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]
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
|
|---|---|---|---|---|
|
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
| |
|
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.
