[HISTORY: Adopted by the Mayor and Council of the City of Hagerstown 3-31-1992 by Ord. No. 1992-22. Amendments noted where applicable.]
GENERAL REFERENCES057a Drawing Restricted Area
Vehicles and traffic — See Ch. 60.
Editor's Note: This ordinance also repealed former Ch. 57, Bicycles, adopted 2-4-1974, as amended.
For the purpose of this chapter, the terms used herein are defined as follows:
- A vehicle that is designed to be operated by human power, has two or three wheels, of which one is more than 14 inches in diameter, and has a wheel configuration as follows: If the bicycle has two wheels, with both wheels in tandem, or if the vehicle has three wheels, with one front wheel and with two rear wheels that are spaced equal distant from the center of the bicycle, or a vehicle that is otherwise considered a bicycle under the Transportation Article of the Annotated Code of Maryland.
- BIKE LANE
- Any portion of a roadway or shoulder designated for single directional bicycle flow.
- MOTOR VEHICLE
- Minibikes, motorbikes, motor scooters, go-carts and other mechanically propelled vehicles of a similar nature.
- PLAY VEHICLES
- 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 specified herein.
- 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.
[Amended 7-23-2013 by Ord. No. O-13-20]
The rider or operator of a bicycle or play vehicle, as defined herein, shall have said vehicle under proper control and shall not operate or propel the bicycle or play vehicle on any streets of the City or upon any City-owned property, of whatsoever nature or kind, wherever located, including but not limited to parking lots and public sidewalks of the City, recklessly or at a rate of speed greater than is reasonable and proper so as to endanger the person and/or 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 City of Hagerstown and pursuant to the traffic regulations for the State of Maryland.
Editor’s Note: Former § 57-3, Riding in parking lots and sidewalks prohibited, as amended, was repealed 7-23-2013 by Ord. No. O-13-20.
[Amended 8-24-1999 by Ord. No. 1999-39]
It shall be unlawful for any person, operator or group of persons except for a law enforcement officer and emergency services personnel acting in the performance of his duties to ride or operate a bicycle, motor vehicle or play vehicle, as defined in this chapter, in any park or playground owned, operated and/or maintained by the City of Hagerstown, except in those areas designated 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.
Any bicycle, motor vehicle or play vehicle, as defined herein, found to be in violation of this chapter shall be impounded by the Police Department and removed from the public thoroughfares of the City.
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 City of Hagerstown, the Police Department shall impound the same if they are unable to locate the true owners of said bicycle, play vehicle or motor vehicle.
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, in compliance with the rules and regulations promulgated by the Chief of Police, who is the chief administrative officer in charge of this program, 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 City.
Any person found guilty by the court of violating any provision of this chapter shall be guilty of a municipal infraction and may be ordered by the court to pay a fine of not less than $25 nor more than $1,000.
[Amended 8-24-1999 by Ord. No. 1999-39]
In addition to the penalties set forth in Subsection A in the event that any law enforcement officer acting within the jurisdictional limits of the City of Hagerstown observes any minor child operating a play vehicle, motor vehicle and/or bicycle in violation of the provisions of this chapter, 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 chapter under the provisions of this chapter whether or not he or she issues a citation for a violation of this section.
In addition to the fines and the penalties herein described, the Mayor and Council of the City of Hagerstown may avail themselves of any and all civil and equitable remedies for the purposes of stopping continuing offenses of this chapter.