[HISTORY: Adopted by the Mayor and Council
of the Town of Sykesville 5-12-1980 by Ord. No. 114. Amendments noted
where applicable.]
A.
JUNK VEHICLE
(1)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(2)
(3)
(4)
LICENSED MOTOR VEHICLE
VEHICLE UNDER REPAIR
Terms defined. As used in this chapter, the following
terms shall have the meanings indicated:
Any registered or unregistered motor vehicle
which is not in running condition, or which is in such state of disintegration
or disrepair as to have no value as a motor vehicle. A vehicle will
be deemed to be not in running condition and a junk vehicle if any
of the following conditions apply:
The windshield is broken or has been removed.
The vehicle is being stripped or used for parts.
The engine will not start.
The transmission will not operate sufficiently
to propel the vehicle at roadway speeds.
Any of the doors are removed.
More than 30% of the window glass other than
the windshield is broken or removed.
The hood or trunk lid has been removed or is
detached and inoperable.
The driver's seat has been removed or is present
in the vehicle but not firmly attached to it.
Any of the wheels or tires have been removed.
The steering wheel has been removed or does
not operate.
Both headlights are inoperable.
The vehicle does not have firmly affixed to
it registration tags for the vehicle (license plates) valid for the
year in question. This provision shall not be applied within 60 days
of the expiration date of previously valid tags for the vehicle which
are firmly affixed to it.
Any vehicle not operated on a public highway
within the preceding three months shall be deemed a junk vehicle for
the purposes of this chapter unless said vehicle is a vehicle under
repair for which a permit has been obtained from the Town.
Junk vehicle shall not include any farm equipment
or vehicle in operating condition actually used in farming operations.
Junk vehicle shall not include any vehicle actually
undergoing repairs, for the purpose of making the vehicle operable,
and for which a permit to keep such vehicle has been obtained from
the Town.
Junk vehicle shall not include any properly
licensed motor vehicle temporarily disabled because of a breakdown,
which is repaired and placed back into service within 21 days of the
date of the breakdown.
A motor vehicle which has firmly affixed to it, in accordance
with the laws of the State of Maryland, valid and current registration
tags for that vehicle.
A motor vehicle which although not in running condition is
actually under repair, or in the process of being restored, which
repairs or restoration are for the purpose of rendering the vehicle
operable and useful as a motor vehicle, and usable on the public highways.
B.
Other terms used herein not specifically defined shall
have the meanings used in the Transportation Article of the Maryland
Annotated Code.
It shall be unlawful to maintain or keep or
permit any person to maintain or keep any junk vehicle on property
within the Town limits of the Town of Sykesville, unless the vehicle
is totally enclosed within a substantial structure, consisting of
four sides and a roof. It shall not be sufficient for the purposes
of this section to cover a junk vehicle with a canvas or tarpaulin.
A.
Permit required; emergency repairs on streets.
(1)
It shall be unlawful to maintain or keep or permit
any person to maintain or keep any unlicensed motor vehicle, or any
motor vehicle which though validly licensed is not operable or in
running condition on property within the Town limits of the Town of
Sykesville, unless same is totally enclosed within a substantial structure,
consisting of four sides and a roof, or unless a permit for same has
been obtained from the Town, and is prominently displayed on the vehicle.
It shall not be sufficient for the purposes of this section to cover
such vehicle with a canvas or tarpaulin.
(2)
No vehicle shall be repaired in any street or public
property, except in case of emergency, and then only so as not to
block or obstruct any street or sidewalk, nor shall the motor of any
such vehicle be tested while it is parked or standing on any street
except when unavoidable. For purposes of this section, "repair" shall
be defined as including but not limited to replacement of any part
thereof, any change or work done to any part of the vehicle, changing
tires, draining or changing oil, inserting or draining any form of
lubricant, coolant, fluid or other such item into the vehicle or any
other such item in any manner related to vehicle repairs.
[Added 4-12-1983 by Ord. No. 131]
B.
Grace periods for certain vehicles.
[Amended 11-14-1988 by Ord. No. 163; 6-11-2007 by Ord. No. 268]
A.
Separate permits for each vehicle; fee.
(1)
Permits for vehicles under repair shall be obtained
from the Zoning Administrator.
(2)
Permit fee. The fee for permits shall be that set
by the Council from time to time. The fee shall not be less than $25
nor more than $50, to be collected by the Zoning Administrator.
(3)
More than one vehicle. A separate permit, and fee,
for each vehicle under repair shall be required.
B.
Title and inspection required. An owner of a vehicle
under repair may make application for a permit for a vehicle under
repair by applying in person to the Zoning Administrator, and presenting
the original title certificate for the vehicle in the name of the
owner and permitting same to be inspected by the Zoning Administrator.
It shall not be sufficient, and a permit may not be issued to the
owner upon a bill of sale, or upon a title certificate in the name
of a previous owner, even though duly assigned and transferred to
the applicant.
C.
Application information required. An applicant shall
complete any forms or documents requested by the Zoning Administrator,
and shall supply the following information:
(1)
The make, model, color, serial number, and certificate
of title number of the vehicle.
(2)
The name and present address, and driver's license
soundex number of owner.
(3)
The location where the vehicle is stored, and the
location, if different, at which repairs will be made.
(4)
If the vehicle has registration tags affixed, the
tag numbers.
(5)
The date when vehicle was purchased by owner.
(6)
The nature of repairs to be made to the vehicle.
(7)
The date when repairs are expected to be completed.
(8)
The expected cost of parts and the number of hours
of labor required to complete the repairs.
D.
Affidavit. An applicant for a permit shall be required
to make an affidavit under oath and under penalty of perjury that
the information supplied in the application for permit is true and
correct, that the owner's purpose in keeping the vehicle is for repairs,
that it is the intention of owner to repair and restore the vehicle
to operating condition.
E.
Display of permit on vehicle. The permit for a vehicle
under repair shall be conspicuously displayed on the vehicle by taping
the permit to the inside of either the windshield on the driver's
side or the driver's door window, such that the face of the permit
faces outward.
A.
It shall be unlawful to park any junk vehicle or vehicle
under repair or unlicensed vehicle upon any public road or public
property.
B.
A recently purchased vehicle for which application
to the State Motor Vehicle Administration for valid registration tags
has been made may be parked on a public road where otherwise lawful,
if the owner does not have available off-street parking, and the owner
notifies the Town Police Department of the need to park such vehicle
on the public roadway in advance.
C.
Maximum time. In no event shall an unlicensed vehicle
be parked upon a public roadway for more than 30 days.
A.
Notification of violation. When it is believed that
a motor vehicle is being kept on property within the Town of Sykesville
in violation of this chapter, notice shall be given by posting same
on the vehicle in question, or by delivery to any dwelling home or
occupied building on the property in question, which notice shall
be effective on the date posted or delivered.
B.
Correction of violation.
[Amended 6-11-2007 by Ord. No. 268]
(1)
The owner of the vehicle in question, or the property
owner, shall have 10 days from the effective date of notice to remove
the vehicle in question, or to apply to the Zoning Administrator for
a vehicle-under-repair permit.
(2)
In the event that the vehicle in question is not a
junk vehicle, or does not require a permit for a vehicle under repair,
as provided in this chapter, the owner shall, within the ten-day period,
provide satisfactory evidence of same to the Zoning Administrator.
(3)
If the notice of violation is received within the
twenty-one-day grace period for temporarily disabled vehicles, or
the forty-five-day grace period for newly purchased vehicles, satisfactory
proof of same must be made to the Zoning Administrator within 10 days
of the notice of violation. In that event, the notice shall serve
as notice that the vehicle must be licensed and operational by the
end of the grace period, or removed within 10 days of the expiration
of the grace period. Failure to notify the Zoning Administrator within
the ten-day period shall operate as a waiver of the grace period and
shall subject the vehicle and property owner to the penalties which
would apply had the grace period not been provided.
C.
Vehicles to be removed from the Town of Sykesville.
It shall not be a defense to a charge of violation of this section
that the vehicle is removed from the property on which it was kept
at the time of notice of violation, if the vehicle is merely moved
to another location within the Town limits.
D.
Owner of property presumed responsible. For the purposes
of enforcement of this chapter, it is presumed, in the absence of
clear convincing evidence to the contrary, that the owner of property
upon which a motor vehicle is kept has knowledge of the presence of
the vehicle on said property. Where the owner of property is aware
of the presence of the motor vehicle upon his property, it is conclusively
presumed that the vehicle is being kept on said property with the
permission and acquiescence of the property owner. Both the owner
of property and the owner of the vehicle are responsible for violations
of this chapter.
E.
Notice of violation not a waiver. Notwithstanding
any of the provisions of this section, the delivery of notice of a
violation of this chapter and the ten-day period provided for removal
of the vehicle or correction of the violation shall not be construed
as a waiver of any violation of this chapter existing on, prior to
or subsequent to the date of the notice.
F.
Removal of vehicles by Town.
(1)
Any time after the expiration of 10 days after notice
of violation of this chapter, the Town may take possession of and
remove any vehicle in violation of this chapter. Such vehicle is forfeit,
and becomes the property of the Town of Sykesville which may dispose
of same in any manner deemed reasonable.
(2)
Proceeds of disposition. If the disposition of the
vehicle results in monetary proceeds, said proceeds shall be applied
first to the cost of removal and disposal of the vehicle. Disposition
of any proceeds in excess of the costs of removal and disposal of
the vehicle shall be determined by the Town Council, which may return
such excess proceeds to the owner or retain same in the Town treasury.
A.
Violation of § 169-2, 169-3, 169-4
or 169-5 of this chapter shall be a misdemeanor and shall be punishable
of a fine of not more than $100.
B.
In addition to the fine provided in Subsection A, violation of § 169-6 of this chapter by failure to remove any vehicle unlawfully maintained or kept on property within the Town of Sykesville, or to correct such violation within 10 days after written notice as provided for herein, shall be a misdemeanor. Each day that the violation continues shall be a separate offense, and shall be punishable by a fine of $25 for each day after the 10 days that the vehicle remains on property within the Town of Sykesville.
C.
All fines levied hereunder and all charges and expenses
which may be assessed for violation of this chapter shall constitute
a lien on real property of the violator within the Town of Sykesville,
and may be collected and enforced in the same manner as delinquent
property or other taxes.
D.
Subordination to state law. In the event that the
laws of the State of Maryland require a lesser penalty, or prohibit
imposition of the penalties herein provided for violation of a municipal
ordinance, then the penalties for violation of this chapter shall
be the maximum permitted by state law.
E.
Independent provisions. In the event that it be determined
in any court of law or otherwise that any individual provision or
subsection of this chapter is invalid or unenforceable, this shall
not be deemed to affect any other provisions of this chapter, which
shall remain in full force and effect.
