For the purposes of this chapter, the following words and phrases shall 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.
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. (1978 L.M.C., ch. 7, § 2; 1981 L.M.C., ch. 40, § 1; 1986 L.M.C., ch. 22, § 1; 2009 L.M.C., ch. 1; § 1; 2010 L.M.C., ch. 47, § 1.)