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.