[HISTORY: Adopted by the Mayor and Council of the Town of Sykesville 5-12-1980 by Ord. No. 114. Amendments noted where applicable.]
Terms defined. As used in this chapter, the following terms shall have the meanings indicated:
- (1) 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:
- (a) The windshield is broken or has been removed.
- (b) The vehicle is being stripped or used for parts.
- (c) The engine will not start.
- (d) The transmission will not operate sufficiently to propel the vehicle at roadway speeds.
- (e) Any of the doors are removed.
- (f) More than 30% of the window glass other than the windshield is broken or removed.
- (g) The hood or trunk lid has been removed or is detached and inoperable.
- (h) The driver's seat has been removed or is present in the vehicle but not firmly attached to it.
- (i) Any of the wheels or tires have been removed.
- (j) The steering wheel has been removed or does not operate.
- (k) Both headlights are inoperable.
- (l) 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.
- (m) 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.
- (2) Junk vehicle shall not include any farm equipment or vehicle in operating condition actually used in farming operations.
- (3) 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.
- (4) 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.
- LICENSED MOTOR VEHICLE
- 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.
- VEHICLE UNDER REPAIR
- 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.
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.
Permit required; emergency repairs on streets.
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.
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]
Grace periods for certain vehicles.
[Amended 11-14-1988 by Ord. No. 163; 6-11-2007 by Ord. No. 268]
Separate permits for each vehicle; fee.
Permits for vehicles under repair shall be obtained from the Zoning Administrator.
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.
More than one vehicle. A separate permit, and fee, for each vehicle under repair shall be required.
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.
Application information required. An applicant shall complete any forms or documents requested by the Zoning Administrator, and shall supply the following information:
The make, model, color, serial number, and certificate of title number of the vehicle.
The name and present address, and driver's license soundex number of owner.
The location where the vehicle is stored, and the location, if different, at which repairs will be made.
If the vehicle has registration tags affixed, the tag numbers.
The date when vehicle was purchased by owner.
The nature of repairs to be made to the vehicle.
The date when repairs are expected to be completed.
The expected cost of parts and the number of hours of labor required to complete the repairs.
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.
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.
It shall be unlawful to park any junk vehicle or vehicle under repair or unlicensed vehicle upon any public road or public property.
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.
Maximum time. In no event shall an unlicensed vehicle be parked upon a public roadway for more than 30 days.
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.
Correction of violation.
[Amended 6-11-2007 by Ord. No. 268]
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.
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.
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.
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.
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.
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.
Removal of vehicles by Town.
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.
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.
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.
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.
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.
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.
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.