Chapter 22 STREETS AND SIDEWALKS*
ARTICLE II. SIDEWALKS
Sec. 22-28.1. Non-motorized wheeled vehicles.*
(a) Definitions. In this section the following words have the meanings
indicated unless a different meaning is clearly intended from the
context:
(1) City property. “City property” is any real
property, except for streets, owned or controlled by the City of Frederick.
“City property” includes, but is not limited to, parking lots,
parking garages, parking ramps, sidewalks, paved pathways, and
bridges.
(2) Non-motorized wheeled vehicle. A “non-motorized
wheeled vehicle” is any vehicle with one or more wheels propelled by human
power, including but not limited to bicycles, in-line skates, roller skates,
scooters, and skateboards, but excluding baby strollers, wheelchairs, and
walkers.
(b) Non-motorized wheeled vehicles on city property. Except as
otherwise provided in subsections (c) through (e) of this section, an individual
may use a non-motorized wheeled vehicle on any city property.
(c) Historic
district. Within the historic district overlay district, excluding Carroll Creek
Linear Park, an individual more than ten (10) years old may not use a
non-motorized wheeled vehicle on any city property.
(d) Carroll Creek Linear
Park. Within the boundaries of Carroll Creek Linear Park, an individual more
than ten (10) years old may not use a non-motorized wheeled vehicle, except for
a bicycle, on any city property. During an event in Carroll Creek Linear Park
permitted by the Department of Parks and Recreation, an individual more than ten
(10) years old may not ride a bicycle in Carroll Creek Linear Park between Court
Street and Wisner Street. Walking while pushing or pulling a bicycle is not a
violation of this provision.
(e) Signs prohibiting use. The Deputy Director
for Parks and Recreation may post or cause to be posted signs prohibiting the
use of one or more types of non-motorized wheeled vehicles in a specified
location on city property. An individual may not use a non-motorized wheeled
vehicle in contravention of a sign posted in accordance with this
subsection.
(f) Permission by resolution. The mayor and board of aldermen
may, by resolution, make exceptions to the prohibitions set forth in subsections
(c) through (e) of this section.
(g) City employees. The prohibitions set
forth in subsections (c) through (e) of this section do not apply to city
employees engaged in the performance of their official duties.
(h) Manner of
operation.
(1) Negligent operation. An individual may not use any
non-motorized wheeled vehicle in a careless or reckless manner that might
endanger the safety or welfare of any other individual or property. An
individual using a non-motorized wheeled vehicle shall yield the right-of-way to
any pedestrian and shall exercise due care when passing any other
individual.
(2) Helmet required. An individual less than sixteen (16) years
old using or riding on a non-motorized wheeled vehicle must wear a helmet that
meets or exceeds the standards for protective headgear for use in bicycling or
in-line skating referenced in the Transportation Article of the Annotated Code
of Maryland.
(3) Bicycle safety equipment. A bicycle must be equipped with
brakes and with a device for signaling others, including but not limited to a
bell, horn, or similar device.
(i) Enforcement.
(1) By whom. Officers of
the Frederick Police Department, employees of the Department of Code
Enforcement, and park enforcement officers are hereby authorized to enforce the
provisions of this section.
(2) Municipal infraction. Except as otherwise
provided in subsection (i)(3), each violation of this section is deemed a
municipal infraction, punishable by a fine not to exceed one hundred dollars
($100.00).
(3) Helmets. A violation of subsection (h)(2) of this section
will be enforced by the issuance of a warning that informs the offender of the
requirements of subsection (h)(2) and provides educational materials about
helmet use.
(4) Impoundment. In addition to the penalty set forth in
subsection (h)(2) of this section, a non-motorized wheeled vehicle may be
impounded by an authorized enforcement officer. Upon payment of any fine imposed
under subsection (i)(2) of this section, the owner of a non-motorized wheeled
vehicle may reclaim the vehicle. (Ord. No. G-07-24, § 1,
12-6-07)
*Editor’s note—Ord. No. G-07-24, adopted
December 6, 2007, repealed and reenacted, with amendments, § 22-28.1
which pertained to non-motorized wheeled vehicles on sidewalks, and derived from
Ord. No. G-03-22, 12-18-03.
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