# COMAR Title 14 — Independent Agencies

## Subtitle 28 — Canal Place Preservation and Development Authority

### Chapter 09 — Parking of Vehicles on Canal Place Preservation and Development Authority Property

**Authority:** Financial Institutions Article, §§13-1008(4) and 13-1008.1, Annotated Code of Maryland

**Administrative History:** Effective date: May 17, 1999 (26:10 Md. R. 799)

**Administrative History:** Regulation .09A amended effective January 20, 2003 (30:1 Md. R. 27)

#### Regulation .01 Scope.

*COMAR 14.28.09.01*

This chapter:

A. Governs the parking of motor vehicles on Canal Place Preservation and Development Authority property, the towing and impoundment of motor vehicles improperly parked or abandoned on Authority property, and the sale and final disposition by the Authority of impounded or removed motor vehicles; and

B. Establishes qualifications for designated parking control officers, including prerequisites of character, training, experience, education, and standards for the performance of duties.

#### Regulation .02 Intent.

*COMAR 14.28.09.02*

A. This chapter is intended to enable the Authority to regulate and control the parking of motor vehicles upon Authority property.

B. Motor vehicles improperly parked and abandoned upon Authority property:

  (1) Constitute a public nuisance contrary to the general health, safety, and welfare of the public;

  (2) Deny Canal Place patrons the right to fully use and enjoy the services and benefits offered and made available to the general public by the Authority; and

  (3) Deny Authority employees the ability to:

    (a) Preserve and maintain the orderly control and use of Authority facilities, and

    (b) Prevent congestion and traffic hazards resulting from unauthorized use of Authority property by motor vehicle operators.

#### Regulation .03 Incorporation by Reference.

*COMAR 14.28.09.03*

Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland, is incorporated by reference.

#### Regulation .04 Application.

*COMAR 14.28.09.04*

This chapter applies to all motor vehicles on Authority property.

#### Regulation .05 Definitions.

*COMAR 14.28.09.05*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Abandoned” means a motor vehicle that:

    (a) Is inoperable and left unattended on Authority property for more than 48 hours;

    (b) Has remained illegally on Authority property for more than 48 hours; or

    (c) Has remained on Authority property for more than 48 hours, and is:

      (i) Not displaying currently valid registration plates, or

      (ii) Displaying registration plates of another vehicle.

  (2) "Authority" means the Canal Place Preservation and Development Authority.

  (3) "Authority property" means all property owned or under the control of the Authority.

  (4) “Authorized” means acting under a written permit, contract, or other evidence of right issued by the Authority.

  (5) “Bus” means a motor vehicle that is:

    (a) Designed to carry more than 10 passengers;

    (b) Used to carry people; and

    (c) Operated by public or private carrier.

  (6) “Canal Place patron” means an individual on Authority property for the purpose of authorized use of Authority property, including:

    (a) Authority employees and agents;

    (b) Tenants and their employees and agents; and

    (c) Members of the general public.

  (7) “Director” means the Executive Director of the Authority.

  (8) “Disabled parking areas” means those designated parking areas on Authority property upon which Canal Place patrons may park motor vehicles bearing either:

    (a) A valid handicapped license plate; or

    (b) Other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.

  (9) “Law enforcement officer” means:

    (a) A member of the:

      (i) Maryland State Police, or

      (ii) City of Cumberland Police; or

    (b) An officer designated as a parking control officer.

  (10) Motor Vehicle.

    (a) “Motor vehicle” means a device in, upon, or by which an individual or property may be propelled, moved, or drawn upon land.

    (b) “Motor vehicle” includes a vehicle towed by another motor vehicle, except:

      (i) A device moved by human or animal power; and

      (ii) Aircraft and devices moved exclusively upon stationary rails or tracks.

  (11) “Motor vehicle operator” means an individual who is in actual physical control of a motor vehicle.

  (12) Motor Vehicle Owner or Owner.

    (a) “Motor vehicle owner” means a person who holds the legal title to a motor vehicle.

    (b) “Motor vehicle owner” or “owner” includes a secured party indicated on the motor vehicle title.

  (13) “Parking” means the standing or parking of a motor vehicle, attended or unattended, upon Authority property.

  (14) “Parking control officer” means an Authority employee, or security personnel under contract with the Authority, authorized by the Director to issue a citation under this chapter.

  (15) “Parking lot” means an area designated for parking on Authority property, including public, employee, and tenant areas.

  (16) Person.

    (a) “Person” means an individual, firm, partnership, corporation, company, association, or joint stock association.

    (b) “Person” includes a trustee, receiver, assignee, or other representative of them.

  (17) “State” means the State of Maryland.

#### Regulation .06 General Parking Regulations.

*COMAR 14.28.09.06*

A. The control of all motor vehicle parking on Authority property is governed by this chapter.

B. Unless otherwise authorized, an individual may not park a motor vehicle on Authority property unless that individual:

  (1) Is a Canal Place patron;

  (2) Intends to pick up or discharge a Canal Place patron; or

  (3) Is on Authority property for purposes directly related to the business of the Authority.

C. A person may not abandon a motor vehicle on Authority property.

D. An individual may not park a motor vehicle on Authority property, except:

  (1) In specifically posted and designated areas; and

  (2) During the hours of Authority operations.

E. An individual may not park a motor vehicle on Authority property which interferes with or prevents the passage or movement of buses, emergency vehicles, or other motor vehicles.

F. An individual may not drive a motor vehicle on Authority property without a valid driver's license issued by the:

  (1) State; or

  (2) Jurisdiction where the individual resides, if other than Maryland.

G. The responsibility for finding a legal parking space rests with the motor vehicle operator.

H. An individual may not park a motor vehicle upon Authority property within 15 feet of:

  (1) A fire hydrant; or

  (2) Other fire control apparatus.

I. Unless otherwise authorized, an individual may not stop a motor vehicle upon Authority property:

  (1) To load or unload the motor vehicle in violation of a posted fire or traffic sign or regulation; or

  (2) In a manner which obstructs the movement of vehicular or pedestrian traffic.

J. A motor vehicle operator:

  (1) Shall park in one marked space only within:

    (a) A designated parking area, and

    (b) The marked space;

  (2) Shall leave clear access to adjacent spaces; and

  (3) May not:

    (a) Block driving lanes or roads, or

    (b) Create a hazard to other motor vehicle operators.

K. An individual may not park a motor vehicle in a marked pedestrian crosswalk.

L. An individual may not park a motor vehicle on Authority property to wash, clean, polish, repair, maintain, or overhaul the motor vehicle, except for repairs necessary to remove the motor vehicle from Authority property.

M. Parking in designated disabled parking areas is restricted to Canal Place patrons whose motor vehicles bear either:

  (1) A valid handicapped license plate; or

  (2) Other valid evidence that the user of the motor vehicle is handicapped as provided under Maryland law.

N. An individual may not park in areas adjacent to yellow painted curbs or in any other posted restricted areas.

O. A motor vehicle that is parked or placed on Authority property in such a manner as to be presumed abandoned, or that creates a nuisance or hazard, or that interferes with Authority operations or emergencies, may be towed or removed to a location chosen by the Authority or the Authority's designee.

#### Regulation .07 Taxicabs.

*COMAR 14.28.09.07*

A. An individual operating a taxicab on Authority property may not stop or park the taxicab to block or interfere with the free passage of pedestrians or vehicular traffic on or about Authority property.

B. Taxicabs shall stand only in areas on Authority property posted for taxicabs.

#### Regulation .08 Motor Vehicles Prohibited by Type, Weight, or Size.

*COMAR 14.28.09.08*

Except for individuals having business directly related to the Authority, or unless otherwise authorized, an individual may not park the following vehicles upon Authority property:

A. A trailer or towed vehicle;

B. A truck having a manufacturer's rated carrying capacity greater than 1 ton;

C. A vehicle with a gross weight greater than 8,000 pounds;

D. A vehicle having an overall length more than 20 feet including any load on it;

E. A vehicle wider than 8 feet; or

F. A bus.

#### Regulation .09 Towing, Impoundment, and Sale.

*COMAR 14.28.09.09*

A. The State Police, the City of Cumberland police or their agents, or Authority parking control officers or agents, may take into custody an abandoned motor vehicle, or a vehicle parked in violation of this chapter, which is parked so as to constitute a nuisance or hazard to public safety, impede or obstruct the normal movement of vehicular or pedestrian traffic on Authority property, or deny Canal Place patrons full use and enjoyment of Canal Place property. For this purpose, the State Police, the City of Cumberland police, or Authority parking control officers or agents may use their own personnel, equipment, or facilities, for removing, preserving, and storing the vehicles. The Authority or its agents are not liable for any losses or damages resulting from these actions to the extent provided under Courts and Judicial Proceedings Article, §§5-301—5-304 and 5-522, Annotated Code of Maryland.

B. As soon as reasonably possible and within 7 days after the State Police or the City of Cumberland police or their agents take a vehicle into custody under this regulation, the State Police or the City of Cumberland police or their agents shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:

  (1) The last known registered owner of the vehicle; and

  (2) Each secured party, as shown on the records of the Maryland Motor Vehicle Administration.

C. The notice shall:

  (1) State that the vehicle has been taken into custody;

  (2) Give the name, address, and telephone number of the individual providing the notice;

  (3) Describe the motor vehicle, including year, model, and vehicle identification number;

  (4) Give the location of the facility where the vehicle is held;

  (5) State the authority and reason for the removal, towing, or storage of the motor vehicle;

  (6) Inform the motor vehicle owner and secured parties of the owner's or secured parties' rights to reclaim the vehicle on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody, upon:

    (a) Presentation of proof of identity and ownership or security interest, and

    (b) Signing a receipt for the motor vehicle; and

  (7) Be sent by certified mail, return receipt requested.

D. The Authority or its agent may seek to recover costs of impoundment or storage, and removal under this regulation. If the Authority seeks to apply the provisions of this regulation, the notice required by §B of this regulation shall also state that the failure of the motor vehicle owner or secured party to exercise the right to reclaim the vehicle may cause continuing liability of the owner for reasonable costs of impoundment and storage.

#### Regulation .10 Exceptions.

*COMAR 14.28.09.10*

This chapter does not apply to:

A. Motor vehicles of the Authority, its employees, contractors or subcontractors; or

B. Police or emergency vehicles.

#### Regulation .11 Administration and Penalties.

*COMAR 14.28.09.11*

A. The issuance of citations under this chapter shall comply with the requirements of Transportation Article, Title 26, Subtitle 3, Annotated Code of Maryland.

B. Citations issued under this chapter shall contain sufficient information to enable the individual receiving a citation or citations to:

  (1) Pay for the parking violation; or

  (2) Stand trial.

C. Penalties for parking violations are as provided by ordinance of the City of Cumberland for similar parking violations. A schedule of penalties shall be posted in prominent view of authorized visitors and tenants of Authority property. Penalties for uncontested parking violations may be paid directly to the Director or the Director's designee, at the Authority's principal office.

#### Regulation .12 Parking Control Officer Qualifications and Training.

*COMAR 14.28.09.12*

A. Character.

  (1) A parking control officer:

    (a) Shall successfully pass a preemployment background investigation; and

    (b) May not have been convicted of a felony.

  (2) A parking control officer who fails to maintain a good character shall be relieved immediately of the authority to issue citations under this chapter.

B. Experience and Education. A parking control officer shall:

  (1) Have a minimum of 1 year of experience as a security officer or in a closely related field; and

  (2) Possess a high school diploma or a State equivalence certificate.

C. Training.

  (1) An individual designated as a parking control officer shall be trained in:

    (a) All authority regulations relating to parking control;

    (b) The preparation of citations;

    (c) The areas of customer service, conflict resolution, Authority property operations, and organization; and

    (d) Courtroom procedures, including courtroom demeanor and case presentation.

  (2) The training of a parking control officer shall consist of a minimum of 12 hours covering the subject areas in §C(1) of this regulation.

#### Regulation .13 Performance Standards for Parking Control Officers.

*COMAR 14.28.09.13*

A parking control officer shall:

A. Act in a manner to bring credit both to the position of parking control officer and the Authority;

B. Act in a reasonable manner so as to avoid any confrontation which may:

  (1) Lead to personal injury, or

  (2) Result in embarrassment to the Authority;

C. Keep abreast of changes in the law, regulations, and policies which impact on the parking control officer's duties;

D. Safeguard, maintain, and clean the equipment, uniforms, and accessories which are issued to the parking control officer;

E. Be considered in a sensitive classification subject to the substance abuse policy of the Authority; and

F. Observe all State laws, personnel policies, and regulations applicable to the conduct of Authority employees.