Baltimore City Council
File #: 08-0250    Version: 0 Name: Street Regulations - Obstructions
Type: Ordinance Status: Enacted
File created: 12/4/2008 In control: City Council
On agenda: Final action: 3/20/2009
Enactment #: 09-146
Title: Street Regulations - Obstructions FOR the purpose of consolidating certain provisions governing the obstruction of streets, lanes, sidewalks, footways, or alleys; repealing certain obsolete or otherwise unnecessary provisions; and correcting, clarifying, and conforming related language.
Sponsors: James B. Kraft, Bill Henry, Robert Curran
Indexes: Obstructing Passage, Regulation, Streets
Attachments: 1. 08-0250 - 1st Reader.pdf, 2. Finance - 08-0250.pdf, 3. Law - 08-0250.pdf, 4. Police - 08-0250.pdf, 5. 08-0250 - 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

Street Regulations - Obstructions

 

FOR the purpose of consolidating certain provisions governing the obstruction of streets, lanes, sidewalks, footways, or alleys; repealing certain obsolete or otherwise unnecessary provisions; and correcting, clarifying, and conforming related language.

Body

BY repealing

   Article 19 - Police Ordinance

   Section(s) 50-1

   Baltimore City Code

   (Edition 2000)

 

BY repealing and reordaining, with amendments

   Article 19 - Police Ordinances

   Section(s) 50-2

   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

 

                     Part 1.  Obstructions

 

[§ 501.  Boxes, etc. on street.

 

(a)  Times prohibited.

 

 

If any person or persons shall place or cause to be placed, in any street, lane, or alley in the City, any barrel, hogshead, box, crate, or other package, and shall suffer the same to remain for a longer time than 12 hours or, in any instance, after 9 p.m., every person so offending shall forfeit and pay $1, and the further sum of $1 for every day the same shall be suffered to remain.

 

   (b)  Places prohibited.

 

And in no case shall any person be permitted to use more space than ½ of the foot pavement by placing the above named articles thereupon, under a penalty of $1 for each and every offense.]

 

§ 502.  Obstructing street, etc., or gutter.

 

   (a)  Prohibited conduct.

 

Except as specifically provided in this section, no person may, in any manner, obstruct any street, lane, SIDEWALK, FOOTWAY, or alley [of] IN the City or any of their gutters.

 

   (b)  Exception [– Deliveries] FOR DELIVERIES, etc.

 

This section does not apply to someone [while] in the immediate act of delivering ITEMS TO or removing [some article to or] ITEMS from a place of business or A dwelling AS LONG AS THE ITEMS DO NOT USE MORE SPACE THAN ½  OF THE PAVEMENT.

 

   [(c)  Exception – Items requiring inspection, etc.

 

Articles that are to be inspected or guarded under law may be placed on the sidewalk, but only if they are arranged so as not to obstruct the passage through the streets or sidewalks between the pavement and any house, store, cellar, or backyard, without the consent of the owner or occupant.]

 

   (C) [(d)] Enforcement by citation.

 

(1)                     In addition to any other civil or criminal remedy or enforcement procedure, this section may be enforced by issuance of:

 

(i)                     an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or

 

(ii)                     a civil citation under City Code Article 1, Subtitle 41 {“Civil Citations”}.

 

(2)                     The issuance of a citation to enforce this section does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.

 

   (D) [(e)] Penalties.

 

(1)                     Any person who violates any provision of this section is guilty of a misdemeanor, and on conviction, is subject to the penalties specified in this subsection.

 

(2)                     On a 1st conviction, the penalty for a violation of this section is a fine of not more than $50 for each offense.

 

(3)                     On a 2nd or subsequent conviction, the penalty for a violation of this section is a fine of not more than $100 for each offense.

 

 

   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.

 

dlr08-551~intro/01Dec08

art19/boxes/aa:me

 

 

dlr08-551~intro/01Dec08

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