For the purpose of this article, the terms used herein are defined
as follows:
Any portion of a roadway or shoulder designed for single
directional bicycle flow.
Any member of any law enforcement agency of the state, county
or Town.
Minibikes, motorbikes, motor scooters, go-carts and other
mechanically propelled vehicles of a similar nature.
Skateboards, roller skates, soap box vehicles and other similar
devices. "Play vehicles" shall not include tricycles and/or other
three-or-more-wheeled toys commonly used by small children under the
supervision of an adult, parent or other responsible person, unless
otherwise specified herein.
Either the officially designated Police Department for the
Town or any other law enforcement agency acting within the corporate
limits of the Town of Smithsburg.
Any part of a highway, street, road, or alley that is improved,
designed or ordinarily used for motor vehicle travel other than the
shoulder or designated bike path.
The Mayor and Council of Smithsburg, a municipal corporation
existing under and by virtue of the laws of the State of Maryland.
The rider or operator of a bicycle or play vehicle as defined
herein on any of the streets of the Town of Smithsburg shall have
said vehicle under proper control and shall not operate or propel
the bicycle or play vehicle on any of the streets of the Town recklessly
or at a rate of speed greater than is reasonable and proper and shall
not use the streets or highways so as to endanger the property of
any person. All operators of bicycles or play vehicles shall at all
times comply with all other traffic regulations in force in the Town
of Smithsburg and pursuant to the traffic regulations for the State
of Maryland.
A.
It shall be unlawful for any person to ride any bicycle, motor vehicle
or play vehicle, as defined in this article, on, over or upon the
public sidewalks of the Town of Smithsburg or upon any parking lot
owned by the Town.
B.
The rider or operator of a bicycle or play vehicle as defined in
this article, provided that said rider or operator is less than eleven
years of age, may operate the bicycle or play vehicle herein on any
of the public sidewalks of the Town of Smithsburg, provided that the
rider or operator:
(1)
Shall have the bicycle or play vehicle under proper control;
(2)
Shall not operate or propel the bicycle or play vehicle on any of
the public sidewalks of the Town recklessly or at a rate of speed
greater than is reasonable and proper; and
(3)
Shall not use the public sidewalks of the Town so as to endanger
any person or the property of any person.
It shall be unlawful for any person, operator or group of persons
to ride or operate a bicycle, motor vehicle, or play vehicle, as defined
in this article, in any park or playground owned, operated and/or
maintained by the Town of Smithsburg, except in those areas designed
as riding areas or except in such areas as are public ways or public
highways or roads and commonly used in said park or playground areas.
A.
Any bicycle, motor vehicle or play vehicle, as defined herein, found
to be in violation of this article may be impounded by the police
and removed from the public thoroughfares of the Town.
B.
In the event that any bicycles, play vehicles or motor vehicles,
as defined herein, are located or turned into the Police Department
that have been abandoned within the Town of Smithsburg, the Police
Department shall impound the same if it is unable to locate the true
owners of said bicycles, play vehicles or motor vehicles.
C.
If any of the foregoing impounded bicycles, play vehicles and/or
motor vehicles are not redeemed within 30 days from the impounding
of the same if the owner is not known or within 30 days of the impounding
where the owner is known and has been notified in writing of the impoundment
of said bicycle, play vehicle, and/or motor vehicle, then said Police
Department shall sell said bicycles, play vehicles, and/or motor vehicles
at a public sale to the highest bidder, after having been duly advertised
by publishing notice of the time and place of such sale at least once
10 days prior to the sale in some newspaper published in the county.
A.
Any person violating any provision of this article, on conviction
thereof before the court having jurisdiction, shall pay a fine as
follows:
(1)
If the offense for which the person has been convicted is a violation
of the Motor Vehicle Law as set out in the Transportation Article
of the Annotated Code of Maryland, as it may from time to time be
amended, a fine as established by the Transportation Article of the
Annotated Code of Maryland, as it may be from time to time amended,
shall be paid.
(2)
If the person violating this article is convicted of a violation
that is not a violation of the Transportation Article as aforementioned,
a fine, upon conviction, of not less than $25 nor more than $100 shall
be paid.
B.
In addition to the penalties set forth in Subsection A of this section, in the event that any law enforcement agency acting within the jurisdictional limits of the Town of Smithsburg observes any minor child operating a play vehicle, motor vehicle and/or bicycle in violation of the provisions of this article, the law enforcement officer may confiscate the play vehicle, motor vehicle and/or bicycle operated by said minor child and shall return said play vehicle, motor vehicle and/or bicycle to said minor's parent or guardian. The law enforcement officer shall be authorized to confiscate a bicycle, play vehicle and/or motor vehicle as defined by this article under the provisions of this article whether or not he or she issues a citation for a violation of this article.
C.
In addition to the fines and the penalties described, the Mayor and
Council of Smithsburg may avail itself of any and all civil equitable
remedies for the purpose of stopping continuing offenses of this article.
