Gaithersburg council opens record on sidewalk, EV-parking ordinance after public hearing

Gaithersburg’s mayor and city council voted unanimously on May 19 to keep the public record open on a proposed amendment to Chapter 14 that would clarify when vehicles may cross and when they may park on sidewalks, and would add a new section to regulate parking at electric vehicle charging spaces.

The changes stem from enforcement confusion after complaints about vehicles blocking sidewalks and from state and county law addressing reserved EV charging parking. Lieutenant Willie Delgado presented the staff proposal, saying the goals are to remove ambiguous language that appeared to permit parking that obstructs sidewalks, to add an EV parking section consistent with Maryland and Montgomery County standards, and to require compliant signage before officers can issue violations.

The ordinance text under review would move an existing exception so it applies only to briefly driving across a sidewalk (for example, to access a driveway) and not to parking that blocks pedestrian travel. The staff presentation compared Gaithersburg draft language to Maryland code and to Montgomery County code and noted state guidance on signage (the Maryland Manual on Uniform Traffic Control Devices).

Council members pressed staff and the city attorney on enforceability and readability. Councilmember James (Jim) asked for clearer wording to ensure the rule absolutely prohibits parking that blocks a sidewalk. Councilmember Rob (last name not given in the record) and others asked that the ordinance be written in plainer language and suggested adding an explanatory, human-readable statement alongside the legal text.

A second strand of the hearing addressed EV charger parking. Lieutenant Delgado summarized: state law (cited by staff as Maryland code 211003.2 and Senate Bill 146 of 2022 in the presentation) allows creating reserved spaces for charging electric vehicles and the state standards require signage that states the maximum fine, indicates the space is for electric vehicles only, and (in the city draft) states that the vehicle must be plugged in. Councilmembers debated whether the city should require that an EV be actively charging (not merely plugged in) to occupy a reserved space; staff and the city attorney said adding an “actively charging” requirement would be an additional condition that could require a new public hearing because it narrows enforcement and could change who is subject to citation.

Private-property situations and existing signs also drew questions. Staff said the city can only enforce EV parking violations where signage meets the Maryland standard; for privately posted EV or low-emission spaces without chargers, the city can educate owners but cannot enforce without compliant signs. David Mullins of Gateway Apartments, calling in by Zoom, asked why the city would waive rezoning fees in a separate annexation agreement (that agenda item followed) and said he appreciated the council’s attention to plain-language drafting.

Council direction: the council asked staff and counsel to “wordsmith” the sidewalk provision to make reading easier without changing its effect, to research whether the phrase “actively charging” appears in state law or authoritative guidance, and to confirm enforceability logistics for different charger types. The council voted 5-0 to hold the record open until 5 p.m. on May 30 and to anticipate further policy discussion and possible action at the June 16 meeting.

Staff said city facilities already have compliant EV signage; private parking lots may not. The city will continue refining language and return with proposed final language and enforcement recommendations.

The council’s motion to keep the record open passed 5-0; staff will post any additional written public comments and the applicant/staff responses in the record before the May 30 deadline.