person’s first violation of a helmet requirement of this Article must be waived if: (1) the person charged: (A) is a minor; and (B) produces proof that the person has obtained a helmet for the person’s use; or (2) the person charged: (A) is the parent or guardian of a minor; and (B) produces proof that the person has obtained a helmet for use by that minor. (c) Penalty. The penalty for a violation of the helmet requirement in this law must be a Class C civil violation. (d) Impoundment. (1) The County Police Department may impound any unregistered e-scooter that is provided for rent until the e-scooter is properly registered. (2) The County police must give an impounding receipt to the owner or operator of the unregistered e-scooter that is provided for rent. If an unregistered e-scooter provided for rent is impounded, the County police must hold an unregistered e-scooter provided for rent until it is: (A) registered; (B) donated to a non-profit organization that is exempt from taxation under Section 501(c)(3) of the Internal Revenue Code in the discretion of the Chief Administrative Officer if reasonable attempts to locate the owner are unsuccessful; or (C) disposed of in the manner provided for abandoned motor vehicles under Section 31-63.

A parent or guardian of a minor must not knowingly allow that minor to violate this Article.

Failure of a person to use a helmet as required by this Article, or evidence that a parent or guardian of a minor knowingly allowed the minor to violate a helmet requirement of this Article, must not: (a) be considered evidence of negligence; (b) be considered evidence of contributory negligence; (c) limit liability of a party or an insurer; or (d) diminish recovery for damages arising out of the ownership, maintenance, or operation of a motor vehicle.