Town of North Brentwood, MD
Prince George's County
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A. 
A vehicle may be immobilized, towed or impounded by or under the direction of any police, parking or Code Enforcement Officer if:
[Amended 9-17-2012 by Ord. No. 2012-07]
(1) 
The vehicle is unattended and it is found parked in violation of any Town, county, or state parking or traffic law;
(2) 
The vehicle is parked unattended and has three or more outstanding Town parking citations; or
(3) 
The vehicle is disabled and creating a traffic or public safety hazard or the vehicle is parked or stopped so as to impede or obstruct the normal movement of traffic or pedestrians.
B. 
If a vehicle is immobilized pursuant to Subsection A of this section, it shall be immobilized by a commonly accepted device for this purpose, such as a "boot," and a notice shall be affixed to the vehicle informing the owner or operator of the vehicle of the presence of the immobilizing device.
C. 
If a vehicle is towed or impounded pursuant to Subsection A of this section, the vehicle shall be towed to a place previously designated by the council or its designee. In any case involving the towing or impounding of a vehicle pursuant to this section, a service fee as set forth in § 315-15, Schedule of fines and charges, shall be immediately charged to the owner of the vehicle. All towing and storage charges incurred and all outstanding fines, penalties, and service charges and fees, as well as all unpaid tickets and citations, must be paid before the immobilizing device will be removed or the towed or impounded vehicle will be released.
[Amended 9-17-2012 by Ord. No. 2012-07]
D. 
In any case involving the immobilization, towing or impounding of a vehicle, the owner or his or her authorized agent shall obtain a written release from a designated Town official certifying that all fines, penalties, service charges, and fees and any other unpaid tickets or citations have been paid to the Town prior to obtaining possession of the vehicle by paying to the storage facility operator or custodian any applicable towing and storage charges as authorized by contract or resolution approved by the Council.
[Added 9-17-2012 by Ord. No. 2012-07]
A. 
It shall be the duty of the police officers Code Enforcement Officers and parking enforcement officers to enforce this chapter and, upon discovering any vehicle parked or standing in violation of this chapter, to:
[Amended 9-17-2012 by Ord. No. 2012-07]
(1) 
Deliver a citation to the operator of the vehicle or, if the vehicle is unattended, attach a citation to the vehicle in a conspicuous place; and
(2) 
Keep a copy of the citation bearing the officer's certification under penalty of perjury that the facts stated in the citation are true.
B. 
In the absence of the operator of the vehicle, the registered owner of the vehicle is presumed to be the person receiving the citation.
C. 
Citations issued under this chapter shall state:
(1) 
The state license number of the vehicle;
(2) 
The make and model of the vehicle;
(3) 
The section of the North Brentwood Code that the vehicle was parked or standing in violation of;
(4) 
The date, time, and location of the violation;
(5) 
The amount of the fine charged for the violation;
(6) 
The name of the officer issuing the citation; and
(7) 
Any other facts necessary to understand the circumstances of the violation.
D. 
The citation shall instruct the owner or operator of the vehicle to pay the fine imposed as a penalty to the Town of North Brentwood within 15 days from the date of issuance of the citation or to give written notice to the Town within 10 days from the date of issuance of the citation of the owner or operator's election to stand trial for the violation in district court.
E. 
If a person elects to stand trial for the violation and desires the presence of the officer who issued the citation, he or she shall so notify the Town at the time the request to stand trial is made. If proper notification is not given, the officer need not appear at the trial, and the copy of the citation bearing the officer's certification under penalty of perjury shall be prima facie evidence of the facts stated in the citation.
[Amended 9-17-2012 by Ord. No. 2012-07]
A. 
In the event that the owner or operator of the vehicle neither sends written notice of his or her election to stand trial within 10 days from the date of issuance of the citation nor pays the fine for the violation within 15 days from the date of issuance of the citation, or if the owner or operator of the vehicle requests a trial, but does not appear in district court on the trial date set, then, as an additional penalty, the fine for the violation shall double. In addition, a service charge as set forth in § 315-15, Schedule of fines and charges, shall be imposed if payment of the fine is made more than 30 days after the date of issuance of the citation.
B. 
Any person who pays the fine, penalty or other charges assessed under this chapter shall further pay a returned check fee of $25 to the Town should the check be returned for lack of sufficient funds. The returned check fee established by this subsection may be modified from time to time by resolution of the Council.
[Amended 9-17-2012 by Ord. No. 2012-07]
Unless another section of this chapter expressly states otherwise, the following schedule of fines and charges shall apply to this chapter:
Code Section
Brief Description
Fine
Penalty1
Service Charge/Fee2
§ 315-3, except Subsection A(13)
Parking prohibitions
$35
$35
$25
§ 315-4
Manner of parking
$35
$35
$25
Fire lane
$200
$200
$25
§ 315-5
Handicapped parking
$200
$200
$25
All other violations of Chapter 315
$35
$35
$25
§ 315-12
Immobilization, towing or impounding
Fine for citation, plus towing and storage charges
$253
§ 315-14
Returned check fee
$252
§ 315-16
Municipal flagging fee
All other fines, penalties, fees or charges
$404
NOTES:
1
See § 315-14. The fine doubles if: (a) The fine is not paid within 15 days from the date of issuance of the citation; (b) A trial request is not made within 10 days from the date of issuance of the citation; or (c) If the person requested a trial on the citation, but fails to appear for trial.
2
See § 315-14. A service charge is imposed if payment of the fine is made more than 30 days after issuance of the citation. In addition to a service charge, a returned check fee may be further charged pursuant to § 315-14, which is subject to change by resolution.
3
See § 315-12D. In any case involving the immobilization, towing or impounding of a vehicle, the service fee of $25 is imposed immediately and must be paid before the immobilization device will be removed or before the vehicle will be released to the owner or his or her authorized agent.
4
See § 315-16. Any unpaid or delinquent parking fines may result in flagging or suspension of vehicle registration upon notice and a request made by the Town to the Motor Vehicle Administration ("MVA"). In order to obtain a release of the registration flag or suspension from the Town, the owner must pay all fines, charges, and fees due the Town along with an additional $40 municipal administrative flagging fee paid to the Town and any administrative fee charged by the MVA.
A. 
It shall be the duty of the police officers, Code Enforcement Officers or parking enforcement officers charged with enforcing this chapter, in accordance with the procedures prescribed by the State Motor Vehicle Administration in COMAR 11.15.21.01 et seq. and § 26-305 of the Transportation Article of the Annotated Code of Maryland, to give or cause to be given notice to the Motor Vehicle Administration and the respective owners of any vehicles registered by the state and the subject of any outstanding and past due parking violations of this chapter thereby requesting that the administration refuse registration or transfer of registration of the subject vehicle, until notified by the Town that the violation penalty has been satisfied.
B. 
In such cases, the Town shall impose an additional cost or municipal administrative flagging fee of $40 for each registration or transfer to be withheld, suspended or denied, and the owner of the vehicle shall be liable or further subject to the payment of such costs, and all other fines, penalties, fees and charges that have accrued or have been assessed pursuant to this chapter before notice is given to the administration that the subject violation penalty has been satisfied and the registration flagging or suspension is to be released.
C. 
A signed and certified vehicle registration flagging release form shall be issued by the Town to an owner having his or her vehicle registration flagged or suspended at the Town's request upon making payment of all unpaid fines, fees, penalties and charges as stated in Subsection B for the subject violation or any other unpaid citations issued pursuant to this chapter. Said release form shall be delivered by the owner to the Motor Vehicle Administration in order to remove the registration flag or suspension pursuant to state law.