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.
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.
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.
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.