Unless otherwise expressly stated or the context
clearly indicates a different meaning, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
Includes every individual who shall operate a vehicle as
the owner or as the agent, employee or permittee of the owner or who
is in actual physical control of a vehicle.
Includes any mechanical device or meter not inconsistent
with this article, placed or erected for the regulation of parking
by authority of this article. Each "parking meter" installed shall
indicate by proper legend the legal parking time and, at the expiration
of such period, shall indicate illegal or overtime parking.
Any space within a parking-meter zone, adjacent to a parking
meter and duly designated for the parking of a single vehicle by lines
painted or otherwise durably marked on the curb or on the surface
of the street adjacent to or adjoining the parking meter.
Any street or highway or portion thereof and/or any parking
lot or portion thereof or other designated location set aside under
provisions of this article for the installation of parking meters
and upon which parking meters have been installed and are in operation.
Such zones shall not include locations where fire hydrants have been
installed nor such spaces as have been designated as bus stops, taxicab
stands or entrances to post offices, churches, hotels, theaters or
banks nor other places where parking has been prohibited.
The standing of a vehicle, whether occupied or not, upon
a street otherwise than temporarily for the purpose of and while actually
engaged in receiving or discharging passengers or loading or unloading
merchandise or in obedience to traffic regulations, signs or signals
or the involuntary stopping of a vehicle by reason of causes beyond
the control of the operator of the vehicle.
Any device in, upon or by which any person or property is
or may be transported upon a highway, except a device which is operated
upon rails or tracks.
A.
On-street parking-meter zones. The streets or parts
of streets contained on a list maintained by the City Clerk are hereby
established as on-street parking-meter zones.
B.
Off-street parking-meter zones. The municipal parking
lots or other properties owned or leased by the City and contained
on a list maintained by the City Clerk are hereby established as off-street
parking-meter zones.
[Amended 7-17-1990 by Ord. No. 1990-39]
The City Signal Division is directed and authorized
to mark off individual parking spaces to be rented or leased on a
monthly or yearly basis during the hours specified at a rental rate
to be set by the Mayor and Council, provided that such rented or leased
parking spaces are clearly marked so as to indicate to the public
that such parking spaces are rented or leased and not available to
anyone other than the lessee of such parking space. It shall be unlawful
for any person other than the lessee to park or permit his vehicle
to be parked in any such leased or rented parking space during the
hours specified.
[Amended 7-17-1990 by Ord. No. 1990-39]
In the parking-meter zones the City Signal Division shall cause parking meters to be installed upon the curb or sidewalk immediately adjacent to the parking spaces provided in § 60-30 of this Code. Each device shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins, lawful money of the United States of America, for the period of time prescribed by this article. Each device shall be so arranged that, upon the expiration of the lawful time limit, it will indicate by a proper visible signal that the lawful parking period has expired, and in such cases the right of the vehicle to occupy such space shall cease, and the operator, owner, possessor or manager of such vehicle shall be subject to the penalties provided in this chapter.
A.
The Chief of Police shall be responsible for the regulation, control, operation and use of parking meters installed as provided in § 60-32.
B.
The City Signal Division and the City Treasurer shall
be jointly responsible for the maintenance of parking meters.
[Amended 7-17-1990 by Ord. No. 1990-39]
Except in a period of emergency determined by
an officer of the Fire or Police Department or in compliance with
the directions of a police officer or traffic control sign or signal,
when any vehicle shall be parked in any parking space alongside or
next to which a parking meter is located, the operator of such vehicle
shall, upon entering the parking-meter space, immediately deposit
or cause to be deposited in the meter such proper coin of the United
States as is required for such parking meter and as is designated
by proper directions on the meter, and, when required by the directions
of the meter, the operator of such vehicle, after the deposit of the
proper coin or coins, shall also set in operation the timing mechanism
on such meter in accordance with the directions properly appearing
thereon, and failure to deposit such proper coin and to set the timing
mechanism in operation when so required shall constitute a violation
of this article. Upon the deposit of such coin and the settling of
the timing mechanism in operation, the parking space may be lawfully
occupied by such vehicle during the period of time which has been
prescribed for the part of the street in which the parking space is
located, provided that any person placing a vehicle in a parking-meter
space adjacent to a meter which indicates that unused time has been
left in the meter by the previous occupant of the space shall not
be required to deposit a coin as long as his occupancy of such space
does not exceed the indicated unused parking time. If such vehicle
shall remain parked in any such parking space beyond the parking time
limit set for such parking space and if the meter shall indicate such
illegal parking, then and in that event such vehicle shall be considered
as parking overtime and beyond the period of legal parking time, and
such parking shall be deemed a violation of this article.
A.
Parking or standing a vehicle in a designated space
in a parking-meter zone shall be lawful upon deposit of the appropriate
coin or coins. The amount of deposit shall be posted on each meter
and shall indicate the length of time the vehicle may lawfully occupy
the space for such deposit.
B.
The Council shall establish, from time to time, by
resolution, the time periods when a deposit will be required at a
parking meter and the amount of such deposit.
During the time that such parking meters are
being operated, no person shall park or stand a vehicle in a designated
space in a parking-meter zone for a longer period than that indicated
on the dial of the parking meter, and it shall be unlawful for any
person whose car shall have already been parked in the meter zone
for the maximum time indicated on the dial of the meter to return
and deposit additional coins in the parking meter in order to park
his vehicle for a longer period of time than that indicated on the
parking meter dial.
A.
The fee or charge with respect to parking meters in
municipal parking lots during the time that such parking meters are
being operated shall be at the rate established by resolution by the
Mayor and Council.
B.
In all lots that are not controlled by parking meters
or any other mechanical devices, parking costs shall be in accordance
with rates as determined by the Mayor and Council.
The loading or unloading of a truck, van or
other commercial vehicle may be conducted for a reasonable period
at any one time on a parking space adjacent to which a parking meter
has been installed under this article without the deposit of a coin
in such meter.
The Chief of Police and/or the City Treasurer
shall designate an individual or individuals to make regular collections
of the money deposited in parking meters installed under the provisions
of this article. Such designees shall remove the coins deposited in
such meters and deliver such coins to the City Treasurer, who shall
deposit such funds to the account of the City designated by the Mayor
and Council.
A.
Parking meters shall be operated in the parking-meter
zones, including any and all metered parking lot or lots under the
control of the City (except those parking meters operated in areas
designated "hospital zone"), between the hours of 9:00 a.m. and 5:00
p.m., Monday through Saturday of each week, except that such meters
shall not be operated on designated public holidays or Sundays.
B.
Parking meters operated in areas designated "hospital
zone" shall be operated between the hours of 9:00 a.m. and 7:00 p.m.,
seven days a week, excluding designated public holidays and Sundays.
A.
In the event that any vehicle is unlawfully parked
in accordance with the provisions of this article for a period of
24 hours, the Police Department of the City is hereby authorized and
directed to tow away or have towed away by a competent person all
such vehicles violating the parking prohibitions contained in this
article.
It shall be unlawful and a violation of the
provisions of this article for any person to:
A.
Cause, allow, permit or suffer any vehicle registered
in the name of or operated by such person to be parked overtime or
beyond the time period of legal parking time established for any parking-meter
zone as described in this article or to deposit in any parking meter
any coin for the purpose of parking beyond the maximum legal parking
time for the particular parking-meter zone.
B.
Permit any vehicle to remain or be placed in any parking
space adjacent to any parking meter while such meter is displaying
a signal indicating that the vehicle occupying such parking space
has already been parked beyond the period prescribed for such parking
space.
C.
Park any vehicle across any line or marking of a parking-meter
space or in such position that the vehicle shall not be entirely within
the area designated by such lines or markings.
D.
Deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter installed under
the provisions of this article.
E.
Deposit or cause to be deposited in any parking meter
any slug, device or metal substance or other substitute for lawful
coins.
F.
Sell or offer for sale any goods, commodities, foodstuffs,
merchandise or products of whatsoever nature or kind from any parking
space adjacent to any parking meter. This provision shall not apply
during any special event sponsored by the City of Hagerstown.
[Added 8-25-1992 by Ord. No. 1992-35]
G.
Exit a
City parking deck in a vehicle after parking there without paying
the parking fee due as posted at the deck.
[Added 6-22-2010 by Ord. No. O-10-14]
It shall be unlawful for any person to permit
any vehicle to remain or be placed in any parking space in any municipal
lot with reference to which no parking meter has been installed unless
the vehicle in question displays a current permit issued to the lessee
for the parking area from the City.
The owner of any vehicle parked in violation of or failing to comply with this article or Article IV shall be prima facie responsible for such violation or failure to comply.
With reference to parking-meter zones (on- and
off-street) and off-street leased parking spaces, as provided in this
article, it shall be the duty of the police officers or other duly
designated employees of the City to submit a written report of each
violation of or failure to comply with parking requirements of this
article, which report shall state:
A.
The number of the parking meter or parking space which indicates that the vehicle occupying the parking space adjacent to such parking meter or space is or has been parked in violation of any of the provisions of this article of Article IV.
B.
The state license number of such vehicle.
C.
The date and approximate time of such violation.
D.
Any other facts, a knowledge of which is necessary
to a thorough understanding of the circumstances attending the violation.
E.
That an oath by the officer or designated employee
is attached and certifying, under penalty or perjury, that the matter
set forth on said citation is, to the best of his knowledge, true.
A police officer or other duly designated employee making a report as provided for in § 60-45 shall notify the defendant that the vehicle has been parked in a manner that violates or fails to comply with the provisions of Chapter 60, Article IV or IVA, and in the event that said vehicle is unattended shall attach said notice in a conspicuous place upon the vehicle of the defendant that the vehicle has been parked in a manner that violates or fails to comply with the provisions of Chapter 60, Article IV or IVA.
Upon notification or attachment to the vehicle
of said notice of violation, said notice shall notify the defendant
that if he desires to stand trial he may notify the Hagerstown Department
of Police at least five days prior to the payment date set forth in
the citation, and said Police Department will obtain a trial date
within 15 days of the date of notification by the defendant of his
desire to stand trial. Further, said notice shall contain appropriate
verbiage to notify the defendant of his right to stand trial.
