AGENDA ITEM 16
March 23, 2010
Public Hearing
MEMORANDUM
TO:
County Council
FROM:
SUBJECT:
Robert
H.
Drummer, Senior Legislative Attorney
Au9
Public Hearing:
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed­
Monitoring Systems
Expedited Bill 7-10, Motor Vehicles and Traffic - Speed-monitoring systems, sponsored
by the Council President at the request of the County Executive, was introduced on March 2,
2010. A Transportation, Infrastructure, Energy and Environment Committee (T&E) worksession
is tentatively scheduled for April 8 at 9:30 a.m.
Bill 7-10 would permit the County Executive, by Executive Order, to authorize the Police
Department to deploy new fixed and mobile speed monitoring systems on streets in residential
districts with a maximum posted speed limit of 35 miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was authorized by Chapter
15, Laws of Maryland 2006, codified at §21-809 of the Transportation Article of the Maryland
Code. This law permitted Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a residential district
with a maximum posted speed of 35 miles per hour and in established school zones. By Chapter
500 of the Laws of Maryland 2009, the General Assembly amended §21-809 of the
Transportation Article by prohibiting the operation of a speed monitoring system "unless its use
is authorized by the governing body of the local jurisdiction by local law enacted after
reasonable notice and a public hearing." This new law applies to any speed monitoring system
the County activates after October 1,2009.
This packet contains:
Expedited Bill 5-10
Legislative Request Report
Memo from Executive
Circle
#
1
3
4
F:\LAW\BILLS\\o07 Speed Monitoring Systems\Public Hearing Memo.Doc
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Expedited Bill No. -,-7--,-1,"",0_ _
~-----:.
Concerning: Motor Vehicles and Traffic ­
Speed-monitoring systems
Revised: February 16. 2010 Draft No.
Introduced:
March 2. 2010
Expires:
September 2. 2011
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
--'N~o:!.n!!::e
_ _ _ _ __
Ch.
, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: The Council President at the Request of the County Executive
AN EXPEDITED ACT
to:
(1)
authorize the use of speed monitoring systems on certain highways under certain
circumstances; and
(2)
generally regulate the use of speed monitoring systems in the County .
By adding
Montgomery County Code
Chapter 31, Motor Vehicles and Traffic
Section 31-9A
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.
7-10
1
Sec.
1.
Section 31-9A is added as follows:
31-9A. Speed Monitoring Systems Authorized.
2
3
4
W
Definitions.
In this Section, the following words have the meanings
indicated:
5
School zone
means an area within
~
half-mile radius of any school
6
7
8
established
Qy
the State Highway Administration or the County
pursuant to the Maryland Transportation Code §21-803.1.
Speed monitoring system
means
~
device with one or more motor
9
10
11
vehicle sensors producing recorded images of motor vehicles traveling
at speeds at least
12.
miles per hour above the posted speed limit.
{hl
The County Executive may authorize,
Qy
Executive Order, the use of
~
speed monitoring system in the County:
12
13
ill
ill
(9.l
on
~
highway in
~
residential district with
~
maximum posted
14
15
speed limit of35 miles per hour, and
on
~
highway in
~
school zone.
16
17
An unmanned stationary speed monitoring system must not be
activated for the first time after October
.L
2009 until the Executive
publishes notice of the location of the speed monitoring system on the
County's website and in
County_
~
18
19
20
newspaper of general circulation in the
21
22
23
@
If
~
speed monitoring system is placed on
~
highway in
~
school zone,
each
§.ign
that designates the school zone must indicate that
monitoring system is in use.
~
speed
24
25
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.
26
27
28
®
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LEGISLATIVE REQUEST REPORT
Expedited Bill 7-10
Motor Vehicles and Traffic
-
Speed-monitoring systems
DESCRIPTION:
This Bill would pennit the County Executive, by Executive Order, to
authorize the Department of Police to deploy new fixed and mobile speed
monitoring systems on streets in residential districts with a maximum
posted speed limit of
35
miles per hour and in school zones.
The use of speed monitoring systems in Montgomery County was
authorized by Chapter 15, Laws of Maryland 2006, codified at § 21-809 of
the Transportation Article of the Maryland Code. This law pennitted
Montgomery County and municipalities within the County that have
police departments to operate speed monitoring systems on a highway in a
residential district with a maximum posted speed of
35
miles per hour and
in established school zones. By Chapter 500 of the Laws of Maryland
2009, the General Assembly amended § 21-809 of the Transportation
Article by prohibiting the operation of a speed monitoring system "unless
its use is authorized by the governing body of the local jurisdiction by
local law enacted after reasonable notice and a public hearing." This new
law applies to any speed monitoring system the County activates after
October
1,
2009.
PROBLEM:
GOALS AND
OBJECTIVES:
To pennit the County to continue to deploy speed monitoring systems on
residential streets and in school zones within Montgomery County in
accordance with State law.
COORDINATION: Department
of Police, County Attorney's Office
FISCAL IMPACT:
None.
ECONOMIC
IMP ACT:
SOURCE OF
INFORMATION:
None.
William A. Snoddy, Associate County Attorney, (240) 777-6722
APPLICATION
WITHIN
MUNICIPALITIES:
Yes.
PENALTIES:
None.
F:\LAW\BILLS\I007 Speed Monitoring Systems\LRR,DOC
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,1:1
F.
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054066,
OFFICE OF THE COUNTY EXECUTIVE
ROCKVILLE, MARYLAND 20850
~1)
LAtwt
Isiah Leggett
County Executive
MEMORANDUM
February 2,2010
TO:
Nancy Floreen, President
Montgomery County Council
Isiah Leggett, County Executive
Speed Camera Authorization
FROM:
SUBJECT:
I
am submitting for Council introduction a bill that would authorize Montgomery
County to deploy new speed cameras on streets in residential districts with a maximum posted
speed limit of 35 miles per hour and in school zones. I am also attaching a Legislative Request
Report for the bill. The bill would allow the Montgomery County Police Department (MCPD) to
deploy cameras at sites where cameras were not in operation before October 1, 2009, as required
by legislation enacted by the Maryland General Assembly in 2009.
In
2006, the General Assembly enacted a law which authorized Montgomery
County and municipalities within the County which have police departments to operate speed
monitoring systems on streets in residential districts with a maximum posted speed of 35 miles
per hour and in school zones.
In
2009, the General Assembly enacted a law which extended this
authority to other counties and municipalities in the State. However, the 2009 law prohibited any
jurisdiction from operating a speed monitoring system ''unless its use is authorized by the
governing body of the local jurisdiction by local law enacted after reasonable notice and a public
hearing." This requirement applies to any new speed camera deployed in the County after
October 1,2009.
I look forward to working with the Council to enact this bill.
cc:
J.
Thomas Manger, Chief, Department of Police
William Snoddy, Assistant County Attorney
Captain John Damskey, SOD Traffic Division
Kathleen Boucher, Assistant Chief Administrative Officer
C~'