§ 18.207. Nontransit activity on County roads—Prohibited.

(a)

Purpose. In order to provide for the public's safety, to maintain the flow of traffic for vehicles using the County roads, to prevent congestion, to facilitate the passage of emergency vehicles, to protect pedestrians, and, generally, to preserve law and order, it is necessary to prohibit, with certain exceptions, activities unrelated to transit from being conducted on a County road.

(b)

Definitions:

(1)

County road means the paved portion of a County owned or controlled road, road right-of-way, or bridge, including the shoulder, and the median areas, regardless of whether the median areas are paved.

(2)

Patronage means support, benefaction, investment, backing, sponsorship, aid, or donations regardless of whether anything is given in return.

(3)

Nontransit activity means any activity not related to transit and includes, but is not limited to buying, selling, offering, giving of anything, and soliciting or seeking patronage, by any means or media.

(4)

Site-specific vending/operating means selling or offering to sell goods or services from a stationary location on a County road with valid licenses and permits.

(5)

Transit means traveling, crossing, conveying goods or persons, by vehicle or on foot, and includes related activities such as parking, stopping, resting, and observing.

(c)

Prohibition; Exception:

(1)

County roads are designed for transit and related activities. Except as provided in subsections (d) and (e) of this section, nontransit activities are prohibited on a County road.

(2)

A solicitor's or peddler's license issued pursuant to subtitle 7 of title 14 of the Howard County Code, does not give the holder the right to engage in a nontransit activity prohibited by this section on a County road.

(d)

Exceptions for Temporary Activities with Permit:

(1)

A person may hold a parade or other activity conducted in accordance with a permit issued under subtitle 3 of title 14 of this Code.

(2)

A person may conduct a temporary, non-transit activity in the median area of a County road for up to four days per calendar year, as follows:

(i)

At least 21 days before the date on which the activity is planned to begin, the person shall submit an application for a permit from the County specifying the location and dates for which permission for the activity is being requested;

(ii)

The application shall be signed by the person or an individual authorized to sign on the person's behalf;

(iii)

The person shall submit with the application:

a.

A permit fee of $100.00; and

b.

A statement of indemnification holding Howard County harmless against any claim of liability arising out of the activity;

(iv)

The activity shall be permitted and conducted:

a.

Only between the hours of 9:00 a.m. and sunset;

b.

Only in median areas adjacent to a road that has a posted speed limit of 45 miles per hour or less; and

c.

Without offering an inducement for motor vehicle drivers and passengers to leave their vehicles; and

d.

Only if the Department of Police determines that the activity at the location will not impede traffic or endanger the person or the public.

(e)

Exception for Site-Specific Vending/Operating With Licenses and Permits. Subject to subsection (2) below, a person may conduct site-specific vending/operating in the shoulder area on a County road as follows:

(1)

The activity shall be permitted and conducted:

(i)

Only with appropriate and valid State and local licenses and permits displayed; and

(ii)

Only between the hours of 8:00 a.m. and sunset; and

(iii)

Only on roads that have a posted speed limit of 45 miles per hour or less; and

(iv)

Only at a location in the shoulder that is at least eight feet from the edge line of the travel lane and at least 100 feet from the nearest intersections and other points of ingress or egress.

(2)

If the Department of Police or the Department of Public Works determines that a site-specific vending/operating activity at a given location impedes traffic or endangers the person or the public, then the appropriate department may order the activity to cease operating or relocate to an area deemed safe by the Department.

(f)

Penalty for Violation. Any person, firm or corporation who violates any provisions of this section is guilty of a misdemeanor, and, if convicted, shall be subject to a fine not exceeding $100.00 or imprisonment not to exceed 30 days, or both fine and imprisonment. The provisions of this subtitle shall be enforced with civil penalties under title 24, "Civil Penalties," of the Howard County Code. A violation of this section is a Class B offense.

(C.B. 4, 2004, § 2; C.B. 14, 2004)