PS Item 3
October 18, 2010
Worksession
MEMORANDUM
TO:
FROM:
SUBJECT:
Public Safety Committee
Robert H. Drummer, Senior Legislative Attorney
~
0\
Parking
Worksession:
Expedited Bill 46-10, Motor Vehicles and Traffic
Regulations Utility Trailers
Expedited Bill 46-10, Motor Vehicles and Traffic - Parking Regulations
Utility
Trailers, sponsored by Councilmember Knapp, was introduced on July 27, 2010. A public
hearing was held on September 28.
Background
Bill 27-08, enacted by the Council on January 27, 2009, restricted recreational and heavy
commercial vehicle parking on a public roadway in residential areas. Since the enactment of this
law, the Police Department reports that some owners of utility trailers have unhooked the utility
trailer from a truck in order to park the trailer in a residential area overnight without violating the
new restrictions on recreational and heavy commercial vehicle parking.
Bill 46-10 would prohibit parking a utility trailer on any public roadway except:
(1) for up to 18 hours while actively engaged in loading or unloading passengers,
merchandise or materials; or
(2) for up to 48 hours if the vehicle is involuntarily parked because of mechanical
failure or other emergency.
The Bill adds the following definition on lines 6-17 at ©2:
Utility
trailer:
A general use vehicle designed to
be
towed by a motor vehicle. A
utility trailer includes a:
(a)
homemade trailer;
(b)
small box trailer;
(c)
freight trailer;
(d)
semi-freight trailer;
(e)
boat trailer;
(f)
camping trailer;
(g) tent trailer;
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(h)
(i)
(j)
travel trailer;
flatbed trailer; and
horse trailer.
Public Hearing
Police Captain Thomas Didone testified in support of the Bill on behalf of the Executive.
Captain Didone explained the need to amend the recently enacted on-street parking restrictions
for recreational and heavy commercial vehicles to prevent the overnight parking of utility trailers
in residential areas. Max Bronstein, on behalf of the Strathmore Bel-Pre Civic Association,
supported the Bill. See ©6-7. Mr. Bronstein also asked if the Bill could be extended to prohibit
parking large portable storage structures on County roads.
Issues
1.
What is the fiscal and economic impact of the Bill?
The OMB Fiscal Impact statement concludes that the Bill would have no fiscal or
economic impact. Council staff concurs.
2. Should the Bill be extended to prohibit on-street parking of portable storage facilities?
On-street parking of portable storage structures is already covered by other Code
sections. County Code §49-10 prohibits placing a structure on a County road unless authorized
by a permit issued by the Director of the Department of Permitting Services (DPS). See ©8.
Code §49-11 authorizes the DPS Director to issue a permit to "install a temporary, removable
obstruction or occupation of a right-of-way." See ©9. A violation of these sections is a Class A
violation, punishable by a fine of up to $500, under Code §49-13. See ©11. A description of
this permit process published by DPS is at ©12.
Bill 46-10 restricts on-street parking of certain classes of vehicles. Although the potential
traffic hazard from placing a portable storage structure on a County road is similar to the
potential traffic hazard resulting from on-street parking of utility trailers, portable storage
structures are not vehicles. DPS is responsible for evaluating and acting on a request to
temporarily place a portable storage structure on a County road. Amendments to these Code
sections would be beyond the advertised scope of Bill 46-10. Mr. Bronstein's description of the
placement of a portable storage structure on a County road without a permit raises a potential
enforcement issue rather than a need for new legislation. Council staff recommendation: do
not amend the Bill to include restrictions on portable storage structures.
3.
Should utility trailers be permitted to park overnight on County roads?
County roads are designed for traffic flow. They are not designed to serve as a storage
facility for commercial vehicles. Parking a utility trailer on a County road when not actively
loading or unloading the vehicle creates the same traffic hazard as recreational vehicles.
Council staff recommendation: enact the Bill as introduced.
2
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This packet contains:
Expedited Bill 46-10
Legislative Request Report
Fiscal Impact Statement
Testimony of Max Bronstein
Code §49-10
Code §49-11
Code §49-13
DPS Permit Process Description
Circle
#
1
4
5
6
8
9
11
12
F:\LA W\BILLS\I 046 Parking - Utility Trailer\PS Memo.Doc
3
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Expedited Bill No.
46-10
Concerning: Motor Vehicles and Traffic ­
Parking Regulations - Utility Trailers
Revised: July 20,2010 Draft No. _2_
Introduced:
July 27,2010
Expires:
January 27, 2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _
~
_ _ _ _ _ __
Sunset Date:
--!..!.N~on~e<-:--.:--
_ _ __
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Councilmember Knapp
AN EXPEDITED ACT
to:
(1)
prohibit the parking of certain utility trailers in certain areas; and
(2)
generally amend the law regarding vehicle parking.
By amending
Montgomery County Code
Chapter 31, Motor Vehicles and Traffic
Sections 31-1 and 31-14
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* '" '"
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No.
46-10
1
Sec.
1.
Sections 31-1 and 31-14 are amended as follows:
2
3
4
33-1. Definitions.
For the purposes ofthis chapter, the following words and phrases shall have
the meanings respectively ascribed to them in this article:
5
*
utility trailer includes a:
*
*
(ill
homemade trailer;
small box trailer;
freight trailer;
semi -freight trailer;
boat trailer;
camping trailer;
tent trailer;
travel trailer;
flatbed trailer; and
horse trailer.
(Q}
!£)
@
~
ill
(g}
(h)
ill
ill
*
20
21
*
*
Parking of heavy commercial vehicles, recreational vehicles, utility
trailers, or buses.
(a)
A person must not park any recreational vehicle or utility trailer on any
public roadway except:
(1)
for up to 18 hours while actively engaged in loading or unloading
passengers, merchandise or materials, or
(2)
for up to 48 hours if the vehicle is involuntarily parked because of
mechanical failure or other emergency.
22
23
24
25
26
27
*
*
*
f:llaw\bills\1046 parking - utility trailer\biIl2.doc
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EXPEDITED BILL
No. 46-10
1
2
3
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest.
becomes law.
Approved:
4
5
This Act takes effect on the date on which it
6
7
Nancy Floreen, President, County Council
Date
8
Approved:
9
Isiah Leggett, County Executive
Date
10
This is a correct copy ofCouncil action.
11
Linda M. Lauer, Clerk ofthe Council
Date
f:\Iaw\bills\1046 parking -
utility
trailer\bill 2.doc
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LEGISLATIVE REQUEST REPORT
Expedited Bill 46-10
Motor Vehicles and Traffic Parking Regulations - Utility Trailers
DESCRIPTION:
The Bill would prohibit parking a utility trailer on any public
roadway except:
(1)
for up to 18 hours while actively engaged in loading or
unloading passengers, merchandise or materials, or
(2)
for up to 48 hours if the vehicle is involuntarily parked
because of mechanical failure or other emergency.
PROBLEM:
Bill 27-08, enacted by the Council on January 27, 2009, restricted
parking recreational vehicles and heavy commercial vehicles on a
public roadway in residential areas. Since the enactment of this law,
the Police Department reports that some business owners of utility
trailers have unhooked the utility trailer from the truck in order to
park the trailer in residential areas overnight without violating the
new restrictions on recreational vehicles and heavy commercial
vehicles.
To prevent the routine overnight parking of utility trailers on public
roadways when not in use.
Police
To be requested.
To be requested.
To be requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
To be researched.
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class B Violation - Fine established by regulation not to exceed
$200.
f:\law\bills\ 1046 parking - utility trailer\lrr.doc
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OFFICE OF MANAGEMENT AND BUDGET
Isiah Leggett
County Executive
Joseph
F.
Beach
MEMORANDUM
September 15, 2010
Director
TO:
FROM:
SUBJECT:
Nancy Floreen. President, County Council
~
Joseph F. Beach, Director, Office
ofMan~d
Budget
Expedited Bill
46-1 0,
Motor Vehicles and Traffic - Parking Regulations - Utility Trailers
The
purpose ofthis memorandum is to transmit a fiscal and economic impact statement
to the Council on the subject legislation.
LEGISLATION SUMMARY
Bill
27-08, enacted
by
the Council on January 27,2009, restricted the parking of
recreational vehicles and heavy commercial vehicles on a public roadway in residential areas. This Bill
would prohibit parking a utility trailer on any public roadway except:
(1)
for up to 18 hours while actively engaged in loading or unloading passengers, merchandise or materials, or
(2)
for up to
48
hours ifvehicle is involuntarily parked because of mechanical failure or other emergency.
The purpose ofthis legislation is to expand the parking restrictions of recreational
vehicles, heavy commercial vehicles, and buses on a pnblic roadway
in
residential areas
to
include utility
trailers. The Department ofPoHce reports that some business owners of utility trailers have unhooked the
utility trailer from the truck in order to park the trailer in residential areas overnight without violating the
restrictions on recreational vehicles and heavy commercial vehicles. The Department of Police does not
anticipate a fiscal impact with the enactment of this legislation as the Department is already perfonning
the enforcement function with respect to abandoned and impounded vehicles.
The
owners of abandoned
and impounded vehicles, as well as utility trailers will, however,
be
responsible for payment of the tow
bill. The Department of Finance has reviewed the bill and detennined that there is no economic impact to
the County.
The following contributed
to
and concurred with this analysis: Captain John Didone, and
Neil Shorb, of the Department of Police, Mike Coveyou, Department of Finance, and
Ed
Piesen, Office of
Management and Budget.
JBF:ep
c:
Kathleen Boucher, Assistant Chief Administrative Officer
Tom Street, Assistant ChiefAdministrative Officer
Dee
Gonzalez, Officers of the County Executive
J. Thomas Manger, Chief of Police
John Didone, Captain, Department of Police
Office of the Djrector
101 Monroe Street, 14th Floor' Rockville, Maryland 20850 • 240-777·2800
www.montgomerycountymd.gov
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Testimony of Max Bronstein on Expedited Bill
46-10
September 28, 2010
I am the External Affairs Chair of the Strathmore Bel-Pre
Civic Association which has approved my relnarks. The
overwhelming majority of the members of our 800 honle
community have for a long time felt that the profusion of
utility trailers parked along Hewitt Ave. constitute an
eyesore and an unwelcome presence on that street which
serves as a lnajor entrance and exit for our neighborhood.
These same conditions apply in many areas of this county.
Accordingly, we very strongly support Bill
46-10
to
prohibit the parking of utility trailers on our public
roadways.
Additionally, we must comment on a situation that has
conle to our attention in recent weeks. We refer to the
parking of large portable on demand storage structures
often referred to as "pods" on our public roads. We have
been informed by Officer Di Carlo, Traffic Con1plaint
Officer from District Four, that these units may be legally
placed on the street if a permit has been obtained from
Pennitting Services. Let lne point out that the "pod" left on
Hewitt Ave. for approximately a month measured
12'
in
length, 8' in width, and was 7
~'high.
It
was the size of a
small room. Since it had no pennit, it was finally removed.
These units are typically seen in a driveway or in a yard for
the purpose of storing household furniture and items while
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a home is being renovated. We have no objection to their
being located on private property. However, we strongly
object to their being located on public roads.
The typical street in our community and other
neighborhoods is
30'
to
35'
feet wide and an object
12'
long x
8'
wide x 7
liz
feet high is a safety hazard as well as
an unacceptable eyesore on public roads. Many
pedestrians, adults as well as young children, cross in mid­
block on Hewitt Ave., for example, because there is no
intersecting street between Georgia Ave. and Bluff Point
Lane, a distance equivalent to an average 3 block span. A
"pod" at a width of
8'
is wider than the usual large auto at
less than
6'.
As these storage units have solid sides they
restrict vision and make for very unsafe conditions. I use
Hewitt Ave. only as an example due to familiarity, and
again, these objectionable conditions prevail in many
county communities. We submit these "pods" should not
be allowed on any public road.
Accordingly, we urge that language be added to Bill 46-10
that prohibits placement of these storage units refen'ed to as
"pods" on public roads and that the issuance of permits for
that purpose be discontinued.
Thank You.
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MONTGOMERY COUNTY CODE
Sec. 49-10. Obstruction of public rights-of-way.
Except as provided in Section 49-11, in the public right-of-way, a person must not:
(a)
(b)
except:
(1)
do any reconstruction or maintenance work; or
erect or place any structure, fence, post, rock, or other object in the right-of-way,
mail boxes mounted on a support that will bend or break away on impact
by a vehicle;
(2)
individual residential newspaper boxes mounted on a support that will
bend or break away on impact by a vehicle;
(3)
(4)
street trees placed and maintained under Section
49-330);
ground cover placed and maintained under Section 49-33(k);
(5)
a temporary, removable obstruction or occupation of a right-of-way
installed under a permit issued under Section 49-11; or
(6)
as otherwise permitted by law.
Any object placed in the public right-of-way under this subsection must not unreasonably
impede use of a sidewalk or other right-of-way by pedestrians or persons in wheelchairs, or
impede or endanger automobiles or other vehicles. (Mont. Co. Code 1965,
§
24-24; CY 1991
L.M.C., ch. 42, § 1; 1996 L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1;
2000 L.M.C., ch. 23, § 1; 2001 L.M.C., ch. 14, § 1; 2002 L.M.C., ch. 16, § 2; 2007 L.M.C., ch. 8,
§
1.)
Editor's
note-Section 49-10, formerly Section 49-17, was renumbered and amended
pursuant to 2007, ch. 8, § 1. Former Section 49-10 was renumbered Section 49-6 pursuant to
2007, ch. 8, §
1.
See County Attorney Opinion dated 2/27/92 explaining that the Council cannot exercise
its authority under the Regional District Act to amend the portion of the County Code governing
road rights of way, because those provisions are not contained in the zoning ordinance.
1
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MONTGOMERY COUNTY CODE
Sec.
49-11. Permit to obstruct public rights-of-way.
(a)
Unless this Section prohibits the issuance of a permit, the Director of Permitting
Services may issue a permit to:
(1)
reconstruct or repair a sidewalk, shared use path, driveway, curb, or other
structure;
(2)
install, repair, locate, or replace underground utilities or infrastructure
under a sidewalk or shared use path; or
(3)
install a temporary, removable obstruction or occupation of a right-of-way;
or
(4)
close a curb lane, sidewalk, or shared use path in conjunction with the
construction or reconstruction of an abutting structure.
(b)
The Director must not issue a permit for reconstruction or repair of a sidewalk or
shared use path for more than 6 months, or to close a curb lane, sidewalk, or shared use path for
work on an abutting structure, utilities, or infrastructure for more than 15 days, unless a safe
alternate walkway or shared use path is provided on the same side of the street:
(1)
in a Metro Station Policy Area, Town Center Policy Area, or other area
expressly identified in a Council resolution;
(2)
(3)
within 20 feet of a bus stop or mass transit station entrance; or
on a road:
(A)
(B)
(C)
designated as a major or arterial highway;
of 4 lanes or more; or
designated as a business district street.
The Director may allow a covered walkway to serve as an alternate walkway.
(c)
The Director may issue a permit to rebuild or repair a sidewalk or shared use path
for more than 6 months, or to close a curb lane, sidewalk, or shared use path for work on abutting
structures, utilities, or infrastructure for more than 15 days, without requiring that a safe alternate
sidewalk or shared use path be provided on the same side of the street, if the Director finds that:
(1)
based on a certification submitted by a professional engineer, construction
1
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MONTGOMERY COUNTY CODE
of such a sidewalk or shared use path is not possible; or
(2)
the street is closed.
(d)
The Director may grant one extension for no more than 15 days of a permit to
close a roadway lane, sidewalk, or shared use path for work on abutting structures, utilities, or
infrastructure without requiring that a safe alternate walkway or shared use path be provided on
the same side of the street on a showing of extreme hardship.
(e)
The Director must not issue or extend in duration or area any permit to close a
sidewalk or shared use path to use the area for vehicle parking or storage of construction
materials.
(f)
work area.
The Director must include conditions in each permit to assure public safety in the
(g)
Before the Director issues a permit under this Section to close a sidewalk, curb
lane, or shared use path, the Director of Transportation must approve a temporary traffic control
plan.
A professional engineer must certify for the applicant that the plan minimizes
inconvenience to the public, provides necessary warnings, and includes safe and reasonable
pedestrian alternatives in accordance with accepted engineering standards.
(h)
A permittee must have a valid franchise, as defined in Section 49-20, before the
permittee installs, repairs, or maintains any utility or infrastructure in the public right-of- way.
(Mont. Co. Code 1965,
§
24-25; 1973 L.M.C., ch. 25,
§
8; CY 1991 L.M.C., ch. 42, § 1; 1996
L.M.C., ch. 4, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; 2001 L.M.C., ch. 14, § 1;
2002 L.M.C., ch. 16,
§
2; 2007 L.M.C., ch. 8,
§
1; 2008 L.M.C., ch. 5,
§
1.)
Editor's
note-2008 L.M.C., ch. 5,
§
3, states: Sec. 3. Any regulation in effect when this
Act takes effect that implements a function transferred to another Department or Office under
Section 1 of this Act continues in effect, but any reference in any regulation to the Department
from which the function was transferred must be treated as referring to the Department to which
the function is transferred. The transfer of a function under this Act does not affect any right of a
party to any legal proceeding begun before this Act took effect.
See County Attorney Opinion dated 2/27/92 explaining that the Council cannot exercise
its authority under the Regional District Act to amend the portion of the County Code governing
road rights of way, because those provisions are not contained in the zoning ordinance.
Section 49-11, formerly Section 49-18, was renumbered, amended, and retitled pursuant
to 2007, ch. 8,
§
1. Former Section 49-11 was renumbered Section 49-20 pursuant to 2007, ch. 8,
§1.
2
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MONTGOMERY COUNTY CODE
Sec. 49-13. Penalty for violation of Sections 49-10 and 49-11.
Any violation of Sections 49-10 and 49-11 or any permit granted under those Sections is
a Class A violation. (Mont. Co. Code 1965,
§
24-27; 1983 L.M.C., ch. 22, § 54; 2007 L.M.C.,
ch.8,§
1.)
Editor's
note-Section 49-13, formerly Section 49-20, was renumbered, amended, and
retitled pursuant to 2007, ch. 8, §
1.
Former Section 49-13 was renumbered Section 49-22
pursuant to 2007, ch. 8, § 1.
@)
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DEPARTMENT OF PERMITTING SERVICES
Isiah Leggett
County Executive
(240) 777-6300
http://www.montgomerycountymd.gov/permittingservices/
Carla Reid
Director DPS
PORTABLE STORAGE CONTAINERS
IN THE COUNTY RIGHT-OF-WA
Y
AND ON
COUNTY ROADS
Permanent Portable on Demand Storage (PODS) containers are not
permitted in the right-of-way.
The Department of Permitting Services (DPS) requires a Right of Way per­
mit for the temporary placement PODS within the right-of-way or on a County
road. This permit is very similar to the permit required for the placement of
construction dumpsters on roadways. A right-of-way permit for PODS ensures
that the container will be placed in an acceptable location that does not endan­
ger or interfere with pedestrian and vehicular traffic. The permit may require
the placement of warning devices such as traffic cones or barricades to alert
motorists to the presence of the PODS.
A traffic-control plan showing any required warning devices may be re­
quired for PODS placed on high-volume roadways and within business dis­
tricts. In some cases, a Right-of-Way permit might be denied if the PODS
could create a Sight-distance problem or if the roadway is a major roadway
with high traffic volumes.
Right-of-way permits for PODS are valid for a maximum of six months.
Extensions
will
not be permitted.
*This flyer does not reflect municipality and home owner association rules and regulations. If you live in a home­
@