The provisions of this chapter are intended
to be in addition to and supplementary to the provisions of the Maryland
Vehicle Law, Titles 11 through 27 of the Transportation Article of
the Annotated Code of Maryland, as amended, and in accordance with
the authority specifically granted by such law.
The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in the Maryland Vehicle Law or in Chapter
1, General Provisions, Article
II, Terminology, of this Code.
The City, county and state shall install and
maintain traffic control devices in accordance with § 25-106
of the Transportation Article of the Annotated Code of Maryland.
Unless another penalty is expressly provided in the Maryland Vehicle Law (Titles 11 through 27 of the Transportation Article of the Annotated Code of Maryland) or except as otherwise specified herein, violation of any provision of this chapter or any supplement thereto shall be deemed a municipal infraction and shall be punishable as provided in §
1-20B of this Code.
[Added 5-14-2012 by Ord. No. O-13-2012]
There is hereby established a vehicle flag release fee. The
Council may establish the amount of the vehicle flag release fee from
time to time by resolution.
[Added 4-16-2019 by Ord.
No. O-06-2019]
A. Any unattended vehicle found parked upon any City street, alley or
public parking lot within the City may be removed, conveyed or impounded
by, or under the direction of, any police or parking enforcement officer
without first giving prior notice and an opportunity for a hearing
to its owner, by towing such vehicle to a garage or vehicle storage
area, under the following circumstances:
(1)
When the vehicle is illegally parked and is impeding or is likely
to impede the normal flow of vehicular or pedestrian traffic; or
(2)
When the vehicle is illegally parked in any zone that has been
limited to designated classes of vehicles or where parking is prohibited
during certain hours, on designated days or at all times, and where
such vehicle is interfering with the proper and intended use of such
zones; or
(3)
When the vehicle imposes an immediate danger to the public safety
or jeopardizes the public welfare; or
(4)
When a police officer or Code Enforcement Officer has probable
cause to believe that the vehicle is stolen; or
(5)
When a police officer has probable cause to believe that the
vehicle constitutes evidence of a crime or contains evidence of a
crime, if impoundment is reasonably necessary in such instance to
obtain or observe such evidence; or
(6)
When the operator of the vehicle has been taken into custody
and impoundment of the vehicle is reasonably necessary to provide
for the safekeeping of the vehicle; or
(7)
When the vehicle is both:
(a)
Abandoned and does not contain license plates or other such
identification; and
(b)
Located on any public street, highway, roadway, shoulder, other
public property or public utility right-of-way, provided that any
impoundment from public property must be at the direction of the Police
Department or Code Enforcement Department; or
(8)
When a vehicle is parked in a fire lane or on a snow emergency
route.
B. In accordance with City Code §
149-4.3, an officer who removes a vehicle from a street or other area as authorized shall have the duty of informing the owner of such impounded vehicle by giving notice of the violation as soon as is reasonably possible after the vehicle has been so impounded, provided the officer is able to ascertain from information available who the owner is and the owner's correct address.
[Added 4-16-2019 by Ord.
No. O-06-2019]
A. Notification after impoundment shall be in accordance with the following
provisions.
B. The notice shall:
(1)
State that the vehicle has been taken into custody for violation
of the City ordinance prohibiting unauthorized parking on private
property;
(2)
State the year, make, model, and vehicle identification number
of the vehicle;
(3)
Give the location of the impoundment facility where the vehicle
is held;
(4)
Inform the vehicle owner that he or she has the right to contest
the validity of the towing and storage of his or her vehicle at any
time within 21 days of the date of such notice by filing a request
for hearing with the City Police on a request form which shall be
included with such notice;
(5)
Inform the owner and secured party of his or her right to reclaim
the vehicle within 21 days after the date of said notice on payment
of all towing and storage charges resulting from the towing and storage
of the vehicle;
(6)
State that the failure of the owner or the secured party to exercise his or her right as provided in Subsection
B(5), above, to reclaim the vehicle in the time provided is a waiver by him or her of all his or her rights, title and interest in the vehicle at public auction.