THE CITY OF
ORDINANCE NO. G-07-24
FOR THE PURPOSE of
amending the Code of the City of Frederick
BY REPEALING AND REENACTING WITH
AMENDMENTS Section 22-28.1; and
BY REPEALING Sections 22-28.2 through 22-28.8.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED BY THE MAYOR AND BOARD OF
ALDERMEN OF THE CITY OF
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
(d) Carroll Creek Linear Park. Within
the boundaries of
(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 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 $100.
(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.
Section 2.
Section 22-28.2 of the Frederick
City Code (1966, as amended), entitled "Applicability", is hereby repealed in its entirety.
Section 3.
Section 22-28.3 of the Frederick
City Code (1966, as amended), entitled "Definitions", is hereby
repealed in its entirety.
Section 4.
Section 22-28.4 of the Frederick
City Code (1966, as amended), entitled "Required safety equipment", is
hereby repealed in its entirety.
Section 5.
Section 22-28.5 of the Frederick
City Code (1966, as amended), entitled "Right-of-way", is
hereby repealed in its entirety.
Section 6.
Section 22-28.6 of the Frederick
City Code (1966, as amended), entitled "Recognition of state
statutes", is hereby repealed in its entirety.
Section 7.
Section 22-28.7 of the Frederick
City Code (1966, as amended), entitled "Conflict and severability", is
hereby repealed in its entirety.
Section 8.
Section 22-28.8 of the Frederick
City Code (1966, as amended), entitled Enforcement, fines and penalties", is
hereby repealed in its entirety.
Section 9.
In the event any provision, section, sentence, clause or part of this
ordinance shall be held to be invalid, such invalidity shall not affect or
impair any remaining provision, section, sentence, clause or part of this
ordinance, it being the intent of The City of Frederick that such remainder
shall be and shall remain in full force and effect.
Section 10.
This
ordinance shall take effect as of the date of its passage and all other
ordinances or parts of ordinances inconsistent with the provisions of this
ordinance will as of that date be repealed to the extent of such inconsistency.
APPROVED:
December 6, 2007 PASSED: December 6, 2007
____________________________ _______________________________
WILLIAM J. HOLTZINGER,
Mayor WILLIAM
J. HOLTZINGER, President
Board
of Aldermen
Approved for Legal Sufficiency:
____________________________
Legal Department