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. (1978 L.M.C., ch. 7, § 2.)

   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. 31-17. 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. (1978 L.M.C., ch. 7, § 2.)

   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. 31-18. 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. (1978 L.M.C., ch. 7, § 2.)

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. (1978 L.M.C., ch. 7, § 2.)

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.

      (10)   Between a sidewalk or roadway curb and the property edge of a public street or highway, except in an emergency.

   (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. (1978 L.M.C., ch. 7, § 2; 2009 L.M.C., ch. 1, § 1.)

   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. 31-21. 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. (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 citing the section in a discussion of 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.

A RTICLE IV. Off-Street Public Parking Regulations. 1

 

Notes

1	*Cross references—Off-street parking and loading requirements, § 59-E-1.1 et seq.; parking lot districts, ch. 60.

Sec. 31-22. Applicability of article.

   This article applies to all public parking facilities throughout the county operated under chapter 60 of this Code, to all other parking facilities owned or leased by the county primarily for public, employee, or special use parking requiring regulatory enforcement, and to privately owned parking facilities open to and used by members of the general public and regulated by a county executive traffic order as provided for in this article. Any handicap parking sign that conforms to the “Manual on Uniform Traffic Control Devices for Streets and Highways” and is placed on a privately owned parking facility open to and used by members of the general public is enforceable whether or not the facility is covered by a county executive traffic order.

   For the purpose of this article, a privately owned public parking facility, regulated by county traffic order, will be subject to the same provisions, regulations and penalties contained in this chapter as county owned or leased public parking facilities; however, nothing herein shall prevent the parking of any vehicle on a parking facility owned by an individual, firm or association, if the permission of the individual, firm or association has been obtained.

   This Article does not apply to any public street or parking lot acquired or operated under Article 29 of the Maryland Code. (1978 L.M.C., ch. 7, § 2; 1986 L.M.C., ch. 22, § 1; 2010 L.M.C., ch. 49, § 1.)

Sec. 31-23. Authority of county executive or his designee to regulate by signs.

   (a)   The county executive or his designee is hereby authorized, by executive order in the form of traffic orders, to regulate parking of vehicles on county property by the erection of official signs conforming to the regulations regarding signs posted on public streets and highways, and conforming 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."

   (b)   All parking signs erected on any privately owned parking lot within the county shall conform to the regulations regarding signs posted on public streets, highways or other areas in the county, and 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." The county executive or his designee may provide, by executive order in the form of traffic orders, for the erection of official signs regulating parking on any privately owned parking facility within the county, which parking facility is open to and used by members of the general public for parking in connection with retail commercial establishments, or other businesses to which the parking facility is appurtenant. Any traffic order issued under this section may require that the owner, tenant or employees of retail or commercial establishments furnish evidence necessary for the enforcement of such order. (1978 L.M.C., ch. 7, § 2; 1981 L.M.C., ch. 40, § 4; 1984 L.M.C., ch. 24, § 36.)