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. (1978 L.M.C., ch. 7, § 2; 1985 L.M.C., ch. 31, § 20.)

   Cross reference-Applicability of county legislation within municipal corporations, § 2-96.

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. (1978 L.M.C., ch. 7, § 2.)

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. (1978 L.M.C., ch. 7, § 2; 1982 L.M.C., ch. 41, § 1; 1984 L.M.C., ch. 24, § 36.)

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. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36.)

   Editor’s note—See County Attorney Opinion dated 10/6/00 indicating that long-term parking on public streets is prohibited in certain circumstances, but not based on the size of 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. (1978 L.M.C., ch. 7, § 2.)

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. (1978 L.M.C., ch. 7, § 2.)

   Editor’s note—See County Attorney Opinion dated 4/7/03 discussing the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance. See County Attorney Opinion dated 10/6/00 indicating that long-term parking on public streets is prohibited in certain circumstances, but not based on the size of the vehicle.

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. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36; 2004 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 33, § 1.)

   Editor's note—See County Attorney Opinion dated 4/7/03 discussing the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance.

   2004 L.M.C., ch. 16, § 2, states in part: Any fee, charge, or fare in effect when this Act takes effect [July 22, 2004] must remain in effect until amended by Council resolution as provided in Section 2-57, as amended by Section 1 of this Act.