Agenda Item
II
September 28,2010
Public Hearing
MEMORANDUM
TO:
County Council
FROM:
SUBJECT:
Robert
H.
Drummer, Senior Legislative AttomeyQ
Public Hearing:
Expedited Bill 46-10, Motor Vehicles and Traffic - Parking
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
Transportation, Infrastructure, Energy and Environment Committee worksession is tentatively
scheduled for October 7 at 9:30 a.m.
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.
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.
This packet contains:
Expedited Bill 46-10
Legislative Request Report
Fiscal Impact Statement
Circle
#
1
4
5
F:\LAW\BILLS\1 046 Parking. Utility Trailer\Public Hearing Memo.Doc
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Expedited Bill No.
46-10
Concerning: Motor Vehicles and Traffic ­
Parking Regulations - Utility Trailers
Revised: July 20, 2010 Draft No.
~
Introduced:
July 27,2010
Expires:
January 27,2012
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -:...:,No""n"""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
2
Sec.
1.
Sections 31-1 and 31-14 are amended as follows:
33-1. Definitions.
F or the purposes of this chapter, the following words and phrases shall have
the meanings respectively ascribed to them in this article:
3
4
5
*
utility trailer includes a:
*
*
ill
Oil
W
@
~
homemade trailer;
small box trailer;
freight trailer;
semi -freight trailer;
boat trailer;
camping trailer;
tent trailer;
travel trailer;
flatbed trailer; and
horse trailer.
ill
(g}
(b)
ill
ill
*
20
21
22
23
*
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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:
(l)
for up to 18 hours while actively engaged in loading or unloading
passengers, merchandise or materials, or
24
25
(2)
for up to 48 hours if the vehicle is involuntarily parked because of
mechanical failure or other emergency.
26
27
*
*
*
f:llaw\bills\1046 parking - utility trailer\bill 2.doc
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EXPEDITED BILL
No.
46-10
1
2
3
4
Sec.
2~
Expedited Effective Date.
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which
it
becomes law.
Approved:
5
6
7
Nancy Floreen, President, County Council
Date
8
Approved:
9
Isiah Leggett, County Executive
Date
10
This is a correct copy o/Council action.
11
Linda M. Lauer, Clerk of the Council
Date
f:\law\bills\1046 parking - utility trailer\biU2.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:
(I)
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
MEMORANDUM
Joseph E Beach
Director
September
15,2010
TO:
FROM:
SUBJECT:
Nancy Floreen, President, County Council
~
Joseph F. Beach, Director, Office
ofMan~d
Budget
Expedited Bill
46-10,
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
Bil127-08,
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 if vehicle is involuntarily parked because of mechanical failure or other emergency.
F~CALANDECONONHCSUMMARY
The purpose ofthis legislation·is to expand the parking restrictions of recreationa!
vehicles, heavy commercial vehicles,
and
buses on a public roadway in residential areas to include utility
trailers. The Department of Police 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 ofPolice does not
anticipate a fiscal impact with the enactment oftbis 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 ofthe tow
hill.
The Department of Finance has reviewed the bil1 and determined 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 ofFinance, 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 ofthe County Executive
J. Thomas Manger, ChiefofPolice
John Didone, Captain, Department ofPoJice
Office of the Director
101 Monroe Street, 14th Floor· Rockville, Maryland 20850 • 240-777-2800
www.rnootgomerycountymd.gov