Pavement Protection

Baltimore City Code art. 26, subtit. 16

in effect

Baltimore City Code, Article 26, § 16-1 In general.

§ 16-1. In general. (a) Prohibited conduct. It shall be unlawful to cut, break, dig down, injure, or destroy any abutment, bank, mound, or other public work or structure erected, constructed, or maintained by or under the orders of the Director of Transportation. (b) Exception. This section shall not be construed to apply to any case covered by § 16-2 of this subtitle. (c) Penalties. Every person violating the provisions of this section shall be subject to a penalty not exceeding $200 and, moreover, shall be liable to pay the expenses of repairing and restoring the work or structure. (Ord. 15-435; Ord. 76-139; Ord. 13-237; Ord. 50-1394.)

Baltimore City Code, Article 26, § 16-2 Riding on closed streets.

§ 16-2. Riding on closed streets. Any person or persons who rides or drives upon any new pavement or new repairs of streets constructed or being constructed by or under the State Roads Commission, the Director of Transportation, or any other official or body representing the City of Baltimore, or by any contractor employed by any such official or body, before the street is open for traffic, and any person or persons who removes any light or guards set up by or under the authority of the Commission, Department, other official or body, or contractor, for the purpose of closing a street or part of a street to traffic, is subject to a fine of not less than $5, nor more than $100, and is liable for the expense of repairing the injury done. (Ord. 15-435; Ord. 76-139; Ord. 13-237.)

Baltimore City Code, Article 26, § 16-3 Concrete; oil products; weight on asphalt.

§ 16-3. Concrete; oil products; weight on asphalt. (a) Mixing mortar, etc. It is unlawful for any person, firm, or corporation to mix mortar, cement, or concrete, or to cause mortar, cement, or concrete to be mixed, on any type of pavement on any street, lane, or alley in the City unless the pavement is protected by a tight platform or mixing box constructed to the satisfaction of the Director of Transportation and in accordance with the Baltimore City Building Code. (b) Spilling oil products. Nor shall it be lawful for any person, firm, or corporation to cause or permit gasoline, kerosene, fuel oil, naphtha, benzine, or any other oil or lubricating or illuminating fluid to fall, flow, or drip on any type of pavement on any street, lane, or alley in the City. (c) Weight-bearing devices on asphalt. Nor shall it be lawful to place any stick, trestle, or other supporting device bearing any weight whatsoever, for any purpose, upon any sheet asphalt or other bituminous pavement on any street, lane, or alley in the City, unless the said stick, trestle, or other supporting device shall have a flat base resting upon the pavement of not less than 12 inches square. (d) Penalties. Under a penalty not exceeding $25 for each violation of any provision of this section. (Ord. 17-068; Ord. 15-435; Ord. 76-139; Ord. 50-1287; Ord. 16-192; Ord. 1898-091.)

Baltimore City Code, Article 26, § 16-4 Heavy equipment.

§ 16-4. Heavy equipment. (a) Permit required. It is unlawful to move, under its own power or otherwise, over any of the public highways of Baltimore City, any traction engine, tractor, roller, shovel, or other heavy equipment or structure whose movement over the highway may, in the judgment of the Director of Transportation, injure the highway, or the surface, foundation, or other part thereof, including but not limited to bridges and utility structures in and along the highway, without a permit therefor from the Director of Transportation. (b) Issuance; bond. The Director of Transportation is authorized to issue this permit upon such reasonable terms and conditions, including an indemnity bond with corporate surety, as, in the Director’s judgment, the public interest or safety requires. (c) Exceptions. The provisions of this section shall not apply to the operation of railroads, street railways, or other carriers of passengers for hire. (d) Penalties. Any person, firm, or corporation violating this section shall be subject to a penalty of not less than $25 nor more than $100 for each such offense; and, in addition thereto, shall be responsible for any and all injuries and damages caused by such movement, with or without permit. (Ord. 15-435; Ord. 76-139; Ord. 50-1270; Ord. 12-132.)

Baltimore City Code, Article 26, § 16-5 Penalties for failure to repair.

§ 16-5. Penalties for failure to repair. Any person or corporation: (1) upon whom the obligation may be imposed by any law or ordinance: (i) to keep in repair any part of any of the streets, lanes, or alleys within the City; or (ii) to replace and restore in proper order and condition the bed or surface of any street, lane, or alley, or any portion thereof which such person or corporation may, for any purpose, be licensed or permitted to dig up, displace, or remove; and (2) who refuses or neglects to make the repairs, replacement, or restoration within 3 days after having been notified in writing by the Director of Transportation to make the repairs, or to replace and restore in proper order and condition the bed or surface of the street, lane, or alley, shall forfeit and pay the sum of $20 for each and every case of such refusal or neglect, these fines to be collected as other fines and penalties for the violation of City ordinances are collected. (Ord. 15-435; Ord. 76-139; Ord. 1882-032.)

Baltimore City Code, Article 26, § 16-6 Work done by City.

§ 16-6. Work done by City. If any person or corporation whose duty it is to keep in repair any part of any of the streets, lanes, or alleys within the City or to replace and restore in proper order and condition the bed or surface of any street, lane, or alley that the person or corporation is licensed or permitted to dig up, displace, or remove neglects this duty after being notified in writing by the Director of Transportation, as provided in § 16-5, and if it appears to the Director that the condition of the street, lane, or alley is attended with possible danger to persons passing over or using it, the Director shall forthwith: (1) make repairs as necessary; (2) when completed, collect the cost of making the repairs from the person or corporation through whose default or neglect the repairs became necessary; and (3) for that purpose, the Director may, with the approval of the Mayor, cause suit to be instituted in the name of the Mayor and City Council of Baltimore against the person or corporation. (Ord. 15-435; Ord. 76-139; Ord. 1882-032.)

Baltimore City Code, Article 26, § 16-7 Street repairs on application.

§ 16-7. Street repairs on application. The Director of Transportation is authorized, upon the application of the owners of a majority of the front feet on any private street, lane, or alley: (1) to cause that street, lane, or alley to be thoroughly repaired and cleaned; and (2) to assess and collect from the owners of the property a tax sufficient to defray the expense of the work in the manner prescribed by law. (Ord. 15-435; Ord. 76-139; Ord. 50-1399; Ord. 1868-083.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/26/16Fetched: 10/25/2026