Sec. 49-9. Removal of items that obstruct the vision of motorists on public highways or interfere with the use of public rights-of-way.

   (a)   Notice to owner of property. If the Director of Transportation finds that any tree, bush, vine, undergrowth, or other obstruction, except a building or similar structure affixed to the ground, on private property poses a threat to public safety by obstructing the vision of operators of vehicles traveling on any public road interfering with the public rights-of- way as a traffic hazard, limiting access by Fire and Rescue Service vehicles, or restricting the use by pedestrians or bicyclists of the public rights-of-way, the Director promptly must serve on the owner, agent, lessee or any other person supervising the property a written notice that:

      (1)   describes where the obstruction exists;

      (2)   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;

      (3)   describes the steps necessary to correct such conditions; and

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

   (b)    Reserved.

   (c)    Effect of failure to remove obstructions. When any person does not comply with any order issued under this Section within the time specified in the order, the Director of Transportation must remove all or part of the obstruction as necessary to eliminate the hazard or impediment. An agent of the Department may enter the property to take this action.

   (d)    Service of orders and notices. All orders and notices issued under this Section must be served on the person to whom they are directed either by registered or certified mail or by personal delivery. If that person is not known to reside and cannot be found in the County, service may be made by publishing the order or notice once in a newspaper of general circulation in the County and by posting it on the premises in a conspicuous manner. Service by publication and posting is completed on the day of publication or posting.

   (e)    Cost of removal when done by the Department. Whenever the Department eliminates an obstruction under this Section, the Director must file with the Department of Finance a certified statement of the cost to the County of eliminating the obstruction, together with proof of service of the notice required by subsection (a). The cost certified to the Department of Finance and any cost of publishing the notice under subsection (a) constitutes a charge and lien against the property that the County must collect in the same manner as the County collects real estate taxes. (Mont. Co. Code 1965, § 24-22; 1927, ch. 618; 1931, ch. 228; 1971 L.M.C., ch. 3, § 12; 1973 L.M.C., ch. 25, § 8; 1976 L.M.C., ch. 8, § 1; 1983 L.M.C., ch. 22, § 54; 1996 L.M.C., ch. 4, § 1; 2007 L.M.C., ch. 8 , § 1; 2008 L.M.C., ch. 5 , § 1; 2011 L.M.C., ch. 17 , § 1; 2022 L.M.C., ch. 31 , §1.)

   Editor’s note—2011 L.M.C., ch. 17, §§ 2 and 3, state:

   Sec. 2. Transition. This Act does not apply to any appeal to the Board of Appeals that was filed before this Act took effect.

   Sec. 3. Regulations. Regulations 6-06AM and 7-06AM remain in effect, notwithstanding any amendment to the County Code in Section 1 of this Act, except for any provision of the National Fire Code that authorizes or refers to an appeal to the Board of Appeals.

   2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

   Section 49-9, formerly Section 49-16, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-9 was renumbered Section 49-5 pursuant to 2007, ch. 8, § 1.

Sec. 49-10. Obstruction of public rights-of-way.

   Except as provided in Section 49-11, in the public right-of-way, a person must not:

   (a)   place, maintain, use, permit, allow, or exercise control over, any object or structure;

   (b)   perform any reconstruction or maintenance work; or

   (c)   allow the erection or placement of any structure, fence, post, rock, or other object, except:

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

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

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

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

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

      (6)   as otherwise permitted by law.

   Any object placed in the public right-of-way under Section 49-10(c) must not impede use of a sidewalk or other right-of-way by pedestrians or persons in wheelchairs, or impede or endanger automobiles or other vehicles. (Mont. Co. Code 1965, § 24-24; CY 1991 L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2000 L.M.C., ch. 23, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2016 L.M.C., ch. 29, §1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-10, formerly Section 49-17, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-10 was renumbered Section 49-6 pursuant to 2007, ch. 8, § 1.

   See County Attorney Opinion dated 2/27/92 explaining that the Council cannot exercise its authority under the Regional District Act to amend the portion of the County Code governing road rights of way, because those provisions are not contained in the zoning ordinance.

Sec. 49-11. Permit to obstruct public rights-of-way.

   (a)   Definitions. In this Section, the following terms have the meanings indicated.

      Public includes pedestrians, bicyclists, and transit users.

      Safe alternative path means an alternate sidewalk or sidepath that:

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

         (B)   provides safe access and passage to pedestrians.

      Temporary closure means a temporary obstruction, blockage, or occupation of a right-of-way under a permit issued by the Director of Permitting Services under this Section.

   (b)   Subject to subsections (c) and (d) of this Section, the Director of Permitting Services may issue a permit to:

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

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

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

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

      (5)   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

      (6)   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.

   (c)   Permits for temporary obstructions. If a permit under subsection (b)(1) involves a temporary closure located in a Central Business District planning policy area, a Bicycle-Pedestrian Priority Area, an area within ½ mile of a Purple Line Station, or an area within ½ mile of a Bus Rapid Transit Station Area, the Director may issue the permit only if:

      (1)   the permit has conditions necessary to:

         (A)   minimize inconvenience to the public;

         (B)   limit the duration of the temporary closure to the minimum time period necessary; and

         (C)   assure public safety in the work area;

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

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

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

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

   (d)   Time limits for temporary closures without safe alternative paths. Except as provided in subsections (e) and (f):

      (1)   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

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

   (e)   Extensions – in general. The Director may extend a time period under subsection (d), for a time period designated by the Director, if the Director finds that:

      (1)   (A)   based on a certification submitted by a professional engineer, construction of a safe alternative path is not possible; or

         (B)   the street is closed; and

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

         (A)   limit the temporary closure to the minimum time necessary;

         (B)   be subject to regular review by the Director to determine whether the temporary closure without a safe alternative path remains necessary; and

         (C)   if the Director determines that the temporary closure without a safe alternative path is no longer necessary, require the permittee immediately to:

            (i)   provide a safe alternative path; or

            (ii)   terminate the temporary closure.

   (f)   Short extensions for hardship.

      (1)   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.

      (2)   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.

   (g)   Temporary traffic control plan. A temporary traffic control plan under subsection (c) must meet standards established by the Executive under Method (2) regulations, including that:

      (1)   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

      (2)   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.

   (h)   Public access to permit information. The Director of Permitting Services must publish on the Department’s website a copy of each application received and permit granted under this section. (Mont. Co. Code 1965, § 24-25; 1973 L.M.C., ch. 25, § 8; CY 1991 L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8, § 1; 2008 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 15, § 1; 2016 L.M.C., ch. 34, § 1; 2020 L.M.C., ch. 8, §1; 2021 L.M.C., ch. 17, §1; 2022 L.M.C., ch. 31 , §1.)

   Editor’s note—2020 L.M.C., ch. 8, § 2, states: Transition. The requirements of this Act must not apply to a permit application submitted to the County prior to the effective date of the Act. The requirements of this Act must apply to a permit application submitted to the County on or after the effective date of the Act.

   2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.

   See County Attorney Opinion dated 2/27/92 explaining that the Council cannot exercise its authority under the Regional District Act to amend the portion of the County Code governing road rights of way, because those provisions are not contained in the zoning ordinance.

   Section 49-11, formerly Section 49-18, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-11 was renumbered Section 49-20 pursuant to 2007, ch. 8, § 1.

Sec. 49-11A. Permit to temporarily obstruct private roads.

   (a)   A person must not close any portion of a private road that is an urban road as defined in Section 49-32 without a permit from the Director of Permitting Services.

   (b)   The Director of Permitting Services may issue a permit for the complete or partial closure of a private road on a temporary basis if the closure does not:

      (1)   violate Chapter 22;

      (2)   interfere with use of the private road by persons with disabilities;

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

      (4)   adversely impact the use of connecting public roads.

   (c)   An application to close a private road may only be made by the owner of the private road. The owner must apply for a permit on a form prescribed by the Director of Permitting Services, submit detailed information, including the locations to be closed, duration of closure, location of required temporary closure signs, purpose of closure, and use and occupancy of all buildings or structures adjacent to or abutting the private road, and any additional information as the Director may require.

   (d)   The Director of Permitting Services may charge a fee, set by Method (3) regulation, for the permit application and may include conditions in each permit that provide for the safety of any user of a building or structure adjacent to or abutting the private road, including providing for safe alternate access to and egress from any building or structure.

   (e)   Before the Director of Permitting Services issues a permit to close a private road in whole or in part under this Section, the Director of Transportation must review or waive review of each application to ensure that closure will not adversely impact the use of connecting public roads. The Director of Transportation may recommend permit conditions to the Director of Permitting Services. The owner of a private road must submit a temporary traffic control plan that requires signage during closure to inform pedestrians about the duration of the closure, the permit number, and the owner’s contact telephone number to call that address conditions of closure as may be required by the Director of Permitting Services. (2016 L.M.C., ch. 34, § 1; 2017 L.M.C., ch. 12, §1; 2022 L.M.C., ch. 31, §1.)

Sec. 49-12. Exemptions from Sections 49-10 and 49-11.

   (a)   Subject to paragraphs (1) and (2), Sections 49-10 and 49-11 do not apply to, and no permit under those Sections is required of, any municipality, special taxing district or government agency to construct streets, roads, sewers, or drainage facilities in the County over which the entity has jurisdiction. However:

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

      (2)   if the County owns or maintains a right-of-way, Section 49-11 applies to any temporary closure of the right-of-way. (Mont. Co. Code 1965, § 24-26; 2007 L.M.C., ch. 8, § 1; 2020 L.M.C., ch. 8, §1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—2020 L.M.C., ch. 8, § 2, states: Transition. The requirements of this Act must not apply to a permit application submitted to the County prior to the effective date of the Act. The requirements of this Act must apply to a permit application submitted to the County on or after the effective date of the Act.

   Section 49-12, formerly Section 49-19, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-12 was renumbered Section 49-21 pursuant to 2007, ch. 8, § 1.

Sec. 49-13. Penalty for violation of Sections 49-10 and 49-11.

   Any violation of Sections 49-10 and 49-11 or any permit granted under those Sections is a Class A violation. (Mont. Co. Code 1965, § 24-27; 1983 L.M.C., ch. 22, § 54; 2007 L.M.C., ch. 8, § 1.)

   Editor’s note—Section 49-13, formerly Section 49-20, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-13 was renumbered Section 49-22 pursuant to 2007, ch. 8, § 1.

Sec. 49-14. Debris likely to injure persons, animals, or vehicles.

   A person must not place or leave in or on any public road, any debris liable to cause injury or damage to any vehicle or personal property. Any violation of this Section is a Class C violation. (Mont. Co. Code 1965, § 24-28; 1888, art. 16, § 176; 1912, ch. 790, § 447; 1916, ch. 42; 1983 L.M.C., ch. 22, § 54; 2007 L.M.C., ch. 8, § 1; 2022 L.M.C., ch. 31, §1.)

   Editor’s note—Section 49-14, formerly Section 49-21, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-14 was renumbered Section 49-23 pursuant to 2007, ch. 8, § 1.

Sec. 49-15. Accumulations of soil or foreign material on roads.

   (a)   A person must not, personally or by an agent or employee:

      (1)   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

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

   (b)   A person who owns or occupies land contiguous to any public right-of-way, including any public road, street, alley, sidewalk, bikeway, or parking area, or contiguous to any drain or ditch designed to carry surface water from a public right-of-way, knowing that earth, soil, mud, or any other foreign material has been spilled, dropped, washed, or tracked from that land onto a right-of-way or into a drain or ditch, must remove immediately from the right-of-way or drain or ditch the material so deposited.

   (c)   Any violation of this Section is a Class C violation. (Mont. Co. Code 1965, § 103-1; 1983 L.M.C., ch. 22, § 54; 2007 L.M.C., ch. 8, § 1.)

   Editor’s note—Section 49-15, formerly Section 49-24, was renumbered, amended, and retitled pursuant to 2007, ch. 8, § 1. Former Section 49-15 was renumbered Section 49-24 pursuant to 2007, ch. 8, § 1.

Sec. 49-16. Covered loads.

   (a)   A person must not carry any loose or bulky material in a motor vehicle on any road, as defined in Section 49-26, unless that part of the motor vehicle in which the load is carried is:

      (1)   Fully enclosed on the bottom and all sides; and

      (2)   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.

   (b)    A cover and (for bulky material) sides are not required if the material is contained or secured by other means that prevent its escape.

   (c)    As used in this section:

      (1)   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;

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

   (d)    This Section does not apply to:

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

         (A)   Drop sand, salt, or other materials to improve traction;

         (B)   Spread water or another substance to clean a road; or

         (C)   Collect newspapers for recycling.

      (2)   A vehicle transporting agricultural products as harvested.

      (3)   A construction or mining vehicle only when it is:

         (A)   Crossing a highway; or

         (B)   Moving between construction barricades on a public works project.

      (4)   A fire and rescue vehicle. (1988 L.M.C., ch. 20, § 1; 2007 L.M.C., ch. 8, § 1.)

   Editor’s note—Section 49-16, formerly Section 49-21A, was renumbered and amended pursuant to 2007, ch. 8, § 1. Former Section 49-16 was renumbered Section 49-9 pursuant to 2007, ch. 8, § 1.