[Added 8-2004]
The purpose of this article is to authorize immobilization,
towing and storage of vehicles for which unsatisfied parking summonses
or citations have accumulated in excess of the number specified in
this article.
For the purpose of this article, the following terms are defined
as follows:
Any path designated for access by emergency vehicles.
Any space designated for the use of a vehicle displaying
the proper stickers on the license tag, etc., as specified by Maryland
law.
The Mayor and Council for the Town of Smithsburg, Maryland.
A vehicle is prohibited from parking in the defined area.
A driver of a vehicle.
Any individual, firm, association, joint venture, partnership,
estate, trust, corporation, group, state officer, or unit of federal,
state, county or municipal government, and all other associations
and combinations, whether public or private.
A space assigned to an individual for his or her use.
A parking space within the jurisdictional boundaries of the
Town.
The State of Maryland.
A space designated for temporary parking with specified limitations.
The Town of Smithsburg, a municipal corporation of and a
political subdivision of the State of Maryland.
Any path designated for vehicle movement.
Parking citations or summonses issued and unpaid pursuant
to the parking ordinances and/or regulations of the Town of Smithsburg.
A parking enforcement device that prohibits the movement
of a vehicle through the use of a locking mechanism attached to the
wheel of the vehicle or other similar equipment.
When any vehicle is found parked or moving at any time on any
street in the Town of Smithsburg, against which there are three or
more unsatisfied or unpaid summonses, citations or parking violations,
and when at least 30 days have elapsed since the issuance of the third
unsatisfied summons, citation or parking violation, the Town of Smithsburg,
through its duly authorized officials, is hereby authorized and empowered
to remove or cause to be removed said vehicle by towing, conveying
or in any other manner and to impound said vehicle in a place designed
by the Smithsburg Police Department, or immobilize said vehicle in
some way with vehicle immobilization equipment in such a manner as
to prevent its removal or operation except by authorized personnel
of the Town of Smithsburg. The removal, conveyance or immobilization
of the vehicle shall be by or under the direction of the Smithsburg
Police Department.
The owner of an immobilized vehicle, or other duly authorized
person, shall be allowed not less than 24 hours from the time of immobilization
to repossess or secure the release of the vehicle. Failure to repossess
or secure the release of the vehicle within this time period may result
in the removal of such vehicle to a storage area for safe keeping
under the direction of the Smithsburg Police Department.
Whenever a vehicle has been impounded pursuant to the provisions
of this article, notice of the impoundment, removal and storage of
said vehicle shall be mailed within 24 hours (excluding Saturdays,
Sundays and holidays) by registered or certified mail to the last
registered owner of the vehicle at the last address shown for that
owner on the applicable registration records, if known. The notice
shall contain at least the following information:
A.
A complete description of the vehicle, including the year, make,
model and vehicle identification number.
B.
A statement that the vehicle has been impounded pursuant to the provisions
of this article and the exact location of the facility where the vehicle
is held.
C.
The statement that the owner has the right to reclaim the vehicle.
The last date for reclamation shall be 30 days after mailing of the
notice. In order to reclaim the vehicle, the owner has to make full
payment of all the outstanding fines and penalties which caused the
impounding of the vehicle, plus all the towing, preservation and/or
storage charges resulting from impounding the vehicle.
D.
Notice that the failure of the owner to exercise his right in the
time provided shall be considered a waiver of all rights, title and
interest in the vehicle and be considered consent to the sale of the
vehicle at public auction.
The registered owner of a vehicle having against it three or
more violations as set forth herein shall be presumed to be the driver
and owner of the vehicle at the time the summons, citation for parking
violation or any other legal process was issued and shall be severally
responsible for the offenses and the costs of the impoundment, including
immobilization fees and costs, except where the use of the vehicle
was obtained by the operator without the owner's consent.
A.
Time. The owner shall have a right to contest the impoundment of
the vehicle by requesting a hearing. The hearing shall be conducted
within two days, excluding Sundays and holidays, from the day the
owner files an application for a hearing with the Town Clerk-Treasurer.[1]
C.
Procedure.
(1)
The hearing shall be held in an informal manner.
(2)
The findings of the hearing officer shall be in writing. A copy of
the same shall be furnished to the owner and any other interested
party.
(3)
If it is determined by the hearing officer that the vehicle should
not have been impounded, the owner shall not be required to pay the
towing, storage and preservation charges provided for under this article
to secure the release of said vehicle, and if the charges were paid
prior to the hearing, a refund shall be made to the owner who paid
said charges in order to have the vehicle released.
(4)
The decision of the hearing officer shall not have any effect on
or be considered a determination of the outstanding unsatisfied summonses,
citations or any other legal processes against the vehicle impounded.
This article is not intended to alter, change, or modify any right
which the owner may have to a hearing in the District Court for Washington
County, Maryland, on any citations or summonses.
The owner of a vehicle impounded through the utilization of
vehicle immobilization equipment shall be responsible for a fee in
addition to all other fees and expenses pursuant to this article,
other than in an instance or case of erroneous immobilization. The
fee is as follows:
A vehicle impounded pursuant to this article will be released
to its lawful owner (or person entitled to possession) upon a showing
of adequate evidence of a right to its possession and upon payment
of all accrued fines and costs for each outstanding parking citation
or summons against said vehicle or the depositing of the same with
the Town Clerk-Treasurer pending the outcome of said hearing and trial
in the District Court of Maryland on the outstanding citations and
charges. In addition thereto, the charges for immobilization and impounding,
as set forth herein, shall be paid or deposited as aforesaid prior
to said release.
A.
If, following a trial in the District Court of Maryland or other
tribunal, a not guilty verdict is entered upon any of the parking
violation charges against the stored vehicle, notwithstanding the
ruling of the hearing officer with respect to the impounding of the
vehicle, all charges advanced which were charged by virtue of the
impounding, including the collateral advanced for the violations upon
which a not guilty verdict was entered, shall be returned to the person
who advanced such sums upon presentation of the official receipt issued
at the time said vehicle was released. For the purposes of this section,
a "nol-pros" or "probation before judgment" result is not a not guilty
verdict.
B.
It is further provided that if, as a result of the Court's decision,
the number of violations charged against the vehicle previously impounded
is reduced to fewer than three, and provided that no refund has previously
been made, all impoundment or immobilization fees and charges shall
be returned to the person who advanced such fees upon presentation
of the official receipt issued at the time said vehicle was released.
A.
Whenever any vehicle impounded pursuant to the provisions of this
article shall remain unclaimed by the owner or other persons legally
entitled to possession thereof for a period of 30 days from the date
that a notice to the owner was mailed as set forth herein, the Town
may sell such vehicle at a public auction in accordance with the provisions
of Title 25 of the Transportation Article of the Annotated Code of
Maryland.
B.
The proceeds of the sale shall be applied in the following order:
(1)
Satisfaction of any liens of record.
(2)
Payment of expenses of giving notice and advertising and holding
the same, including reasonable attorneys' fees.
(3)
All storage, towing, impoundment, immobilization and preservation
charges.
(4)
All fines and administrative charges outstanding against the owner
of the vehicle impounded under this article.
(5)
The balance to the registered owner of the vehicle and lienholder
of record, if applicable.
This article may be cited as the "Smithsburg Vehicle Impoundment
and Immobilization Ordinance."
