Chapter 11.04
GENERAL PROVISIONS

Sections:

11.04.010    Owner to maintain lots—Notice—Costs.

11.04.020    Definitions.

11.04.030    Driving across sidewalks—Exceptions.

11.04.040    Limitation on use of street.

11.04.050    Handbill distribution—Regulations.

11.04.060    Placement of signs and advertisements.

11.04.070    Spilling of gasoline or oily substances on streets prohibited.

11.04.080    Depositing coal on streets.

11.04.010 Owner to maintain lots—Notice—Costs.

A.    Owners of lots abutting streets, avenues or alleys or upon public parking or other public space and which are above grade shall protect the lots so as to prevent dirt, sand or gravel or any bushes, trees or like things from falling or being washed upon the public parking in front of the lots or upon the sidewalks, streets or alleyways adjacent to the same.

B.    In case the owner of any lot described in subsection (A) of this section fails to comply with those provisions within 30 days after notice to do so shall have been given by the City Clerk, the work necessary to be done for the protection of the street, parking or other public space shall be done by the City. The cost of the work shall be a lien upon the lot, recoverable in the same manner as delinquent general City taxes.

C.    A violation of this section is a Class C offense. (Prior code § 11-1)

11.04.020 Definitions.

As used in this title:

“Double-vehicle driveway apron” means a driveway apron that is no more than 20' long at the property line where it meets the driveway.

“Driveway apron” means a concrete or bituminous concrete area designed and shaped to Public Works’ specifications and shall consist of the entire concrete or bituminous concrete area between the property line and the roadway or curbline, and it shall be used for ingress and egress of vehicles or other equipment between driveways and public roads.

“Private signs” means temporary signs placed by organizations or private individuals.

“Public signs” means signs placed by the City or other public bodies for the purpose of informing the public about laws, regulations or issues of public policy or the location of places of public interest or need (i.e., schools, hospitals, etc.).

“Single-vehicle driveway apron” means a driveway apron that is no more than 10' long at the property line where it meets the driveway. (Prior code § 11-1.1)

11.04.030 Driving across sidewalks—Exceptions.

No person except authorized City officials and employees shall drive any truck, motor car or vehicle of any description over, upon or across any public park, parkway or sidewalk parking, except upon duly authorized or constructed highways, driveways or crossings designed for vehicular use and traffic, or park any wagon, truck, motor car or vehicle of any description, or any part thereof, on any sidewalk parking. A violation of this section is a Class D offense. (Prior code § 11-2)

11.04.040 Limitation on use of street.

No part of any street shall be used for the keeping, depositing, storing, displaying or selling of vehicles of any kind. A violation of this section is a Class D offense. (Prior code § 11-3)

11.04.050 Handbill distribution—Regulations.

A.    No paper, handbills, dodgers, cards, circulars or advertising matter of any kind or samples of merchandise shall be:

1.    Thrown, pushed, cast, deposited, dropped, scattered, distributed or left in or upon any public place in the City or in or upon or from any vehicle in any of these places; or

2.    Thrown, pushed, cast, deposited, dropped, scattered, distributed or left in or upon the doorsteps of any premises in the City or within the building line, vestibule or yard of any premises if likely to be taken up by the wind and scattered in the streets.

B.    This regulation shall not prevent the delivery of newspapers, packages and addressed envelopes within the building line of any premises within the City.

C.    A violation of this section is a Class D offense. (Prior code § 11-4)

11.04.060 Placement of signs and advertisements.

A.    No private sign or advertisement shall be permitted on any real property containing a City of Takoma Park building, facility, or recreational park, unless otherwise required by Federal, State, or local law.

B.    No sign or advertisement of any sort shall be placed, built, hung or left in or upon any of the places mentioned in any public area, except those lawfully authorized under the provisions of this section.

C.    Private Signs. Private signs may be placed in public areas only in accordance with the following requirements listed in this subsection:

1.    Size of Signs. Private signs shall not exceed 26 inches in any dimension (i.e., length or width).

2.    Manner of Posting. No sign may be posted by using glue or any adhesives other than removable tape, tacks or staples.

3.    Time Limits and Authority.

a.    A private sign must have the date on which it was posted and the name of the sponsor, which shall be either a person or entity, who authorized its placement prominently displayed.

b.    Authority for the posting of private signs expires 14 days from the date of posting or after the stated date of the advertised event, whichever occurs first.

c.    The sponsor and person who posted the private sign are responsible for removing it.

4.    Limits on Placement.

a.    In accordance with Section 11.24.020, no person shall attach, place, paste or otherwise affix any sign, advertisement or other matter on any lamppost, lantern, bench, public trash receptacle, live tree or the Old Town Clock. Signs or advertisements posted or otherwise placed in these locations shall be removed immediately.

b.    Any violation of subsection (C)(4)(a) of this section which results in injury to public property will be a Class B offense.

5.    Removal of a sign or advertisement that violates any of these provisions is not a violation of this section.

D.    Public Signs. Public signs shall be kept to a minimum number necessary to ensure the public safety and to communicate needed information. Wherever feasible, multiple signs shall be posted together on the same pole. All obsolete, redundant or unauthorized signs shall be removed.

1.    To the extent practicable, public signs shall be of a consistent size and style. Judgment shall be exercised by the City Manager, generally following the “Manual of Uniform Traffic Control Devices.”

2.    The City Council designates the following community gateways at which points persons entering the City will be welcomed to Takoma Park:

a.    Southwest corner of Carroll Avenue at Garland Avenue traveling southwest;

b.    Northwest corner of East-West Highway at New Hampshire Avenue traveling west;

c.    Northeast corner of Philadelphia Avenue at Chicago Avenue traveling southeast; and

d.    Southeast and southwest corners of New Hampshire Avenue at University Boulevard traveling south.

3.    Traffic signs regulating the speed limit will be displayed at the community gateways and on other streets only where necessary to comply with State law. This provision does not apply to those areas designated as school zones in Section 13.08.010.

4.    The placement, removal and regulations of all public signs shall be the responsibility of the City Manager.

E.    A single violation of this section, unless otherwise specified herein, will lead to a warning. Multiple or repeat violations of this section will each be a Class D offense.

F.    The City may only remove signs that are not in compliance with the content-neutral time, place, and manner restrictions of this section. (Ord. 2022-11 § 1, 2022/prior code § 11-4.1)

11.04.070 Spilling of gasoline or oily substances on streets prohibited.

No person shall pour or spill or permit to drip upon the asphalt pavement of any street, alley or public place in the City any kerosene, gasoline, benzene or other similar oil or oily substance or liquid. This section shall not apply to the dripping of lubricating oil from either motor or other vehicles. A violation of this section is a Class C offense. (Prior code § 11-5)

11.04.080 Depositing coal on streets.

Coal dumped upon the public streets must be removed within one hour thereafter, and bituminous or soft coal must be made sufficiently wet to prevent blowing about before it is dumped. A violation of this section is a Class C offense. (Prior code § 11-6)