[HISTORY: Adopted by the Mayor and Council of the City of
Crisfield 1-28-2015 by Ord. No. 644. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 106.
Words and phrases, when used in this chapter, shall have the
meanings ascribed to them in the Transportation Article of the Annotated
Code of Maryland, as now in force or as hereafter amended, enacted
or reenacted, except where the context clearly indicates a different
meaning.
A.
An officer of the Crisfield Police Department who discovers a vehicle parking in violation of an ordinance or regulation adopted under this chapter or Chapter 106 of the City Code shall:
(1)
Deliver a citation, in the form provided in § 106A-3 of this chapter, to the driver or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place; and
(2)
Keep a copy of the citation hearing his or her certification under
penalty of perjury that the facts stated in the citation are true.
B.
The registered owner of the vehicle shall be presumed to be the recipient
of the citation provided in this section. In the absence of the driver,
the registered owner of the vehicle shall be presumed to be the person
receiving the citation provided in this section.
A.
The violation of an ordinance or regulation adopted under this chapter or Chapter 106 shall be punished by the imposition of a fine as follows:
(5)
For obstructing traffic: $30.
(6)
For a violation of handicapped restricted parking: $100.
(8)
Unless another penalty is expressly provided in the schedule promulgated by the District Court of Maryland, in the Transportation Article of the Annotated Code of Maryland, or in this section or any section of Chapter 106, any person violating a provision of this chapter or Chapter 106 shall be liable for a penalty of $50.
B.
Violation of any ordinance or regulation adopted under Chapter 106 or Chapter 106A shall be deemed a misdemeanor punishable as provided by law. Payment of the collateral for the fines, as herein specified, shall be deemed to purge the violator from further liability for said offense. Any person wishing to stand trial must notify the Clerk-Treasurer five days prior to date payment is due as shown on the parking citation.
A.
Any parking citation issued by an officer of the Crisfield Police
Department shall be in three parts as described below:
(1)
Part I (office copy): This copy shall be retained by the Crisfield
Police Department and filed according to the citation number.
(2)
Part II (officer's copy): This copy shall be retained in the officer's
parking citation book for his/her records.
(3)
Part Ill (offender's copy): This copy shall be placed on the vehicle
at the time the citation is issued and will be used as the first notice.
B.
When a parking citation is issued, all copies except the officer's
copy will be pulled from the citation book. The offender's copy shall
be placed on the vehicle and the office copy shall be turned in at
the headquarters of the Crisfield Police Department.
C.
Upon receipt of the office copy, the Crisfield Police Department
will mail a notice of citation issued to the registered owner of the
vehicle at the last address listed on file through the Motor Vehicle
Administration in the state for which the vehicle is registered.
D.
If the citation is paid within 30 days of issuance of the citation,
this copy will be marked paid, dated and filed.
E.
If the fine is not paid within 30 days of issuance of the citation, the fine for the citation, as set forth in § 106A-3, shall be doubled.
F.
If the fine is not paid within 60 days of issuance of the citation,
then the fine shall double once more, and the Motor Vehicle Administration
in the state for which the vehicle is registered shall be advised
by the Crisfield Police Department to suspend any and all renewal
requests for vehicle registration.
A.
The Crisfield Police Department is hereby authorized and empowered and it shall be its duty to impound any unoccupied vehicle parked on any highway, road, street or alley within the City of Crisfield, Maryland, in violation of any parking ordinance of the City of Crisfield, as set forth in this chapter or Chapter 106, or any vehicle or trailer that has been wrecked or abandoned.
B.
A vehicle so impounded shall be kept at a place to be designated
by the Chief of Police of Crisfield, Maryland, or by department regulations
promulgated by the Chief of Police.
C.
A vehicle so impounded may be released to the duly identified and
lawful owner upon payment of any and all storage and towing fees,
as set forth in this chapter, and any other impounding fees duly imposed
by the City Council, in addition to any fines and court cost imposed
for the violation of any parking ordinance of the City of Crisfield,
Maryland.
D.
The owner of any vehicle impounded under this chapter, or as provided
by state law, shall be subject to a towing charge of $200 and a storage
fee of $50 per day for each and every day the vehicle is impounded.
[Amended 5-13-2020 by Ord. No. 693]
A.
Any vehicle having against it three or more unpaid citations, for violations of the provisions of Chapter 106 or this chapter, which have been issued and remain unpaid for more than 30 days from the date of each citation and no intention to stand trial having been filed in the required time period in any of the three citations, charging that such vehicle was parked, stopped or standing in violation of any law, ordinance or legal authority of the City of Crisfield, shall be deemed a public nuisance, and the Crisfield Police Department is authorized to tow and impound said vehicle. The vehicle shall be stored at the Crisfield Police Department impound lot until claimed by the owner of the vehicle and all parking fines and towing and storage fees are paid by the owner of the vehicle. The owner must show proof of ownership of the vehicle impounded before the vehicle shall be released to the owner. If unclaimed, the vehicle shall be sold after roper notification has been mailed to the vehicle owner in the manner set forth in § 106A-9.
B.
If, following a trial in the District Court of Maryland or other
tribunal, a not-guilty verdict is entered upon any of the parking
violations charged against the vehicle impounded under this section,
all charges advanced as having occurred upon the vehicle by virtue
of its impoundment, including the collateral advanced, for such parking
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. It is further
provided that if, as the result of the court's decision, the number
of parking violations charged against the vehicle previously impounded
is reduced to two or less and provided that no refund has previously
been made, the towing fee shall also be returned to the person who
advanced such fee, upon presentation of the official receipt issued
at the time said vehicle was released.
A.
It shall be unlawful for any person to park, stop or let stand any
vehicle, trailer or motor home with expired registration on any highway,
road, street or alley within the municipal limits of the City of Crisfield,
Maryland.
B.
Any vehicle in violation of Subsection A of this section shall be towed by the Crisfield Police Department after a parking citation is issued and the vehicle has been left parked for 72 hours. The vehicle shall be stored at the Crisfield Police Department impound lot until claimed by the owner of the vehicle and all parking fines and towing and storage fees are paid by the owner of the vehicle. The owner must show proof of ownership of the vehicle impounded before the vehicle shall be released to the owner. If unclaimed, the vehicle shall be sold after proper notification has been mailed to the vehicle owner in the manner set forth in § 106A-9.
A.
It shall be unlawful for any person to park, stop or let stand any
vehicle, trailer or motor home without any registration plates attached
to said vehicle on any highway, road, street, alley or parking lot
within the municipal limits of the City of Crisfield, Maryland.
B.
Any vehicle in violation of Subsection A of this section, shall be towed by the Crisfield Police Department after a parking citation is issued and the vehicle has been left parked for 72 hours. The vehicle shall be stored at the Crisfield Police Department impound lot until claimed by the owner of the vehicle and all parking fines and towing and storage fees are paid by the owner of the vehicle. The owner must show proof of ownership of the vehicle impounded before the vehicle shall be released to the owner. If unclaimed, the vehicle shall be sold after proper notification has been mailed to the vehicle owner in the manner set forth in § 106A-9.
A.
Notice to be sent by Crisfield Police Department. As soon as reasonably
practicable, and no longer than seven days, after the Crisfield Police
Department impounds a vehicle, the Crisfield Police Department shall
send a notice, by registered or certified mail, return receipt requested,
to the last known registered owner of the vehicle and to each secured
party, as shown on the records of the Motor Vehicle Administration
for the state in which the vehicle is registered.
B.
Contents of notice. The notice provided in Subsection A of this section shall:
(1)
State that the vehicle has been impounded;
(2)
Describe the year, make, model and vehicle identification number
of the vehicle;
(3)
Give the location of the facility where the vehicle is held;
(4)
Inform the owner and each secured party, if any, of the owner's and
secured party's right to claim the vehicle within three weeks (i.e.,
21 days) after the date of the notice, upon payment of all fines,
penalties and towing, preservation and storage charges resulting from
impounding the vehicle; and
(5)
State that the failure of the owner or secured party, if any, to
exercise this right in the time provided is:
A.
B.
If any of the conditions described in Subsection A of this section apply, upon the impoundment of an abandoned vehicle by the Crisfield Police Department, the Crisfield Police Department shall give the required notice by posting a notice, complying with the provisions of Subsection C of this section, in the circuit court for Somerset County.
C.
The notice:
(1)
May contain multiple listings of abandoned vehicles;
(3)
Shall be posted within 15 days of the impoundment of the abandoned
vehicle, or if the notice by posting under this section is made because
of the return as undeliverable of a prior notice by certified mail,
return receipt requested, bearing a postmark from the United States
Postal Service, within seven days of the return of that prior notice.
It shall be the duty of the Crisfield Police Department to safely
keep any impounded vehicle, until such vehicle shall have been repossessed
by the owner or person legally entitled to possession thereof, or
otherwise disposed of as provided in this chapter. The Crisfield Police
Department shall cause to be kept an accurate record of the description
of such vehicle, including the name of the officer from whom such
a vehicle was received; the officer employed to tow or have delivered
the same to said pound or authorized garage; the (late and time when
received; the place where found, seized or taken possession of; the
make and color of the car and the style or body, kind of power, motor
number, serial number, number of cylinders, year built, state license
number, if any, equipment and a general description of its condition;
the name and address of the person redeeming said vehicle, the date
of redemption and the manner and date of the disposal of said vehicle
in case the same shall not be redeemed; together with the cost of
outstanding summonses and the towing and storage charges.
The Clerk-Treasurer shall be responsible for the collection
of all fines and penalties provided under this chapter. The Clerk-Treasurer
shall furnish to the person paying said fines and penalties a receipt
which shall be presented to the Crisfield Police Department. Upon
presentation of said receipt, the duty officer shall sign a vehicle
release form authorizing the release of the impounded vehicle.
Vehicles impounded pursuant to this chapter shall be released
to their lawful owner (or person entitled to possession) upon a showing
of adequate evidence of a right to its possession and upon the payment
of all accrued fines and costs for each outstanding unpaid parking
citation, or the depositing of the collateral required by his appearance
in the district court for Somerset County, to answer for each violation
for which there is an outstanding or otherwise unsettled parking violation
notice or warrant and, in addition thereto, the charges for towing,
and storage. The release shall be signed by an authorized officer
of the Crisfield Police Department.
Whenever any vehicle so impounded shall remain unclaimed by the owner or other person legally entitled to possession thereof for a period of 45 days from the date a notice to the owner was mailed, in the manner set forth in § 106A-9, it shall be the duty of the Crisfield Police Department to 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.
One-half (i.e., 50%) of any and all monies received by the Clerk-Treasurer
in the collection of any lines and penalties for the towing and impoundment
of any vehicle under this chapter, as set forth in § 106A-5(D)
of this chapter, shall be appropriated and allocated to the Crisfield
Police Department - General Fund for the annual fiscal year budget
of the City of Crisfield.
The City Council is authorized to adopt, by resolution, such
rules and regulations as are necessary to carry out the provisions
of this chapter.
