Baltimore City Council
File #: 08-0245    Version: 0 Name: Mass Transit Vehicles - Obsolete Provisions
Type: Ordinance Status: Enacted
File created: 12/4/2008 In control: City Council
On agenda: Final action: 3/20/2009
Enactment #: 09-142
Title: Mass Transit Vehicles - Obsolete Provisions FOR the purpose of repealing obsolete or otherwise unnecessary provisions that duplicate prohibitions imposed by State law.
Sponsors: James B. Kraft, Bill Henry, Robert Curran
Indexes: Fines, Mass Transit, Repeal, Vehicles
Attachments: 1. 08-0245 - 1st Reader.pdf, 2. Finance - 08-0245.pdf, 3. Law - 08-0245.pdf, 4. Police - 08-0245.pdf, 5. 08-0245 - 3rd Reader.pdf

EXPLANATION: CAPITALS indicate matter added to existing law.

[Brackets] indicate matter deleted from existing law.

 

                     * WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.

                     THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.

                     INTRODUCTORY*                     

 

                     CITY OF BALTIMORE

                     COUNCIL BILL          

                                                                                                                                                           

Introduced by:  Councilmember Kraft                                                                                              

 

                     A BILL ENTITLED

 

AN ORDINANCE concerning

Title

Mass Transit Vehicles - Obsolete Provisions

 

FOR the purpose of repealing obsolete or otherwise unnecessary provisions that duplicate prohibitions imposed by State law.

Body

BY repealing

   Article 19 - Police Ordinances

   Section(s) 29-1, 29-3, and 29-5

   Baltimore City Code

   (Edition 2000)

 

   SECTION 1.  BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:

 

                     Baltimore City Code

 

                     Article 19.  Police Ordinances

 

                     Subtitle 29.  Mass Transit Vehicles

 

[§ 291.  Eating and drinking.

 

   (a)  Prohibited conduct.

 

It shall be unlawful for any person to consume food or drink aboard a public passenger motor bus.

 

   (b)  Penalties.

 

Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding $50 for each and every such violation.]

 

 

[§ 293.  Radios and other electronics.

 

   (a)  Prohibited conduct.

 

It is unlawful for any person who is a passenger or rider upon any public passenger motor bus, streetcar, or other mass transit vehicle to operate and to make audible sounds with any radio, transistor radio, or other electronic equipment or device.

 

   (b)  Penalties.

 

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine not exceeding $10 for each such violation.]

 

[§ 295.  Priority seats for elderly and disabled.

 

(a)  Definitions.

 

      (1)  In general.

 

As used in this subtitle the following words have the meanings indicated unless the context indicates otherwise.

 

      (2)  Elderly or handicapped person.

 

“Elderly and handicapped person” means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability is unable to utilize mass transit facilities and services as effectively as a person who is not so affected.

 

      (3)  Mass transit facility.

 

“Mass transit facility” means any public passenger motor bus, streetcar, subway, or other mass transit facility operated either by the Mass Transit Administration, which is in the Department of Transportation of the State of Maryland, or by any other publicly or privately owned entity.

 

      (4)  Police officer.

 

“Police officer” means any person who, in his or her official capacity, is authorized by law to make arrests and who is a member of 1 of the following law enforcement agencies:

 

(i)                     the Maryland State Police;

 

(ii)                     the Baltimore City Police Department; or

 

(iii) the Mass Transit Administration Police Force of the Department of Transportation.

 

      (5)  Priority seating.

 

“Priority seating” means any seat that is designated for use by elderly or handicapped persons.

 

   (b)  Notice of priority seating.

 

Priority seats shall be posted with a notice informing passengers that elderly and handicapped persons have a right to the priority seat.

 

   (c)  Failure to relinquish seat prohibited.

 

A passenger shall not refuse a request of a mass transit facility operator or police officer to relinquish a priority seat to a handicapped or elderly person displaying a senior citizen or handicapped card issued by the Mass Transit Administration when said handicapped or elderly person requests a priority seat.

 

   (d)  Penalties.

 

Any person who violates the provisions of this section shall be guilty of misdemeanor and, upon conviction, shall be subject to a fine not exceeding $50 for each violation.]

 

   SECTION 2.  AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.

 

   SECTION 3.  AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.

 

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