Expedited Bill No. _
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Concerning: Streets and Roads
Amendments
Revised:
6/6/2016
Draft No.
_1_
Introduced:
July
12. 2016
Enacted:
August
2. 2016
Executive: _ _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date:
~No=n~e~------
Ch. _ _ , Laws of Mont Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President at the request of the County Executive
AN EXPEDITED ACT
to:
(I)
clarify
that a person may not exercise control over, or otherwise occupy, the public
right-of-way;
(2)
define certain terms in Chapter 49; and
(3)
generally amend County law regarding rights-of-way and streets and roads.
By amending
Montgomery County Code
Chapter 49, Streets and Roads
Sections 49-10 and 49-26
• • •
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Added to existing law by original bill.
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Added by amendment.
Deleted from 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. 30-16
Sec.1. Sections 49-10 and 49-26 are amended as follows:
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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:
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place, maintain, use, or exercise control over, any object or structure in
the public right-of-way;
allow any object or structure owned
ID'.
the person to occupy, obstruct,
or encroach upon the public right-of-way;
[(a))
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[do) perform any reconstruction or maintenance work; or
[(b )) @allow the [erect] erection or [place) placement of any structure, fence,
post, rock, or other object in the public right-of-way, except:
( 1)
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)
(5)
street trees placed and maintained under Section 49-330);
ground cover placed and maintained under Section 49-33(k);
a temporary, removable obstruction or occupation of a
right-of-way
installed
under
a
permit
issued
under
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Section 49-11; or
(6)
as otherwise permitted by law.
Any object placed in the public right-of-way under [this subsection) Section
49-1 O(d) 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.
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EXPEDITED BILL NO. 30-16
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49-26. Definitions.
Bikeway:
any area expressly intended for bicycle travel, including any:
(a)
Shared use path:
A paved path that abuts, is contiguous with, and is
.1!
part of the right-of-way for
.1!
County road or street, that is typically 10
feet wide, but can vary between 8 feet and 14 feet wide, designated for
bicycles and pedestrians, and that is separated from motorized traffic
by a curb, barrier, or landscape panel.
(hl
Shared use trail:
A paved or unpaved trail designated for bicycles and
pedestrians, that is not part of the right-of-way for
.1!
County road or
street because the trail does not abut and lie contiguous with the right
of way for
.1!
County road or street.
[(b )]
!£)Bike lane:
A portion of a roadway designated by striping, signing, or
pavement markings for the preferential or exclusive use of bicycles, and
on which through-travel by motor vehicles is not allowed.
[(c))
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Shared use roadway:
A roadway open to both bicycle and motor
vehicle travel and which is designated as a preferred route for bicycle
use by warning or informational signs.
[(d)]
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Separated bike lane,
also known as a protected bike lane or cycle
track: a bikeway that is physically separated from motor vehicles and
pedestrian facilities. The separation may be vertical, such as a curb;
horizontal, such as a landscape panel or parking lane; or a
combination. A separated bike lane may be in a one-way or two-way
configuration.
[(e)]
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Buffered bike lane:
a bikeway separated from a motor vehicle travel
lane with an area of striped pavement.
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EXPEDITED BILL No. 30-16
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Road:
any road, street, highway, avenue, lane, alley, [or viaduct, or any segment
of any of them.) bridge, shared use path, sidewalk, viaduct, or any segment of any of
them, and any related storm drain and stormwater management facility.
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Sidewalk:
any portion of the righ!-of-way for
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County road or street that is
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expressly intended as a pedestrian walkway [that fronts a road).
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Sec. 2. Expedited Effective Date.
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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:
Nancy Floreen, Pres· ent, County Council
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Approved:
Isiah Leggett, County Executive
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Date
This is a correct copy ()(Council action
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Linda M. Lauer, Clerk of the Council
Date
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