Article 1. In General.

describes where the obstruction exists;

describes how the obstruction impairs the vision of operators of vehicles, including bicycles, or impedes pedestrian or legal bicycle travel on the right-of- way;

describes the steps necessary to correct such conditions; and

directs the person receiving the notice to take corrective steps within a stated period of time.

mailboxes mounted on a support that will bend or break away on impact by a vehicle;

individual residential newspaper boxes mounted on a support that will bend or break away on impact by a vehicle;

street trees placed and maintained under Section 49-33(i);

ground cover placed and maintained under Section 49-33(j);

a temporary, removable obstruction or occupation of a right-of-way installed under a permit issued under Section 49-11; or

as otherwise permitted by law.

is on the same side of the street as a temporary closure; and

provides safe access and passage to pedestrians.

reconstruct or repair a sidewalk, sidepath, driveway, curb, or other structure;

repair, locate, or replace underground utilities or infrastructure under a sidewalk or sidepath;

install a temporary, removable obstruction or occupation of a right-of-way;

close a curb lane, sidewalk, or sidepath in conjunction with the construction or reconstruction of an abutting structure;

install permanent, nonstandard structures in the right-of-way that were approved by the Planning Board, the City of Rockville, or the City of Gaithersburg in a site plan as a site element of streetscape. Streetscape means street furnishings and fixtures used by the public in the right-of-way but does not include structures or improvements for private use. The permit applicant must execute a declaration of covenants that runs with the land on which the streetscape will be installed to perpetually maintain the permitted streetscape in a good and safe condition; return the right-of way to its condition before the permitted streetscape was installed if the nonstandard permitted streetscape is removed; and indemnify the County from any cost or liability associated with the construction, maintenance, use or removal of the nonstandard permitted streetscape; or

install a private, non-commercial structure that is accessory to a residential use. The permittee must execute a maintenance and liability agreement that is approved by the Director of the Department of Permitting Services.

the permit has conditions necessary to:

the Director of Transportation approves a temporary traffic control plan under subsection (g);

the area subject to the temporary closure is not used for vehicle parking;

the permittee has any franchise required under Section 49-20; and

the duration of the temporary closure complies with subsection (d).

a temporary closure to reconstruct or repair a sidewalk or sidepath must not exceed 6 months without the provision of a safe alternative path; and

any other temporary closure must not exceed 15 days without the provision of a safe alternative path.

the extension meets minimum requirements established under Method (2) regulations, including requirements that the permit must:

The Director may grant one extension of a time period under subsection (d), for no more than 15 days, on a showing by the applicant of undue hardship involving significant difficulty or expense.

The Executive must adopt regulations under Method (3) to specify the standards a permittee must meet to demonstrate undue hardship involving significant difficulty or expense.

a professional engineer must certify for the applicant that the plan minimizes inconvenience to the public, provides necessary warnings, and includes safe and reasonable pedestrian alternatives in accordance with accepted engineering standards; and

the permit and the traffic control plan must require signage during construction to inform pedestrians about the duration of the obstruction, the permit number, and the County contact telephone number to call.

violate Chapter 22;

interfere with use of the private road by persons with disabilities;

impede or endanger the users of any building or structure adjacent to or abutting the private road; or

adversely impact the use of connecting public roads.

Sections 49-10 and 49-11 apply to any road that is located in a municipality and owned or maintained by the County; and

if the County owns or maintains a right-of-way, Section 49-11 applies to any temporary closure of the right-of-way.

cause or permit earth, soil, mud, or other foreign material to be deposited on any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or in any drain or ditch designed to carry surface water from any public right-of-way, whether the material is spilled, dropped, placed, washed, or tracked from a vehicle; and

fail to remove immediately from the right-of-way or drain or ditch the material deposited.

Fully enclosed on the bottom and all sides; and

Covered on the top by a firmly secured cover sufficient to contain all loose or bulky material, if the vehicle does not have a roof that covers the entire area in which the load is carried.

Loose material includes dirt, ash, sand, pebbles, rocks, gravel, metal, glass, wood chips, and any other substance that can readily blow off or drop from a vehicle;

Bulk material includes bricks, cinder blocks, lumber, logs, gypsum board, barrels, pipes, furniture, and any other items that can readily drop from a vehicle.

A government agency, or a contractor hired by a government agency, that is using a motor vehicle to:

A vehicle transporting agricultural products as harvested.

A construction or mining vehicle only when it is:

A fire and rescue vehicle.

During significant winter storm events, Montgomery County’s sidewalks often become impassable and covered in piles of snow that are pushed aside from the road as a result of County and State snowplows. The scope of the problem is prevalent on Montgomery County’s busiest roads, where sidewalks are often within an arm’s reach of traffic.

These blocked sidewalks often persist for days following the end of a snowstorm, creating a significant pedestrian safety hazard that often forces pedestrians to walk in a lane with oncoming traffic.

County law allocates the responsibility of property owners to clear snow on a public sidewalk fronting their property within 24 hours of the end of snowfall. However, such clearing rarely occurs due to a variety of reasons, including the difficulty of removing the large piles of compacted snow and ice created by plow trucks.

The County, in its current operation, clears sidewalks in urban districts and approximately sixty (60) miles of sidewalks with no adjacent residential or commercial property owner outside of such areas.

Snow-covered and icy sidewalks adversely affect essential workers and commuters, who often travel by foot or public transportation, and must walk along high-traffic roads to get to bus stops and retail stores.

It is in the best interest of the County to adopt fair, reasonable and equitable legislation to address safety hazards and increase walkability access on sidewalks for pedestrians during winter storms.

Definitions. In this Section:

A person is responsible for removing snow and ice on any sidewalk, sidepath, other areas intended for public pedestrian access, or parking area on or adjacent to property that the person owns, leases, or manages, to provide a pathway wide enough for safe pedestrian and wheelchair use. For purposes of this Section, commonly owned property between a single-family residential lot and a common sidewalk or sidepath is considered part of the lot if the intervening common property includes a sidewalk, sidepath, or driveway that serves only that lot.

Except as provided in paragraph (5), each owner, tenant, or manager is jointly and severally responsible for clearing snow and ice from the property and complying with Section 31-26A(d).

The requirements of this Section do not apply to:

A violation of this Section is:

A person authorized to enforce this Section must not issue a citation for a violation unless the violation still exists 24 hours after a notice of violation. An authorized enforcement officer may issue the notice of violation to any person responsible under subsection (a) for clearing the snow or ice, or post the notice in a conspicuous place on the property where the violation exists.

Each day a violation continues to exist is a separate violation, except for a violation on or adjacent to a single-family residential property.

digital map of the County that shows who is responsible for clearing snow and ice on each sidewalk in the County;

“major storm event”' communications plan that addresses notice to County residents of a major storm event and the sidewalk snow and ice removal requirements in this Section;

targeted public education campaign about sidewalk snow and ice removal for owners of property in the County;

designation of pedestrian priority routes for targeted education and increased snow and ice removal enforcement;

public education campaign about how to request enforcement of this Section;

plan to provide extended hours for County personnel who receive snow and ice removal complaints during a major storm event;

plan for removal of snow and ice on publicly owned property:

plan for trash removal during a major storm event.

orphan sidewalks; and

non-buffered sidewalks or paths within the nineteen (19) arterial roads prescribed below:

any portion of the Purple Line that is located within the public right-of-way under a valid franchise agreement approved by the County Council under Section 49-21; and

any structure related to the Purple Line owned by the State of Maryland or its agencies or divisions, including any hiker/biker trail that will be owned or maintained by the County.