# Montgomery County Code — Part II. Local Laws, Ordinances, Resolutions, Etc.

## Chapter 31. Motor Vehicles and Traffic.

### ARTICLE II. Motor Vehicles, Traffic Control and Highways-Generally.

**Sec. 31-2. Authority of county executive to erect traffic signs.**

  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.

**Sec. 31-3. Restriction of traffic, designation of truck routes, etc., by county executive.**

  (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.

**Sec. 31-4. Authority of school crossing guards.**

  (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.

**Sec. 31-5. Driving over curbs, sidewalks or drainage structures.**

  (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.

**Sec. 31-6. Snow and ice emergency traffic control.**

  (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.

**Sec. 31-7. Parking of unregistered motor vehicles or trailers.**

  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.

**Sec. 31-8. Parking vehicles; impeding traffic, threatening public safety.**

  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.

**Sec. 31-9. Impounding illegally parked vehicles, impeding traffic, etc.**

  (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.

**Sec. 31-9A. Speed Monitoring Systems Authorized; safe routes to school infrastructure review.**

  (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.

**Sec. 31-9B. School Bus Safety Cameras Authorized.**

  (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.

**Sec. 31-9C. Traffic Control Signals and Devices.**

  (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.

**Sec. 31-9D. Automated Enforcement Action Plan.**

  (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.

**Sec. 31-9E. Vehicle Noise Abatement Monitoring – Pilot Program.**

  (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.