[HISTORY: Adopted by the Mayor and Council of the Town of New Windsor 4-5-2000
by Ord. No. 4405 (Chapter 7.16 of the 1998 Code). Amendments
noted where applicable.]
A.
JUNK VEHICLE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(2)
(3)
(4)
LICENSED MOTOR VEHICLE
VEHICLE UNDER REPAIR
As used in this chapter, the following terms shall have the meanings
indicated:
Any registered or unregistered motor vehicle which is not in running
condition, or which is in such state of disintegration or disrepair as to
have no value as a motor vehicle. A vehicle will be deemed to be not in running
condition and a junk vehicle, if any of the following conditions apply:
The windshield is broken or has been removed.
The vehicle is being stripped or used for parts.
The engine will not start.
The transmission will not operate sufficiently to propel the vehicle
at roadway speeds.
Any of the doors are removed.
More than 30% of the window glass other than the windshield is broken
or removed.
The hood or trunk lid has been removed, or is detached and inoperable.
The driver's seat has been removed or is present in the vehicle but
not firmly attached to it.
Any of the wheels or tires have been removed.
The steering wheel has been removed, or does not operate.
Both headlights are inoperable.
The vehicle does not have firmly affixed to it registration tags for
the vehicle (license plates) valid for the year in question. This provision
shall not be applied within 60 days of the expiration date of previously valid
tags for the vehicle which are firmly affixed to it.
Any vehicle not operated on a public highway within the preceding three
months shall be deemed a "junk vehicle" for the purposes of this chapter,
unless said vehicle is a vehicle under repair for which a permit has been
obtained from the Town.
"Junk vehicle" shall not include any farm equipment or vehicle in operating
condition actually used in farming operations.
"Junk vehicle" shall not include any vehicle actually undergoing repairs,
for the purpose of making the vehicle operable, and for which a permit to
keep such vehicle has been obtained from the Town.
"Junk vehicle" shall not include any properly licensed motor vehicle
temporarily disabled because of a breakdown, which is repaired and placed
back into service within 21 days of the date of the breakdown.
A motor vehicle which has firmly affixed to it, in accordance with
the laws of the State of Maryland, valid and current registration tags for
that vehicle.
A motor vehicle which although not in running condition is actually
under repair, or in the process of being restored, which repairs or restoration
are for the purpose of rendering the vehicle operable and useful as a motor
vehicle, and usable on the public highways.
B.
Other terms. Other terms used herein not specifically defined
shall have the meanings used in the Transportation Article of the Maryland
Annotated Code.
It shall be unlawful to maintain or keep or permit any person to maintain
or keep any junk vehicle on property within the Town of New Windsor, unless
the vehicle is totally enclosed within a substantial structure, consisting
of a foundation, four sides and a roof. It shall not be sufficient for the
purposes of this section to cover a junk vehicle with a canvas or tarpaulin.
A.
It shall be unlawful to maintain or keep or permit any
person to maintain or keep any unlicensed motor vehicle, or any motor vehicle
which though validly licensed is not operable or in running condition on property
within the Town of New Windsor, unless same is totally enclosed within a substantial
structure, consisting of a foundation, four sides and a roof, or unless a
permit for same has been obtained from the Town and is prominently displayed
on the vehicle. It shall not be sufficient for the purposes of this section
to cover such vehicle with a canvas or tarpaulin.
B.
No permit shall be required for any licensed motor vehicle
temporarily disabled because of breakdown, which is repaired and placed back
into service within 21 days of the date of breakdown.
C.
No permit shall be required until 45 days from the date
of purchase of the motor vehicle under repair.
D.
This section shall not apply to the temporary storage
of vehicles at a licensed automobile/truck repair facility, garage or terminal.
E.
Permits for vehicles under repair.
(1)
An owner of a vehicle under repair may make application
for a permit for a vehicle under repair by applying in person to the Town
Clerk, and presenting the original title certificate for the vehicle in the
name of the owner and permitting same to be inspected by the Town Clerk. It
shall not be sufficient, and a permit may not be issued to the owner upon
a bill of sale, or upon a title certificate in the name of a previous owner,
even though duly assigned and transferred to the applicant.
(2)
The fee for permits shall be $10 to be collected by the
Town Clerk.
(3)
A separate permit, and fee, for each vehicle under repair
shall be required. An owner shall not be issued a permit for more than two
vehicles at any one time. No more than two vehicles under repair may be located
at the same property.
(4)
An applicant shall complete any forms or documents requested
by the Town Clerk and shall supply the following information:
(a)
The make, model, color, serial number, and certificate
of title number of the vehicle.
(b)
The name and present address, and driver's license soundex
number of owner.
(c)
The location where the vehicle is stored, and the location,
if different, at which repairs will be made.
(d)
If the vehicle has registration tags affixed, the tag
numbers.
(e)
The date when the vehicle was purchased by the owner.
(f)
The nature of repairs to be made to the vehicle.
(g)
The date when repairs are expected to be completed.
(h)
The expected cost of parts and the number of hours of
labor required to complete the repairs.
(5)
An applicant for a permit shall be required to make an
affidavit under oath and under penalty of perjury that the information supplied
in the application for permit is true and correct, that the owner's purpose
in keeping the vehicle is for repairs, and that it is the intention of the
owner to repair and restore the vehicle to operating condition.
(6)
The permit for a vehicle under repair shall be conspicuously
displayed on the vehicle by taping the permit to the inside of either the
windshield on the driver's side or the driver's door window, such that the
face of the permit faces outward.
(7)
A vehicle under repair permit shall be valid for six
months from the date of issue.
(8)
Upon expiration of the initial vehicle under repair permit,
or upon expiration of any renewal permit, the owner may apply for a renewal
permit. A renewal permit shall be valid for a period of 90 days from the expiration
date of the preceding permit. The fee for a renewal permit shall be the same
as for an initial permit. The procedure for application for a renewal permit
shall be the same as for application for an initial permit, including the
information and affidavit required. In addition, owner shall state the repairs
completed within the preceding 90 days.
(9)
The first renewal permit requested shall be issued upon
application by the owner. Where the Clerk has reasonable grounds to believe
that no actual repairs were made to the vehicle within the preceding 90 days,
or that the vehicle is not actually under repair for the purpose of being
returned to operation as a motor vehicle, the Clerk may refuse to issue any
renewal permit, subsequent to the first renewal permit. For any renewal permit
subsequent to the first renewal permit, the Clerk may require additional proof
of actual repairs to the vehicle, including, but not limited to, receipts
for parts or photographs showing the work done. In the event that the Clerk
refuses to issue a renewal permit, the owner shall have 15 days from such
refusal to dispose of the vehicle.
When it is believed that a motor vehicle is being kept on property within
the Town of New Windsor in violation of this chapter, notice shall be given
by posting same on the vehicle in question, or by delivery to any dwelling
home or occupied building on the property in question, which notice shall
be effective on the date posted or delivered.
A.
The owner of the vehicle in question, or the property
owner, shall have 10 days from the effective date of notice to remove the
vehicle in question, or to apply to the Town Clerk for a vehicle under repair
permit.
B.
In the event that the vehicle in question is not a junk
vehicle, or does not require a permit for a vehicle under repair, as provided
in the chapter, the owner shall, within the ten-day period, provide satisfactory
evidence of same to the Town Clerk.
C.
If the notice of violation is received within the twenty-one-day
grace period for temporarily disabled vehicles, or the forty-five-day grace
period for a newly purchased vehicle, satisfactory proof of same must be made
to the Town Clerk within 10 days of the notice of violation. In that event,
the notice shall serve as notice that the vehicle must be licensed and operational
by the end of the grace period, or removed within 10 days of the expiration
of the grace period. Failure to notify the Town Clerk within the ten-day period
shall operate as a waiver of the grace period and shall subject the vehicle
and property owner to the penalties which would apply had the grace period
not been provided.
It shall not be a defense to a charge of violation of this chapter that
the vehicle is removed from the property on which it was kept at the time
of notice of violation, if the vehicle is merely moved to another location
within the Town limits.
For the purposes of enforcement of this chapter, it is presumed, in
the absence of clear convincing evidence to the contrary, that the owner of
property upon which a motor vehicle is kept has knowledge of the presence
of the vehicle on said property. Where the owner of property is aware of the
presence of the motor vehicle upon his property, it is conclusively presumed
that the vehicle is being kept on said property with the permission and acquiescence
of the property owner. Both the owner of property and the owner of the vehicle
are responsible for violations of this chapter.
Notwithstanding any of the provisions of this chapter, the delivery
of notice of a violation of this chapter, and then ten-day period provided
for removal of vehicle, or correction of the violation, shall not be construed
as a waiver of any violation of this chapter existing on, prior to, or subsequent
to, the date of the notice.
A.
Any time after the expiration of 10 days after notice
of violation of any provision of this chapter, the Town may utilize, without
limitation on any other legal rights which may be available, any or all of
the following enforcement methods:
B.
Any police officer or other person designated by the
Mayor or Town Council may act on behalf of the Town of New Windsor in the
enforcement of this chapter.
Any violation of this chapter shall be a municipal infraction as defined
by the Annotated Code of Maryland Article 23A, § 3. The penalty
for such infraction shall be not more than $100 for any first violation and
not more than $150 for any subsequent violation. Each motor vehicle left,
stored, or parked in violation of this chapter shall constitute a separate
violation. Each day a vehicle is left, stored or parked in violation of this
chapter shall constitute a separate violation.
Without limitation upon or election against any other available remedy, the
Town of New Windsor may apply to a court of competent jurisdiction for any
injunction enjoining any violation of this chapter. An injunction shall be
issued prohibiting any continued violation of this chapter upon a showing
that after notice from the Town to remove vehicles from subject property such
vehicles were not removed. The court shall award attorney's fees and costs
to any party who succeeds in obtaining an injunction hereunder.
A.
Any time after the expiration of 10 days from the date on which notice of violation was given pursuant to § 196-4 above, the Town may take possession of and remove any vehicle in violation of this chapter. Such vehicle is forfeited and becomes the property of the Town of New Windsor, which may dispose of the vehicle in any manner deemed reasonable.
B.
When disposing of such vehicles, the Town may, at its
option, follow the procedures set forth in Title 25, Subtitle 2 of the Maryland
Vehicle Law (§ 25-201 et seq. of the Transportation Article of the
Annotated Code of Maryland) or such other laws of the State of Maryland which
exist, or may be enacted, relating to the disposition of abandoned vehicles,
provided that nothing in the state laws shall be construed to limit the application,
procedures or standards set forth elsewhere herein.
