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(a) Definitions. As used in this Section:
Board means the County Board of Education.
Chief means the County Police Chief.
Violation means a violation of Transportation Article § 21-706.
School bus means a bus operated by the Board to transport students.
School bus safety camera means a camera placed on a school bus that is designed to capture a recorded image of a driver of a motor vehicle committing a violation authorized by Transportation Article § 21-706.1.
(b) The Chief, after consulting with the Board, may install, operate, and maintain school bus safety cameras on school busses as permitted by Transportation Article § 21-706.1.
(c) A person who commits a violation recorded by a school bus safety camera is subject to a civil penalty authorized by Transportation Article § 21-706.1.
(d) The Executive, by Method 2 regulation, must establish the amount of the civil penalty up to a maximum of $250.
(e) The County must use any fines collected by the County for a violation recorded by a school bus safety camera:
(1) to recover the costs of installing, operating, and maintaining school bus safety cameras; and
(2) for public safety purposes, including pedestrian safety programs. (2012 L.M.C., ch. 1, § 1.)
[Sec. 31-9C.]*
*Editor’s note—2023 L.M.C., ch. 30, § 3, states: Transition; effective date. The County Executive must provide an automated enforcement action plan as required under Section 31-9D, added under Section 2 of this Act, within 180 days after the enactment of this Act. Sections 31-9A and 31-9C, as added by Section 2 of this Act, take effect on July 1, 2025.
(a) The County Executive, or the Executive’s designee, must transmit to the Council an automated enforcement action plan that includes:
(1) an explanation of the plan, the goals, and the strategies to increase automated enforcement programs approved for use in the County by the Council;
(2) a recommended number of automated enforcement cameras, by camera type, that should be deployed in the County to achieve appropriate levels of enforcement and related traffic safety results;
(3) a timeline for deploying the recommended number of cameras, including the number of additional cameras to be deployed, by camera type and by fiscal year;
(4) the amount of funding necessary, in addition to what has been authorized as of the date of the plan’s publication, by fiscal year, to attain the target number of cameras; and
(5) any other necessary recommendations for consideration.
(b) Annual plan. The plan must be updated and resubmitted to the Council annually. (2023 L.M.C., ch. 30, § 2.)
Editor’s note—2023 L.M.C., ch. 30, § 3, states: Transition; effective date. The County Executive must provide an automated enforcement action plan as required under Section 31-9D, added under Section 2 of this Act, within 180 days after the enactment of this Act. Sections 31-9A and 31-9C, as added by Section 2 of this Act, take effect on July 1, 2025.
(a) Definitions. In this Section, the following terms have the meanings indicated.
(1) Chief means the Chief of the Department or the Chief’s designee.
(2) Department means the Montgomery County Police Department.
(3) Program or pilot program means the Vehicle Noise Abatement Monitoring Pilot Program established under this Section.
(4) Program liaison means the local designee required under Chapter 624 of the 2024 Laws of Maryland.
(5) The following terms have the same meanings as indicated under Chapter 624 of the 2024 Laws of Maryland:
(A) noise abatement monitoring system;
(B) noise abatement monitoring system operator;
(C) owner; and
(D) violation.
(b) Program established. There is a Vehicle Noise Abatement Monitoring Pilot Program implemented by the Department pursuant to Chapter 624 of the 2024 Laws of Maryland.
(c) Program requirements and location of monitoring systems.
(1) The Department must deploy and utilize 3 noise abatement monitoring systems within the County to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended.
(2) The County must not deploy or utilize a noise abatement monitoring system within the County for any purpose other than to enforce motor vehicle noise requirements under Section 22-602 of the Transportation Article of the Maryland Code, as amended.
(3) Before activating a noise abatement monitoring system, the Department must:
(A) publish notice of the location of the noise abatement monitoring system on the County website; and
(B) ensure that each noise abatement monitoring system is proximate to a sign that:
(i) indicates that noise abatement monitoring systems are in use in the area; and
(ii) is in accordance with the manual and the specifications for a uniform system of traffic control devices adopted by the State Highway Administration under Section 25-104 of the Transportation Article of the Maryland Code, as amended.
(4) If the Department moves or places a noise abatement monitoring system to or at a location where a noise abatement monitoring system had not previously been moved or placed, the Department must not issue a citation for a violation recorded by that noise abatement monitoring system:
(A) until signage is installed in accordance with paragraph (2) of this subsection; and
(B) for at least the first 15 calendar days after the signage is installed.
(d) Program liaison.
(1) The Chief must designate a program liaison.
(2) The program liaison must not:
(A) be employed by a noise abatement monitoring system contractor; or
(B) have been involved in the initial review or issuance of the warning notice or citation.
(3) The program liaison must:
(A) investigate and respond to questions or concerns about the pilot program;
(B) review a warning notice or citation generated by a noise abatement monitoring system if the person who received the warning notice or citation requests review before the deadline for contesting liability under Chapter 624 of the 2024 Laws of Maryland;
(C) subject to paragraph (4), if the program liaison determines that the warning notice or citation is an erroneous violation, void the warning notice or citation;
(D) on receipt of a written question or concern from a person, provide a written answer or response to the person within a reasonable time; and
(E) if the program liaison voids or waives a citation, notify the Maryland Vehicle Administration for the purpose of rescinding any administrative penalties imposed by the Maryland Vehicle Administration.
(4) The program liaison must not determine that a warning notice or citation is an erroneous violation based solely upon the dismissal of the warning notice or citation by a court.
(5) If the program liaison determines that a person did not receive notice of a warning notice or citation due to an administrative error, the program liaison may resend the warning notice or citation in accordance with Chapter 624 of the 2024 Laws of Maryland.
(6) The program liaison may waive a warning notice or citation if the person alleged to be liable under this Section provides sufficient evidence that the person has made any alterations to the motor vehicle necessary to avoid future violations.
(e) Operations and enforcement.
(1) Operation of a monitoring system. In accordance with Chapter 624 of the 2024 Laws of Maryland, a noise abatement monitoring system:
(A) must be operated by a trained and qualified operator; and
(B) must undergo an annual calibration check by an independent calibration laboratory.
(2) Warning notices and citations – contents and mailing. A warning notice or citation issued under this Section must be mailed to an owner and must include the information required under Chapter 624 of the 2024 Laws of Maryland.
(3) Number and timing of citations – limitations. The Department must not:
(A) issue more than one citation to a person per day for a violation enforced by a noise abatement monitoring system; or
(B) issue a citation applicable to a motor vehicle during the first 30 days after a warning for a first offense applicable to the motor vehicle is mailed to the owner.
(4) District Court procedures. The Department must administer and process civil citations issued under this Section:
(A) using a uniform citation form prescribed by the District Court; and
(B) in accordance with procedures adopted by the Chief Judge of the District Court.
(5) County contractors. If a contractor operates a noise abatement monitoring system or administers or processes warning notices of citations generated by a noise abatement monitoring system on behalf of the County, the contractor’s fee must not be contingent upon a per-ticket basis on the number of warning notices or citations issued or paid.
(f) Civil penalties. A person liable for a violation enforced by a noise abatement monitoring system is subject to:
(1) for a first offense, a warning notice; and
(2) for a second or subsequent offense, a civil penalty not exceeding $75.
(g) Use of funds. The fines collected by the County as a result of violations enforced by noise abatement monitoring systems must be used solely:
(1) to recover the costs of implementing and administering the noise abatement monitoring systems; and
(2) for public safety purposes, including pedestrian safety programs. (2024 L.M.C., ch. 16, § 1.)
Editor’s note—2024 L.M.C., ch. 16
, §§ 2 and 3, state: Sec. 2. Sunset. This Act must sunset, and must have no further force or effect, at the end of June 30, 2026.
Sec. 3. Public Information Act. The County Council intends that recorded images maintained by the Montgomery County Police Department (MCPD) under Section 31-9E, added under Section 1 of this Act, are exempt from disclosure under the Maryland Public Information Act (PIA), Md. Code Ann., § 4-101 et seq. The MCPD may adopt regulations to ensure the confidentiality of the recorded images under the PIA, including a regulation to define the recorded images as sociological data under PIA § 4-330.
Whenever, in the judgment of the county executive, it is necessary for the safety or control of vehicular traffic and parking or for pedestrian safety, he is authorized to provide by executive order for the erection of no stopping, no standing, no parking, and other parking control signs and devices on public streets, highways or other areas in the county; provided, that no such sign or device shall be erected on state highways without the approval of the state highway administration; and provided, that no such sign or device shall be erected at the cost of the county government in any incorporated town or special taxing area unless the council has by resolution consented to the payment of such costs; and provided, that if the private owner of any land used by the general public shall cause to have erected no-stopping, no-standing, no-parking or other parking control signs or devices upon streets, highways, and other areas within said private property, said signs shall conform to the most recent edition of the "Manual on Uniform Traffic Control Devices for Streets and Highways" with regard to design, color, size and placement. (1978 L.M.C., ch. 7, § 2; 1981 L.M.C., ch. 40, § 3; 1984 L.M.C., ch. 24, § 36; 1984 L.M.C., ch. 27, § 22.)
(a) The county executive or his designee and the county police or other authorized persons so designated by the county executive, are hereby authorized and empowered at any time to designate any streets and areas within the county as emergency or temporary no parking zones or temporarily to prohibit vehicular and pedestrian traffic on such streets and areas, in the event of emergencies such as fires, riots, accidents or other events likely to attract large crowds, for the purposes of street maintenance or for any other public purpose.
(b) When and in the event such streets and areas as hereinabove mentioned are so designated, parking of vehicles and vehicular and pedestrian traffic in such streets and areas is prohibited. (1978 L.M.C., ch. 7, § 2.)
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