Municipal Code Title 10: Vehicles and Traffic

Town of Emmitsburg
300A S. Seton Ave Emmitsburg, Maryland
21727
240-629-6300

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Title 10: Vehicles and Traffic

10.04 General Provisions
10.08 Vehicle and Traffic Rules
10.12 Stopping, Standing and Parking
10.12.110 Parking on public streets
10.12.120 Parking prohibited during snow emergency
10.16 Parking Meters
10.20 Impounding of Vehicles
10.24 Helmets

Chapter 10.04: GENERAL PROVISIONS

10.04.010 Definitions.

The following words and phrases when used in this chapter shall for the purpose of this chapter, have the meanings respectively ascribed to them in this section, except as hereinafter specifically provided:

"Authorized emergency vehicles" means vehicles of the fire department, police vehicles, ambulances and other emergency vehicles as are designated by the chief of police.
"Commercial motor vehicles" means all motor vehicles, including semi-trailers and trailers, designated or used for carrying freight or merchandise in the furtherance of any commercial enterprise.
"Crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface of that portion of a street ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections.
"Intersection" means the area embraced within the prolongation or connection of the lateral curb lines, or if none, the lateral boundary lines of the roadways of two streets which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different streets joining at any other angle may come in conflict.
"Motorcycle" means every motor vehicle having a saddle for the use of the rider and designated to travel on not more than three wheels in contact with the ground but excluding a tractor.
"Motor vehicle" means every vehicle which is self-propelled except vehicles operated exclusively upon rails.
"Owner" includes any person owning a vehicle or having the exclusive use thereof under contract of purchase, lease, hiring or rental thereof, or otherwise.
"Operator" means every person who is in actual control of a vehicle upon a street.
"Policeman" or "police officer" means every officer authorized to direct or regulate traffic, or to make arrests for violations of any of the provisions of this chapter.
"Private road or driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
"Right-of-way" means the privilege of the immediate use of the highway.
"Roadway" means that portion of a street improved, designated or ordinarily used for vehicular travel.
"Sidewalk" means that portion of a street between the curb lines, or the lateral lines, of a roadway, and the adjacent property intended for the use of pedestrians.
"Street" includes all avenues, roads, highways, public thoroughfares, lanes, alleys and public ways within the town.
"Through street" means every street or portion thereof at the entrances to which vehicular traffic from intersecting streets is required to stop and yield the right-of-way before entering or crossing the same and when stop signs are erected as provided in this title.
"Traffic" means pedestrians, ridden or herded animals, vehicles, and other conveyances either singly or together while using any street for purposes of travel.
"Vehicles" means every device in, upon or by which any person or property is or may be transported or drawn upon a street, except devices used exclusively upon stationary rails or tracks. (Prior code Art. VII § 1)

10.04.020 Applicability of chapter to persons riding bicycles or animals or driving animal-drawn vehicles.

Every person riding a bicycle or an animal or driving any animal drawing a vehicle upon a roadway shall be subject to the provisions of this chapter pertaining to rules of the road and obedience to traffic-control devices and signals as may be applicable to the driver of a motor vehicle, except such as by their nature can have no application. (Prior code Art. VII § 5)

Chapter 10.08: VEHICLE AND TRAFFIC RULES

10.08.010 Driving on narrow streets.

Whenever any vehicle shall have entered any street in the city where there is not sufficient room for two vehicles to pass, no other vehicle shall enter the street in the opposite direction, but shall remain in the adjacent highway until the first shall have passed through. (Prior code Art. VII § 7)

10.08.020 Climbing aboard, etc., vehicles.

No person shall trespass, jump, cling or climb upon any passenger car or motor vehicle, or disturb the employees, passengers or occupants thereof. (Prior code Art. VII § 12)

Chapter 10.12: STOPPING, STANDING AND PARKING

10.12.010 Parking near fire hydrants, intersections, etc.

No vehicles shall be allowed to park or stand within fifteen (15) feet of any fire hydrant, on or within twenty (20) feet of any street intersection, on that portion of any street where bus stops or taxi stops have been granted to any person, or during business hours on that portion of any street where special parking privileges have been granted or reserved by the town for the use of its officers and employees. (Ord. 95-20 § 1: prior code Art. VII § 23(a))

10.12.020 Restraining of vehicles.

Any vehicle which has three or more outstanding parking tickets issued to it by the police department and that are delinquent in payment may be rendered immobile by the police department. A wheel lock restraining device will be placed on a front wheel of the vehicle in violation by a member of the police department. The wheel lock device will be removed by a police officer only when (1) fines are paid for all outstanding parking tickets issued to that vehicle; and (2) a fee of twenty dollars ($20.00) to removal of the restraining device is also paid. (Ord. 83-D § 1 (32): prior code Art. VIII § 32)

10.12.030 Special parking.

The town may grant special parking permits to all doctors of medicine, surgeons, persons conducting hotels and such other persons in connection with the operation of their business as the board of commissioners shall think proper. All persons desiring special parking permits shall make application to the board of commissioners, in writing, describing the location of the premises and the purpose for which the special parking privilege is desired.
Each application shall be accompanied by a check in the sum of ten dollars ($10.00), to provide for a space sufficient for one vehicle, payable to the town as a fee for such privilege for a period of one year from the date of issuance of the special parking permit.
Whenever any such special privilege is granted by the board of commissioners, a permit shall be issued to the applicant, signed by the mayor, designating the name of the person to whom the permit is granted, the number of the permit, the date of the issuance thereof, the date when the permit will expire, the amount paid thereon, the purpose for which it is granted and the location of the premises where the special permit is allowed. A copy of such permit shall be retained in the office of the mayor as a matter of record.
The curb along the premises where the special parking privilege is granted shall be appropriately marked by the town indicating the length of the space of the special parking privilege along the property, and a metal tag shall be affixed to the premises where the permit is issued, showing the number of the special parking permit.
Permits issued to doctors of medicine, surgeons and others shall authorize the use of the space indicated in the permit at all times during the business hours of the person to whom the permit is granted, except when the town may desire to clear the streets of vehicles.
It is unlawful for any person to occupy any space where a special parking permit has been granted, other than the person to whom the permit is issued, or his patients or patrons, during such business hours. It is unlawful for any person to paint any special parking signs on the curb or highway, or erect or place any such signs along the sidewalks, except with the consent of the board of commissioners. It is unlawful for any person to injure or remove any metal special parking permit attached to any building without the consent of the town or to paint over or deface any marked special parking space. (Prior code Art. VII § 23(b))

10.12.040 No-parking areas.

The town may establish restricted areas on such portions of the streets of the town as it shall think proper, within which no parking of motor vehicles, animal-drawn vehicles or animals shall be allowed. Every such area shall be designated by painting the curb bordering thereon yellow. No vehicles, animal-drawn vehicles or animals shall be allowed to stand or park in any such restricted area for a longer time than actually necessary to take on or discharge passengers. No other signals or standards designating areas where parking is not allowed shall be erected without the express authority of the board of commissioners. (Prior code Art. VII § 23(c))

10.12.050 Angular parking.

The town may establish angular parking areas where persons may park vehicles, on such portions of the streets as they shall think proper.
All such angular parking areas shall be designated by white lines painted on the driveways in such areas. All persons desiring to use such angular areas for parking motor vehicles shall park such vehicles between the white lines painted thereon and parallel with such lines, and it is unlawful to park or stand any vehicle otherwise in any such designated areas.
It is unlawful for any person to paint any white lines on any of the streets indicating that angular parking is allowed thereon without authority from the board of commissioners. (Prior code Art. VII § 23(d))

10.12.060 Parallel parking.

All motor and animal-driven vehicles when standing on any of the streets of the town shall be parked with their right sides to the curb, lengthwise with and parallel to the side of the street in which they may be, and the wheels of any such vehicle next to the sidewalk shall not project in the street for a distance of more than twelve (12) inches from the curb.
It is unlawful to stand any such vehicle across any street in the town, or in any other position except lengthwise with and parallel to the side of the street in which it may be; provided, that any such vehicle, during the time of loading or unloading, in the daytime may stand in a position convenient therefor.
This section shall not apply to vehicles parked on certain portions of designated streets at an angle with the curb, nor shall it apply to parking on one-way streets. (Prior code Art. VII § 23(e))

10.12.070 Obstructing thoroughfares.

It is unlawful to obstruct any part of any street, highway, crosswalk, sidewalk, or driveway within the town. (Ord. 87-7 § 1: prior code Art. VII § 23(f))

10.12.080 Double parking.

Double parking of passenger cars is declared to be unlawful. Double parking of commercial vehicles is permitted only where there is no available parking space at the curb in the immediate neighborhood, and then only for the purpose of loading or unloading and while in action, and while so engaged all such vehicles shall park or stand parallel with the curb. (Prior code Art. VII § 23(g))

10.12.090 Two-hour parking.

It is unlawful for any person, except persons to whom special parking privileges have been granted or reserved, to place, stand or park any motor vehicle or other conveyance for more than two hours at any time on any of the following streets:

A. East Main Street, except where meters are installed;

B. West Main Street, except where meters are installed;

C. Federal Street or Broad Alley. (Prior code Art. VII § 23(h))

10.12.100 Parking lots.

The mayor, with the approval of the board of commissioners, may establish parking lots on any land owned or leased by the town. All such parking lots shall be marked with signs, standards, painted lines or other suitable means to notify all persons where parking is permitted and prohibited within such parking lots. Signs shall also be placed in or around such parking lots to notify all persons when and under what time limitations such parking lots may be used.
It is unlawful for any person to park in violation of such signs, standards, painting lines or other suitable means of notification. All access lanes within such parking lots shall be kept open at all times and no vehicle shall be left unattended in such position as to interfere or hinder proper use of such lanes. (Prior code Art. VII § 23(j))

10.12.110 Parking on public streets.

It is unlawful to park any vehicle of any description upon the streets of the town for a period of time of twenty-four (24) consecutive hours. (Ord. 77-5 § 1: prior code Art. VII § 23(k (part)))

10.12.120 Parking prohibited during snow emergency— Designated roads.

Definitions. As used in this section, the following terms shall have the meanings indicated:

"Snow emergency" means when Frederick County proclaims that the snow emergency plan is in effect all streets within the town of Emmitsburg's corporate limits are subject to this snow emergency plan.

Parking Prohibited. The parking of vehicles on Streets designated (by Street signs) as a snow emergency route is prohibited when the snow emergency plan is in effect, and parking of vehicles shall continue to be prohibited until the accumulation has been cleared.
Removal of Vehicles. The police are authorized and empowered to take possession of and to remove and/or issue a citation for any parked vehicles that interfere with the clearance of snow and/or issue a citation for any parked vehicles or abandoned vehicles that obstruct traffic or interfere with the clearance of snow and/or ice along streets within the corporate limits of the town at the owner's expense.
Emergency Hours. If the snow emergency plan goes into effect after six p.m., no vehicles will be towed away, and/or issued a citation until after eight a.m. of the following day. (Ord. 03-02: Ord. 99-07: Ord. 97-01: Ord. 94-1 § 1 (part): Ord. 93-2 § 1 (part): prior code Art. VII § 23(l))

10.12.130 Violations—Penalties.

Violation of any of the sections enumerated in subsection (B) of this section shall be a municipal infraction.
Fines, pursuant to a parking citation policy to be established and from time to time updated by the mayor and board of town commissioners, shall be assessed against the operators and/or owners of automobiles who violate certain provisions of Chapter 10.12.

Parking within fifteen (15) feet of a fire hydrant; every twenty-four (24) hours in violation of the section counts as a separate offense and may be fined accordingly;

Parking in restricted zone; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Failure to park between lines; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Parking in crosswalk; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Parking on sidewalk; every twenty-four (24) hours in violation of this section counts as a separate and may be fined accordingly;

Parked blocking driveway; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Parking so as to obstruct street or highway; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Overtime parking; every two hours in violation of this section counts as a separate offense and may be fined accordingly;

Parking on any street for a period of twenty-four (24) consecutive hours; every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly.

A police officer, or municipal code enforcer, upon observing a vehicle parked in violation of any of the sections of Chapter 10.12 enumerated in subsection (B) of this section, shall attach to such vehicle a citation informing the owner or operator of the violation, setting forth the amount of the fine and instructing the owner or operator of the vehicle to pay the fine at the town hall within twenty (20) days from the issuance of the citation or to notify the town clerk within fifteen (15) days from the issuance of the citation of his or her intent to stand trial for the infraction.
Amounts of fines according to the parking citation policy:

Parking during a snow emergency in violation of Section 10.12.120. (Ord. 99-01-A; Ord. 99-01; Ord. 96-13: Ord. 94-1 § 1 (part): Ord. 93-2 § 1 (part): Ord. 92-3 § 1 (part): Ord. 87-7 § 3 (part): prior code Art. VII § 23(k (part)))

Chapter 10.16: PARKING METERS

10.16.010 Authority of mayor.

The mayor is directed to provide for the installation, regulation, control, operation and use of the parking meters provided for in this chapter and to maintain such meters in good and workable condition. (Prior code Art. VII § 23(i)(1))

10.16.020 Installation and function of meters.

The parking meters installed in the parking meter zones established as provided in Section 10.16.140 of this Code, shall be placed upon the curb immediately adjacent to the individual parking places. Each parking meter shall be placed or set in such manner as to show or display by a signal that the parking space adjacent to such meter is or is not legally in use. Each parking meter installed shall indicate by a proper legend the legal parking time established by the town, and when operated shall indicate on and by its dial and pointer the duration of the period of legal parking, and on the expiration of such period shall indicate illegal or overtime parking. (Prior code Art. VII § 23(i)(2))

10.16.030 Designation of parking spaces—Parking within lines required.

The mayor shall have lines or markings painting or placed upon the curb or upon the street adjacent to each parking meter for the purpose of designating the parking space for which such meter is to be used and each vehicle parked adjacent or next to any parking meter shall park within the lines or markings so established. It is unlawful to park any vehicle across any such line or marking or to park such vehicle in such position that the same shall not be entirely within the area so designated by such lines or markings. (Prior code Art. VII § 23(i)(3))

10.16.040 Parallel and diagonal zones.

When a parking space within any parking meter zone is parallel with the adjacent curb or sidewalk, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter. When a parking space in any parking meter zone is diagonal to the curb or sidewalk, any vehicle parked in such parking space shall be parked with the foremost part of such vehicle nearest to such meter. (Prior code Art. VII § 23(i)(4))

10.16.050 Operation of meters.

The parking meter spaces established by this chapter may be used by those desiring to occupy the same with vehicles during the hours and on the days specified in Section 10.16.130 of this Code by the payment of the following amounts for the use of each space for the following periods of time.
When any vehicle shall be parked in any parking meter space, the operator thereof shall upon entering the same deposit or cause to be deposited the required coins as indicated on the meter. Instructions are printed on each meter. If such vehicle shall remain parked in any such parking space beyond the period of time paid for by the operator, as indicated on the meter, the parking meter shall indicate such illegal parking and in that event such vehicle shall be considered as parked overtime and beyond the period of legal parking time in violation of the provisions of this chapter.
Each parking meter shall be so set as to display a signal showing legal parking upon the deposit of the required coins as indicated on the meter, and each meter shall by its device and pointer clearly set out the period of time allowed upon the deposit of such coins, and after being started it shall continue in operation from the time of depositing one of such coins until the expiration of the time paid for by the parker (Ord.02-04 (part): Prior code Art. VII § 23(i)(5))

10.16.060 Overtime parking.

It is unlawful to allow or permit any vehicle to be parked overtime in any parking meter zone, by the owner in whose name it is registered or by the operator thereof, or by any other person. (Prior code Art. VII § 23(i)(6))

10.16.070 Parking adjacent to meter displaying expired time signal.

It is unlawful to permit any vehicle to remain in any parking space while the meter therein is displaying a signal indicating that the vehicle therein has been parked beyond the period of time paid for by the operator. (Prior code Art. VII § 23(i)(7))

10.16.080 Tampering, etc., with meters prohibited.

It is unlawful for any person to deface, injure, tamper with, open or wilfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this chapter. (Prior code Art. VII § 23(i)(8))

10.16.090 Use of slugs, etc.

It is unlawful to deposit or cause to be deposited in any parking meter, any slug, device or metallic substance, or any other substitute for a coin of the United States. (Prior code Art. VII § 23(i)(9))

10.16.100 Use of zones by commercial vehicles.

Delivery trucks or commercial vehicles may park in the parking zones when vacant to load or unload merchandise, without depositing coins for a period not exceeding fifteen (15) minutes. (Prior code Art. VII § 23(i)(10))

10.16.110 Duty of police in case of overtime parking.

It shall be the duty of police officers of the town, acting in accordance with instructions issued by the mayor, to report:

The number of each parking meter that the vehicle occupying the parking space adjacent to is or has been parking in violation of any of the provisions of this chapter;

The state license number of such vehicle;

Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.

Each such police officer shall also attach to such vehicle a notice to the owner or operator thereof that such vehicle has been parked in violation of a provision of this chapter, and instructing such owner or operator to report at police headquarters in the town, in regard to such violation. (Ord. 87-7 § 2: prior code Art. VII § 23(i)(11))

10.16.120 Use of coins deposited.

The coins required to be deposited in parking meters as provided in this chapter are levied and assessed as fees to provide for the proper regulation and control of traffic upon the public streets, and also the cost of supervision and regulating the parking of vehicles in the parking meter zones created, and to cover the cost of the purchase, supervision, protection, inspection, installation, operation, maintenance, control and use of the parking meters described therein. (Prior code Art. VII § 23(1)(12))

10.16.130 Hours spaces may be used.

The parking meter spaces established by this chapter may be used by those desiring to occupy the same with vehicles between the hours of nine a.m. to six p.m. on Monday, Tuesday, Wednesday, Thursday, Friday and Saturday, with Sundays, community day and holidays excluded, by the payment of the fee herein provided for. (Ord. 07-13 prior code Art. VII § 23(i)(13))

10.16.140 Designation of zones.

Parking meter zones are established on the following streets: Center Square, East and West Main Street (both sides) between Broad Alley or Federal Avenue and on the east to Welty's Store on the west. (Prior code Art. VII § 23(i)(14))

10.16.150 Violations—Penalties.

Violation of any of the sections enumerated in subsection (B) of this section shall be a municipal infraction.
The following fines shall be assessed against the operators and/or owners of automobiles who violate certain provisions of this chapter as follows:

Failure to park between lines in violation of Section 10.16.030: ten dollars ($10.00); every twenty-four (24) hours in violation of this section counts as a separate offense and may be fined accordingly;

Overtime parking in violation of Section 10.16.090: according to the parking citation policy; every two hours in violation of this section counts as a separate offense and may be fined accordingly.

In the event that any fines set forth in subsection (B) of this section shall not be paid within twenty (20) days from the date a citation is issued, the amount of the fine shall be increased to the following amount:

Failure to park between lines in violation of Section 10.16.030: according to the parking citation policy;

Overtime parking in violation of Section 10.16.030: according to the parking citation policy. (Ord. 96-14: Ord. 93-2 § 1 (part); Ord. 92-3 § 1 (part); Ord. 87-7 § 3 (part): prior code Art. VII § 23(k (part)))

Chapter 10.20: IMPOUNDING OF VEHICLES

10.20.010 Authorization.

When any vehicle is found parked or moving at any time on any street in the town against which there are three or more unsatisfied or unpaid summonses, citations for parking violations, or any other legal processes, and when at least thirty (30) days have elapsed since the issuance of the third unsatisfied summons, citation for parking violations or any other legal process, the Emmitsburg department of police, or any person, official, or enforcement officer assigned to enforce this chapter, is authorized and empowered to remove or cause to be removed said vehicle, either by towing, conveying, or in any other manner, and impound same in a place designated by the mayor or chief of police, or as may be set forth in other provisions of this chapter. (Ord. 89-1 § 1(A): prior code Art. VII § 31(A))

10.20.020 Responsibility of owner.

The registered owner of a vehicle having against it three or more violations as set forth herein shall be presumed to be the driver and owner of the vehicle at the time the summons, citation for parking violation or any other legal process was issued and shall be severally responsible for the offenses and the costs of the impoundment, except where the use of the vehicle was obtained by the operator without the owner's consent. (Ord. 89-1 § 1(B): prior code Art. VII § 31(B))

10.20.030 Notice.

Whenever a vehicle has been impounded pursuant to the provisions of this chapter, notice of the removal and storage of said vehicle shall be mailed within twenty-four (24) hours by registered or certified mail to the last registered owner of the vehicle and each secured party as shown on the records of the Motor Vehicle Administration. The notice shall contain at least the following information:

A complete description of the vehicle, including the year, make, model, and vehicle identification number;
A statement that the vehicle has been impounded pursuant to the provisions of this chapter and the exact location of the facility where the vehicle is held;
Notice that the owner or secured party may recover his vehicle within thirty (30) days from the date of the notice, upon payment of all fines, penalties and charges of towing, preservation and storage resulting from the impoundment of the vehicle;
Notice that the failure of the owner or secured party to exercise his right in the time provided shall be considered a waiver of all right, title and interest in the vehicle, and be considered a consent to the sale of the vehicle at public auction. (Ord. 89-1 § 1(C): prior code Art. VII § 31(C))

10.20.040 Release of impounded vehicles prior to hearing or trial.

Vehicles impounded pursuant to this chapter will be released to their lawful owner (or person entitled to possession) upon a showing of adequate evidence of a right to its possession and upon payment of all accrued fines and costs for each outstanding unsatisfied summons, citation for parking violation, or any other legal processes outstanding against said vehicle, or the depositing of same pending the outcome of said hearing and trial in the District Court of Maryland on the outstanding citations and charges. In addition thereto, the charges for impounding, as set forth herein, shall be paid or deposited prior to said hearing. (Ord. 89-1 § 1(D): prior code Art. VII § 31(D))

10.20.050 Hearing rights.

Time. The owner shall have a right to contest the impoundment of the vehicle by requesting a hearing. The request for hearing shall be granted within forty-eight (48) hours, excluding Sunday and holidays, from the time the owner files the application for hearing before the hearing officer.
Hearing Officer.

The hearing shall be held before a hearing officer consisting of the following: mayor, one of the commissioners, police department representative or town clerk.

Procedure.

The hearing shall be held in an informal manner. The findings of the hearing officer shall be in writing. A copy of same shall be furnished to the owner as prescribed by the department of police procedure.

If it is determined by the hearing officer that the vehicle should not have been impounded, the owner shall not be required to pay the towing, storage and preservation charges provided for under this chapter to secure the release of said vehicle. If the charges were paid prior to the hearing, a refund shall be made to the owner who paid said charges in order to have the vehicle released.

The decision of the hearing officer shall not have any effect or be considered a determination of the outstanding unsatisfied summonses, citations or any other legal processes against the vehicle impounded.

The owner is and shall be entitled to a hearing in the district court on said charges. (Ord. 89-1 § 1(E): prior code Art. VII § 31(E))

10.20.060 Refund of charges upon not guilty verdict.

If, following a trial in the District Court of Maryland or other tribunal, a not guilty verdict is entered upon any of the violations charged against the stored vehicle, notwithstanding the ruling of the hearing officer with respect to the impounding of the vehicle, all charges advanced as having accrued upon the vehicle by virtue of its impounding, including the collateral advanced for the violations upon which a not guilty verdict was entered, shall be returned to the person who advanced such sums upon presentation of the official receipt issued at the time said vehicle was released.
It is further provided that if, as a result of the court's decision, the number of violations charged against the vehicle previously impounded is reduced to two or less, and provided no refund has previously been made, all fees and charges shall be returned to the person who advance such fees, upon presentation of the official receipt issued at the time said vehicle was released. (Ord. 89-1 § 1(F): prior code Art. VII § 31(F))

10.20.070 Sale of unclaimed vehicles.

Whenever any vehicle impounded, pursuant to the provisions of this chapter, shall remain unclaimed by the owner, or other person legally entitled to possession thereof for a period of thirty (30) days from the date of a notice to the owner was mailed as set forth herein, the town shall sell such vehicle at public auction in accordance with the provisions of Title 25 of the Transportation Article of the Annotated Code of Maryland.
The proceeds of the sale shall be applied in the following order:

Payment of expenses of giving notice and advertising and holding the same, including reasonable attorney's fees;

All storage, towing and preservation charges;

All fines and administrative charges outstanding against the owner of the vehicle impounded under this chapter;

The balance, if not claimed within ninety (90) days from the date of the sale by the owner or secured party, to the treasury of the town. (Ord. 89-1 § 1(G): prior code Art. VII § 31(G))

Chapter 10.24 HELMETS

10.24.010 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

"Bicycle" shall have that meaning as defined for the term "bicycle" in title 11 of the transportation article of the Annotated Code of Maryland and any subsequent amendments thereto.

"Roller skate"--Any device worn on or attached to feet and which has two or more wheels attached for the purpose of gliding or rolling on a floor, sidewalk or other ground surface. "Roller skate" includes those devices commonly known as "roller skates," "roller blades," and "in-line skates."

"Scooter"--Any wheeled, non-motorized device, similar in nature to a skateboard, which includes in its construction a vertical bar and handles which are used by the rider or operator for purposes of control and/or support.

"Skateboard"--A short oblong board having two or more wheels at each end which is intended to be ridden.
(Ord. 09-08, § I)

10.24.020 Helmets required.

A person may not operate, use or ride upon as an operator or a passenger, a bicycle, skate board, scooter or roller skates within the corporate limits of the town of Emmitsburg unless the person is wearing a helmet which meets or exceeds the standards of the American National Standards Institute, the Snell Memorial Foundation's standard, or the standards of the American Society of Testing and Measurements for protective headgear for use in bicycling.
(Ord. 09-08, § I)

10.24.030 Violations and penalties.

A violation of the requirements of this chapter shall be a municipal infraction. For a first violation, the offender shall be issued a warning advising the offender of the requirements of this chapter. For a second and each subsequent offense, an individual violating this chapter shall be fined twenty-five dollars ($25.00).
(Ord. 09-08, § I)

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