§ 21-507

Maryland § 21-507

• Jurisdiction: Maryland
• Article gtr: Transportation
• Title: 21

Text

(a) Except for the occupant of a disabled vehicle who seeks the aid of another vehicle, a person may not stand in a roadway to solicit a ride, employment, or business from the occupant of any vehicle.

(b) A person may not stand on or near a highway to solicit any other person to watch or guard any vehicle while it is parked or about to be parked on a highway.

(c) In Calvert County, Carroll County, Charles County, Harford County, and Washington County, a person may not stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle.

(d) (1) This subsection applies to Prince George’s County.

(2) (i) A person may not stand in a highway to solicit money or donations of any kind from the occupant of a vehicle.

(ii) An adult may not cause, encourage, allow, or petition a child under the age of 15 years to violate subparagraph (i) of this paragraph.

(iii) In this paragraph, “highway” includes:

1. Rights–of–way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

2. Any other property acquired for the construction, operation, or use of the highway.

(3) A child under the age of 15 years may not be found guilty or adjudicated delinquent for a violation of paragraph (2)(i) of this subsection if an adult caused, encouraged, allowed, or petitioned the child in violation of paragraph (2)(ii) of this subsection.

(4) This subsection shall be enforced:

(i) By the issuance of a warning that informs the offender of the requirements of this subsection if it is the offender’s first violation; and

(ii) Under § 27–101 of this article if it is the offender’s second or subsequent violation.

(e) (1) This subsection applies to Anne Arundel County.

(2) (i) A person may not stand in a highway to:

1. Solicit money or donations of any kind from the occupant of a vehicle; or

2. Advertise any message.

(ii) “Highway” includes:

1. Rights–of–way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

2. Any other property acquired for the construction, operation, or use of the highway.

(f) (1) This subsection applies only to Allegany County and Cecil County.

(2) In this subsection, “qualified organization” means a fire company or bona fide religious, fraternal, civic, war veterans’, or charitable organization.

(3) Except as provided in paragraph (4) of this subsection, a person may not:

(i) Stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle; or

(ii) Cause, encourage, allow, or petition another to stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle.

(4) (i) The governing body of a county or the governing body of a municipal corporation in a county may, by appropriate resolution or ordinance, enact a permit program to allow individuals who are at least 18 years old and representatives of qualified organizations who are at least 18 years old to solicit money or donations from the occupant of a vehicle by standing in a roadway, median divider, or intersection in the county or municipal corporation.

(ii) If the governing body of a county or of a municipal corporation in the county enacts a resolution or ordinance establishing a permit program authorized by this paragraph, the resolution or ordinance shall:

1. Require an applicant for a permit to submit proof that the individual or qualified organization has a plan for safely soliciting money or donations from the proposed location;

2. Provide that a permit is effective for:

A. A period of 1 calendar day in Cecil County; or

B. A period not to exceed 5 calendar days in Allegany County; and

3. Allow an individual or a qualified organization to obtain only one permit in the county or municipal corporation per calendar year.

(g) (1) This subsection applies only in Montgomery County.

(2) (i) A child under the age of 18 years may not stand in a roadway, median divider, or intersection to solicit or collect money or donations of any kind from the occupant of a vehicle.

(ii) This paragraph shall be enforced by the issuance of a warning that informs the offender of the requirements of this paragraph.

(3) (i) The Montgomery County Council may enact a local law to require a person to obtain a permit before the person may stand in a roadway or median divider or on a sidewalk adjacent to a roadway to solicit and collect money or donations of any kind from the occupant of a vehicle.

(ii) If a permit is required under a local law enacted under subparagraph (i) of this paragraph, except in compliance with a permit obtained in accordance with the local law, a person may not:

1. Stand in a roadway, median divider, or intersection, or on a sidewalk adjacent to a roadway, to solicit or collect money or donations of any kind from the occupant of a vehicle; or

2. Cause, encourage, allow, or petition a person to stand in a roadway, median divider, or intersection, or on a sidewalk adjacent to a roadway, to solicit or collect money or donations of any kind from the occupant of a vehicle.

(iii) A local law enacted under this section may not authorize a permit to be issued to a minor for the purpose of standing in a roadway or median divider to solicit or collect money or donations of any kind from the occupant of a vehicle.

(iv) A permit issued under a local law enacted under this section shall apply to the solicitation and collection of money or donations on roadways, median dividers, and sidewalks adjacent to roadways and may not limit the authorization to fewer than all three of those locations.

(h) (1) The County Council of Baltimore County or the governing body of a municipal corporation in Baltimore County, by appropriate resolution or ordinance, may enact a permit program to allow a person to stand in a roadway, median divider, or intersection to solicit money or donations from the occupant of a vehicle.

(2) At least 15 days before the date on which the permit applied for is to be effective, an applicant shall file with the county or municipal corporation an application that contains the following information:

(i) The name, address, and age of each person who will solicit;

(ii) The name and address of the employing or sponsoring person, agency, or entity;

(iii) The exact location where each solicitor will be assigned;

(iv) The purpose of the solicitation;

(v) The time frame and duration of the solicitation;

(vi) The means of travel to and from the place of solicitation; and

(vii) The name, address, and telephone number of a contact person who will be able to provide additional information to the county or municipal corporation or its designee.

(3) The county or municipal corporation shall examine each application and make any further investigation as deemed necessary in order to determine the truth of the statements made on the application.

(4) The county or municipal corporation shall deny the permit if it determines that:

(i) Any statement made on the application is untrue; or

(ii) The location or method of the solicitation or its duration are such that it will be harmful to the health, safety, convenience, or welfare of the general public.

(5) A permit issued under this subsection shall contain:

(i) The name and address of the person making the solicitation;

(ii) The date and time at which the person may solicit; and

(iii) A statement that the permit does not constitute an endorsement by the county or municipal corporation of the solicitation or the person conducting the solicitation.

(6) A permit shall be signed by the appropriate county or municipal officer.

(7) The term of a permit may not exceed 24 hours.

(8) No more than 12 permits may be issued to the same person in a calendar year.

(9) The county or municipal corporation shall send a copy of each permit issued by the county or municipal corporation to the police department of the county or municipal corporation.

(10) A person to whom a permit is issued shall conspicuously display the permit while soliciting.

(i) In Howard County, a person may not stand in a State highway or the highway right–of–way to solicit money or donations of any kind from the occupant of a vehicle.

(j) (1) This subsection applies only in Frederick County.

(2) Except as provided in paragraph (3) of this subsection, a person may not stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle.

(3) The county or a municipal corporation in the county may by ordinance enact a permit program to allow a person to stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle if the solicitation occurs completely in the county or municipal corporation.

(4) If the county or a municipal corporation enacts an ordinance establishing a permit program, the ordinance shall require a person seeking a permit to file an application containing the following information:

(i) The date, time, and location of the solicitation;

(ii) The manner and conditions under which the solicitation is to occur; and

(iii) The name, address, and telephone number of a contact person of the employing or sponsoring person, agency, or entity on whose behalf the solicitation is to be made, who will be able to provide additional information to the county, municipal corporation, or the designee of the county or municipal corporation.

(5) The county or municipal corporation:

(i) Within 5 days after the application is filed, shall approve or deny the application; and

(ii) May impose conditions on the solicitation.

(k) A pedestrian may not catch or attempt to catch fish by any means on or under the Maryland Route 18 Kent Island Drawbridge over the Kent Narrows in Queen Anne’s County.