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

## Chapter 31. Motor Vehicles and Traffic.

### ARTICLE III. Parking Regulations-Generally.

**Sec. 31-10. Authority of county executive to erect parking signs.**

  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.

**Sec. 31-11. Establishment of emergency or temporary no parking zones.**

  (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.

**Sec. 31-12. Parking vehicles in violation of official signs.**

  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.

**Sec. 31-13. Parking of vehicles during periods of snow accumulation.**

  (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.

**Sec. 31-14. Parking of heavy commercial vehicles, recreational vehicles, utility trailers, or buses.**

  (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.

**Sec. 31-15. Repairing or leaving vehicles on streets for repairs.**

  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.

**Sec. 31-16. Parking over twenty-four hours prohibited.**

  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.

**Sec. 31-17. Parking within thirty-five feet of intersections.**

  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.

**Sec. 31-18. Parking beyond posted time limit, prohibited.**

  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.

**Sec. 31-19. Obstructing entrances to public or private driveways.**

  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.

**Sec. 31-20. Parking prohibited, specifically.**

  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.

**Sec. 31-21. Impounding illegally parked vehicles.**

  (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.