Chapter 160

VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Mayor and Council of the Town of Chestertown 2-19-1980 as Ord. No. 1-80. Amendments noted where applicable.]

GENERAL REFERENCES

Littering -- See Ch. 108.

Parades -- See Ch. 123.

Streets and sidewalks -- See Ch. 145.

Abandoned vehicles -- See Ch. 159.

ARTICLE I

General Regulations

~ 160-1. Purpose.

This chapter provides rules and regulations for motor vehicle traffic, parking control and restrictions, impounding of vehicles, speed limits and other regulations within the corporate limits of the Town of Chestertown.

~ 160-2. Statement of intent; statutory authority.

It is the intent of the Mayor and Council of the Town of Chestertown that the various provisions of the Transportation Article of the Annotated Code of Maryland, as amended from time to time, shall be and hereby are declared to be part of the Code of the town and that said provisions of the Annotated Code of Maryland shall be controlling within the town as required by law, It is further declared to be the intent of the Mayor and Council of the town that the various provisions and regulations set forth in the following sections of this chapter of the Code of the Town of Chestertown shall be supplementary to the provisions of the Transportation Article of the Annotated Code of Maryland and that said provisions of said Code of Ordinances of Chestertown are enacted pursuant to authority specifically granted in the Transportation Article of the Annotated Code of Maryland.

~ 160-3. Traffic control and parking restriction signs.

A. Erection of traffic and parking control signs authorized. Whenever in the judgment of the Mayor and Council of Chestertown it is necessary for the safety or control of vehicular or pedestrian traffic or for the regulation of the use of parking areas, both on public streets and private property used by the public in general, the Mayor and Council of Chestertown may erect or cause to be erected stop, no-parking, speed limit, one-way and other traffic control and parking restriction signs or traffic signals designed to control, regulate, warn or guide traffic or limit parking on public streets, highways or private property used by the public in general in the Town of Chestertown, and it shall be the duty of all persons to observe such signs. Any person failing to observe any such sign shall be subject to the penalty provided in ~ 160-14 of this chapter.

B. Maintenance of sign location lists. It shall be the duty of the Town of Chestertown to maintain at the town offices an active, current and up-to-date list of all places where such signs are posted, and such list shall identify all one-way streets, all streets or parts of streets on which parking is prohibited and all intersections or street locations at which stop signs are posted. Such list shall be open for public inspection at the town offices.

C. Authority of preexisting signs. Nothing herein contained shall be deemed to constitute a repeal of the authority hereinbefore granted by the Mayor and Council of Chestertown for the erection of traffic control and parking restriction signs, and the failure to observe any such signs hereinbefore erected shall be subject to the same penalties as set forth hereinafter.

~ 160-4. Stopping, standing or parking restrictions; penalty.

A. Stopping, standing or parking prohibited in specified places.

(1) No person shall stop, stand or park a vehicle, except when necessary to avoid a conflict with other traffic or in compliance with the direction of a police officer or traffic control device, in any of the following places:

(a) In any of those places specified as prohibited by the Transportation Article, ~ 21-1003, of the Annotated Code of Maryland.

(b) At any place where an official sign or painted curb of the Town of Chestertown, the State of Maryland or the County Commissioners of Kent County prohibits stopping, parking or standing, and it is hereby specifically provided that wherever a curb is painted red or yellow that there shall be no parking, standing or stopping parallel or adjacent to said painted curb.

(2) No person shall stop, stand or park a vehicle designed or used for carrying freight or merchandise in front of, along side of or in the rear of any private dwelling except when actually unloading merchandise or when the operator or owner of such vehicle is actually engaged in rendering a service at or to such premises.

(3) No person shall stop, stand or park a vehicle on private property which is used for vehicular or pedestrian traffic by the public in general where an official sign and/or painted curb of the Town of Chestertown, the State of Maryland or the County Commissioners of Kent County prohibits stopping, parking or standing, and it is hereby specifically provided that wherever a curb is painted red or yellow there shall be no parking, standing or stopping parallel or adjacent to said painted curb.

B. Violations and penalties.

(1) Applicability of general penalty. Any person violating any of the provisions of this section, other than Subsection A(1)(b) of this section, shall be subject to the penalty provided in ~ 160-14 of this chapter.

(2) Issuance of citation. A duly authorized police officer or a duly authorized traffic control officer of the Town of Chestertown who discovers a vehicle in violation of Subsection A(1)(b) of this section shall deliver a citation to the driver of the offending vehicle notifying him that such vehicle has been in violation of said section or, if the vehicle is unattended, attach the citation to the vehicle in a conspicuous place. In the absence of the driver, the registered owner of the vehicle shall be presumed to be the person receiving the citation. The offender, upon the issuance of a citation, may:

(a) Pay a fine of ten dollars ($10.) by either mailing that amount in the envelope attached to the citation within fifteen (15) days from the date of the issuance of the citation or by paying said fine in person at the Chestertown Mayor and Council's office within fifteen (15) days from the date of the issuance of the citation. [Amended 7-16-1990 by Ord. No. 4-90]

(b) Elect to stand trial before the Maryland District Court by indicating the request to do so in the appropriate space on the citation and by mailing his copy to the Chestertown Mayor and Council's office, said notice to be sent no later than five (5) days prior to the payment date, and the "payment date" shall mean fifteen (15) days from the date of the issuance of the citation.

(c) If the offender elects to pay a fine after the payment date, the fine shall then be twenty dollars ($20.), and the same should be paid either directly to the Chestertown Mayor and Council's office or by mailing as indicated above. [Amended 7-16-1990 by Ord. No. 4-90]

(3) Should the offender neither elect to stand trial within the appropriate time nor pay the appropriate fine within thirty (30) days from the date of the issuance of the citation, he shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined in an amount not exceeding five hundred dollars ($500.) and costs of prosecution. [Amended 5-7-1990 by Ord. No. 2-90]

~ 160-5. Parking; street designations; penalty.

A. Parking restrictions; enforcement. All vehicles within the Town of Chestertown shall be driven and parked on the right-hand side of the street, unless a street or avenue is designated by a sign to be for one-way traffic. At any time that it shall become necessary, the Mayor and Council may mark and designate areas which may become congested for parking restrictions, banning parking altogether if necessary. No automobile or other vehicle shall stop in any street, avenue or highway in such a manner as to hinder or delay traffic or passage. and the Police Department is empowered to enforce this provision by impounding said vehicle.

B. Boulevards designated. The Mayor and Council shall designate, from time to time, such streets as shall contribute to the safe movement of traffic within the town as "boulevards" and may post intersecting streets with appropriate stop signs so placed as to be readily visible to the motoring public. All traffic entering boulevards so designed shall come to a complete stop before so doing.

C. Violations and penalties. Any person violating any provisions of this section shall be subject to the penalties provided in ~ 160-14 of this chapter.

~ 160-6. (Reserved)

~ 160-7. Speed limits; penalty.

Compliance with established speed limits required. No individual shall operate a motor vehicle over any public highway or street within the Town of Chestertown and under the jurisdiction of the town at a rate of speed greater than that which is posted or, if unposted, greater than the speed limit established by the laws or regulations of the State of Maryland or greater than that which would be considered reasonable and proper under the Transportation Article of the Annotated Code of Maryland.

~ 160-8. Use of sidewalks restricted; penalty.

A. Prohibited uses; exception. The sidewalks and pavements in Chestertown shall not be used by any person pushing wheelbarrows along the same or any of them or by any person riding a bicycle or by any person with a pushcart or by any person or persons using any vehicle or conveyance whatsoever for the purpose of transporting wares or merchandise, except such as are known as "baby carriages" and "small express wagons" used by children.

B. Violations and penalties. Any person violating this section shall be subject to the penalty provided in ~ 160-14 of this chapter.

~ 160-9. Certain activities prohibited in public streets; penalty.

A. Sports and game activities. It shall be unlawful for any person or persons to engage in any sports, ballplaying or games of any other kind in the streets or public square of the Town of Chestertown.

B. Violations and penalties. A violation of the terms of this section shall be considered a municipal infraction subject to a penalty as provided in ~ C11-4B of the Charter.

~ 160-10. Driving on sidewalks prohibited; penalty.

A. Restrictions established. No person or persons shall, for the purpose of loading or unloading or otherwise, be permitted to enter upon or cross over the sidewalks and pavements in Chestertown with an automobile, wagon, truck or other vehicle except when crossing sidewalks or pavements where there are well-defined driveways.

B. Violations and penalties. For any violation of this section, the offenders, upon conviction, shall be subject to the penalty provided in ~ 160-14 of this chapter.

~ 160-11. Operation of certain vehicles on public streets prohibited; penalty.

A. Vehicles equipped with cleats, spikes or other traction devices. It shall be unlawful for any person to drive upon the streets of Chestertown a tractor or any other motor vehicle equipped with cleats, spikes or some other traction device which will inflict undue damage or injury upon the surface of the streets.

B. Violations and penalties. A violation of the terms of this section shall be considered a municipal infraction subject to the penalties as provided in ~ C11-4 of the Charter.

~ 160-12. Commercial parking in residential areas restricted; penalty.

A. General restrictions; exception. For the purposes of this chapter, the term "commercial vehicles" shall include all trucks and vehicles in excess of four thousand (4,000) pounds of empty weight, which are designed or used for the carrying of freight, merchandise, produce, livestock, building materials, earth or any other materials. The term "residential area" shall mean any of the residential districts as defined by the Chestertown Zoning Ordinance. No person shall stop, stand or park any commercial vehicle on or along any street or public way in a residential area. Nothing in this section shall be construed to prohibit temporary stopping, standing or parking of commercial vehicles engaged in making local deliveries, unloading merchandise or rendering services to a residence, institution or other facility along any street or public way so designated by the Chestertown Zoning Ordinance.

B. Violations and penalties. Any person found guilty of violating any provision of this section shall be subject to the penalty provided in ~ 160-14 of this chapter.

~ 160-13. Limited time parking; penalty.

A. Erection of signs authorized. Whenever in the judgment of the Mayor and Council of Chestertown it becomes necessary for the control of vehicular traffic on public streets and private property used by the public in general, the Mayor and Council may erect signs limiting the time that vehicles may park in certain areas.

B. Issuance of citation.

(1) A duly authorized police officer or a duly authorized traffic control officer of the Town of Chestertown who discovers a vehicle in violation of this section shall deliver a citation to the driver of the offending vehicle notifying him that such vehicle has been in violation of said section or, if the vehicle is unattended, attach the citation to the vehicle in a conspicuous place. In the absence of the driver, the registered owner of the vehicle shall be presumed to be the person receiving the citation. The offender, upon the issuance of a citation, may:

(b) Elect to stand trial before the Maryland District Court by indicating the request to do so in the appropriate space on the citation and by mailing a copy to the Chestertown Mayor and Council's office, said notice to be sent no later than five (5) days prior to the payment date, and the "payment date" shall mean fifteen (15) days from the date of the issuance of the citation; or

(2) Should the offender neither elect to stand trial within the appropriate time nor pay the appropriate fine within thirty (30) days from the date of the issuance of the citation, he shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined in an amount not exceeding five hundred dollars ($500.) and costs of prosecution. [Amended 5-7-1990 by Ord. No. 2-90]

~ 160-13.1. Establishment of residential-only parking districts; penalty. [Added 8-1-1994 by Ord. No. 2-94]

A. Restrictions established. It shall be unlawful for owners of commercial property, employers and employees of the downtown commercial district to park their vehicles between the hours of 6:00 a.m. to 6:00 p.m. daily in the following residential-only parking districts:

(1) 100 block of High Street on both sides.

(2) 100 block of North Queen Street on the west side.

(3) 100 block of South Queen Street on the west side.

B. It shall be illegal for any person or persons other than residents to park between the hours of 6:00 a.m. to 6:00 p.m. daily in the following residential-only parking districts:

(1) 200 block of West Campus Avenue, south side of the street.

C. Violations and penalties. Any person found guilty of violating any provision of this section shall be subject to a fine of ten dollars ($10.) for the first violation and a fine of twenty-five dollars ($25.) for each repeat offense within a one-year period.

~ 160-14. General penalty provisions. [Amended 5-7-1990 by Ord. No. 2-90]

Unless otherwise specifically provided in this chapter, any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, may be fined in an amount not to exceed five hundred dollars ($500.) and costs of prosecution.

ARTICLE II

Parking Meters

~ 160-15. Purchasing, leasing and installation authorized.

The proper officers of Chestertown are hereby authorized to enter into a contract for the purchase or lease and installation of parking meters.

~ 160-16. Parking meter zones established.

A. After the installation of said parking meters, it shall be unlawful for the owner or operator of any motor or other vehicle to park such vehicle between the hours shown on the face of the meters for more than two (2) hours at any one (1) time upon positions of the streets herein described and designated as parking meter zones:

(1) The east and west sides of High Street, from Queen Street to Mill Street.

(2) The north and south sides of Queen Street, from High Street to Cannon Street.

(3) The north and south sides of Cross Street.

(4) The east and west sides of Cannon Street, from Queen Street to Mill Street.

(5) The east and west sides of Calvert Street to Mill Street.

(6) The north and south sides of Court Street.

(7) The east and west sides of Park Row.

B. On streets so designated, the proper officers may create parking spaces on the curb or pavements or by other appropriate means and in each space so marked may erect or cause to be erected a parking meter which, upon the deposit of the coin or combination of coins of the United States indicated on the parking meter, will entitle the party to park his car for a limited time as is indicated on the parking meter and will indicate the time when such period has elapsed.

~ 160-17. Operation of meters.

In order that the police officers may properly compute the time during which a vehicle is parked, the owner or operator of said vehicle shall, upon entering such parking space during the time of limited parking, immediately deposit a coin or combination of coins of the United States in the parking meter situated at the side of said parking space and operate the same according to instructions thereon. Failure to do so shall constitute a violation of this Article. Upon the deposit of the appropriate coin or coins as indicated on the meter and placing the meter in operation, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed for the particular amount deposited. The parking meter shall have inscribed on the face what coin or combination of coins is required and the amount of parking time permitted for each respective coin.

~ 160-18. Prohibited acts.

A. It shall be unlawful to park any vehicle across any line or marking designating a parking space or to park said vehicle in any way that the same shall not wholly be within a parking space as designated by said lines or markings.

B. It shall be unlawful to deposit or cause to be deposited in any parking meter a slug, device or metallic substitute for a coin of the United States.

C. It shall be unlawful for any person to deface, tamper with, damage, open or willfully break, destroy or impair the usefulness of any parking meter installed under the terms of this Article.

~ 160-19. Issuance of citation.

A. A duly authorized police officer or a duly authorized traffic control officer of the Town of Chestertown who discovers a vehicle in violation of ~ 160-17 of this chapter shall deliver a citation to the driver of the offending vehicle notifying him that such vehicle has been in violation of said section or, if the vehicle is unattended, attach the citation to the vehicle in a conspicuous place. In the absence of the driver, the registered owner of the vehicle shall be presumed to be the person receiving the citation. The offender, upon the issuance of a citation, may:

(1) [Amended 6-23-1986 by Ord. No. 3-86] Pay a fine of three dollars ($3.) by either mailing that amount in the envelope attached to the citation within fifteen (15) days from the date of the issuance of the citation or by paying said fine in person at the Chestertown Mayor and Council's office within fifteen (15) days from the date of the issuance of the citation;

(2) Elect to stand trial before the Maryland District Court by indicating the request to do so in the appropriate space on the citation and by mailing the copy to the Chestertown Mayor and Council's office, said notice to be sent no later than five (5) days prior to the payment date, and the "payment date" shall mean fifteen (15) days from the date of the issuance of the citation; or

(3) If the offender elects to pay a fine after the payment date, the fine shall then be six dollars ($6.), and the same should be paid either directly to the Chestertown Mayor and Council's office or by mailing as indicated above. [Amended 6-23-1986 by Ord. No. 3-86]

B. Should the offender neither elect to stand trial within the appropriate time nor pay the appropriate fine within thirty (30) days from the date of the issuance of the citation, he shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined in an amount not exceeding five hundred dollars ($500.) and costs of prosecution. [Amended 5-7-1990 by Ord. No. 2-90]

ARTICLE III

Snow Emergencies

~ 160-20. Declaration of snow emergency; operation of motor vehicles restricted on certain streets.

A. Whenever snow, sleet or freezing rain is falling or has fallen, thereby covering or partially covering any of the streets in Chestertown, Maryland, and causing slippery or hazardous conditions which may lead to serious traffic congestion, the Mayor or his designee will, at his discretion, declare that an emergency exists, and until said emergency is declared terminated by the Mayor or his designee, no vehicle shall be operated by any person, firm or corporation on any of the following streets without skid chains, winter-type mud and snow tires or operative mechanical and/or electrical sanders and abrasive sanding material:

(1) High Street, from College Avenue to Queen Street.

(2) Cross Street, from Maple Avenue to the railroad tracks.

B. All streets designated in this regulation shall be indicated by the erection of suitable signs or markers.

~ 160-21. Snow tires.

A. General regulations.

(1) For the purposes of these regulations, "winter-type mud and snow tires" are defined as any new, recapped, retreaded or rebuilt tires for rear wheels of motor vehicles, or if a vehicle is equipped with front-wheel drive, snow tires must be mounted on the front axle, said snow tires having antiskid patterns impressed or cut into the treaded surfaces to form bars, buttons or blocks which may contain perforations, ingredients or metallic elements especially designed to give effective traction on snow, mud or ice-covered streets. Worn or damaged tires which no longer provide the traction or perform the function of snow tires shall not constitute snow tires within the meaning of this section.

(2) All snow tires manufactured after January 1, 1976, will be permanently labeled on the sidewall with the words "mud and snow" or any contraction using the letters "M" and "S," e.g., MS, M/S, M-S, M&S, etc.

(3) A specially designed conventional radial tire built by five (5) tire manufacturing companies (Uniroyal, Goodyear, General, Goodrich and Firestone) and so designated as a snow tire has embossed in the sidewall of each tire a traction performance certification number. The sidewall of each tire designated as a snow tire contains the letters "TPC" followed by a four-digit number.

B. Criteria.

(1) Tires acceptable as snow tires shall be:

(a) Tires with an embossed sidewall designation as a "snow tire," a TPC number or the designation contained in the Rubber Manufacturers' Association labeling system.

(b) Tires for which a manufacturers' certificate of snow tire designation has been issued and the certificate is in evidence.

(2) A tire that does not meet one (1) of the above three (3) requirements is not a snow tire. Additionally, all tires, snow or otherwise, must be free of cuts, cracks or other damage that exposes body cords and must have at least two thirty-seconds (2/32) of an inch in depth of tread to be legal for highway operation.

~ 160-22. Violations and penalties.

Any person found guilty of violating ~~ 160-20 and 160-21 of this chapter shall be subject to the penalty provided in ~ 160-14 of this chapter.

~ 160-23. Declaration of Phase II snow emergency; parking prohibited on certain streets; penalty.

A. Should the Mayor or his designee determine that a greater snow emergency exists and that action must be taken in order to allow people of the community to go about their business, the Mayor or his designee will initiate a Phase II snow emergency and the parking of vehicles on the following streets will be forbidden:

(1) High Street, from College Avenue to Queen Street.

(2) Cross Street, from Maple Avenue to the railroad tracks.

B. Issuance of citation.

(b) Elect to stand trial before the Maryland District Court by indicating the request to do so in the appropriate space on the citation and by mailing the copy to the Chestertown Mayor and Council's office, said notice to be sent no later than five (5) days prior to the payment date, and the "payment date" shall mean fifteen (15) days from the date of the issuance of the citation, or

(2) Should the offender neither elect to stand trial within the appropriate time nor pay the appropriate fine within thirty (30) days from the date of issuance of the citation, he shall, upon conviction thereof, be guilty of a misdemeanor and shall be fined in an amount not exceeding one hundred dollars ($100.) and costs of prosecution or be imprisoned in the Kent County jail for a period not exceeding thirty (30) days, or be both so fined and imprisoned.

ARTICLE IV

Impoundment

[Added 11-20-1989 by Ord. No. 3-89]

~ 160-24. Impoundment without prior notice and opportunity for hearing.

In addition to remedies available under state law, the Chestertown Police Department or its agent may impound a vehicle without giving prior notice and an opportunity for a hearing to its owner under the following circumstances:

A. When the vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic.

B. When the vehicle imposes an immediate danger to the public safety or jeopardizes the public welfare.

C. When any vehicle is parked in violation, having five (5) or more unsatisfied parking citations.

~ 160-25. Notice to last known registered owner and secured parties; contents of notice.

A. Notice to be sent by police. As soon as reasonably possible and within seven (7) days at most after a vehicle is impounded, the Police Department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:

(1) The last known registered owner of the vehicle.

(2) Each secured party, as shown on the records of the Motor Vehicle Administration.

B. Contents of notice. The notice shall:

(1) State that the vehicle has been taken into custody.

(2) Describe the year, make, model and vehicle identification number of the vehicle.

(3) Give the location of the facility where the vehicle is held.

(4) Inform the owner and secured party of their right to reclaim the vehicle within three (3) weeks after the date of the notice, on payment of all outstanding fines, towing, preservation and storage charges resulting from taking or placing the vehicle in custody.

(5) State that the failure of the owner or secured party to exercise this right in the time provided is a waiver of him of all his right, title and interest in the vehicle; and the vehicle will be considered an "abandoned vehicle" under state law.

~ 160-26. Recovery of impounded vehicles.

Whenever a vehicle shall be impounded in accordance with ~ 160-24, the owner of the vehicle impounded or other fully authorized person may reclaim said vehicle on payment to the Town of Chestertown of all outstanding fines, towing, preservation, advertising, abandonment proceeding and storage charges resulting from taking or placing the vehicle in custody.

This HTML document was created 12/17/96 2:57 PM.

Editor's Note: Former ~ 160-6, Abandoned vehicles, was superseded by Ord. No. 2-89, adopted 12-18-1989. See Ch. 159, Vehicles, Abandoned.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: See Ch. 170, Zoning.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.