§ 27-4. Procedure for citation, attachment and impoundment.

(a)

For the purpose of this Code, "to park" or "parking" means the standing of a vehicle, whether occupied or not, except temporarily while engaged in loading or unloading merchandise or passengers.

(b)

In the case of all parking violations in the corporate limits of the Town of Cheverly, in the absence of the operator, the town employee shall attach a summons to the vehicle in a conspicuous place. If the operator be present, the summons shall be delivered to the operator.

(c)

In any prosecution involving parking violations, it shall be presumed that the owner of the illegally parked vehicle was the operator of the vehicle. This presumption may be rebutted by the owner establishing to the trier of fact, beyond a reasonable doubt, the true identity of the operator of the vehicle at the time it was illegally parked.

(d)

Any vehicle may be attached or removed and impounded by the town if the vehicle:

(1)

Blocks the flow of traffic on any street;

(2)

Impedes the clearing of snow or other objects or materials from the streets;

(3)

Interferes with the accomplishment of the purposes of any emergency declared under sections 27-10 or 27-11 of the Cheverly Code;

(4)

Is parked so as to obstruct any driveway, alley, sidewalk, photo enforcement device, fire lane or intersection;

(5)

Is parked on any street, alley or other public right-of-way or public place and is an inoperative, or abandoned vehicle as defined in section 18-4.2 of this Code or is reported stolen;

(6)

Has not moved in the public right-of-way for over seventy-two (72) hours after notice to move the vehicle is given;

(7)

Cannot legally be parked on the public rights-of-way within the town;

(8)

Has an outstanding and unpaid Cheverly parking violation more than thirty (30) days overdue; or

(9)

Is in violation of any traffic law, ordinance or regulation and is adversely impacting the common good.

(e)

A vehicle may be impounded or attached by:

(1)

Towing or conveying the vehicle to a place of storage designated by the chief of police or his/her designee, and all expenses incurred in the impoundment will be the responsibility of the owner of the vehicle and any other violator of this section. Impoundment of a vehicle on private property shall require the notices specified herein; or

(2)

Attaching an immobilizing device (commonly called a "boot") to the vehicle, and all expense incurred for the attaching and detaching of the immobilizing device will be the responsibility of the owner of the vehicle and any other violator of this section.

(f)

All expenses, costs and debts arising from the impoundment of a[n abandoned] vehicle will be the responsibility of the owner of the vehicle and the violator, and shall be in addition to any fine for the underlying violation. The police department may use its own personnel, equipment and facilities or use other personnel, equipment and facilities for removing, preserving, storing and disposing of abandoned vehicles.

(g)

The police department will dispose of impounded vehicles in accordance with the Maryland Vehicle Law.

(h)

Before impounding a vehicle on private property, the last registered owner of the vehicle and the owner, agent or tenant of the property will be notified. Notification shall ordinarily be by certified mail, return receipt requested and by posting notice at the property and on the vehicle. The notice shall require the addressee to remove the vehicle within fifteen (15) days or to show cause within fifteen (15) days why it should not be removed, unless the owner, agent or tenant has given prior written permission to remove the vehicle. If, before the impoundment, the VIN number of the vehicle is not visible or the owner of the vehicle cannot reasonably be located, the notice to the vehicle owner may be posted on the vehicle only. As soon after the impoundment of the vehicle as the owner of the vehicle is identified, notice shall be sent to him/her pursuant to this section, which notice shall include the original notice and date of notification, the current location of the vehicle, the date of impoundment, the fees being charged and the person to contact regarding release of the vehicle.

(i)

Vehicles impounded or attached will not be released unless:

(1)

All outstanding citations for the Town of Cheverly have been satisfied unless a timely election for trial has been made for a particular citation and the trial is pending; and

(2)

All administrative and other costs, expenses and fines regarding the citation, storage, impoundment or attachment have been satisfied.

(j)

The administrative expenses incurred for locating the owner/vehicle, for collecting the unpaid money, for attaching and detaching the immobilizing device, and for certified mail and/or newspaper publication will be set by the chief of police in sufficient amount to reasonably compensate the town for its administration and actual costs, not to exceed two hundred dollars ($200.00).

(k)

The administrative fee charged against any violator for the cost of towing and impoundment shall be no more than two hundred dollars ($200.00) per vehicle.

(l)

All other costs for towing or conveying a vehicle for storage, storage costs, and all other costs incurred by the town and as a result of the impoundment shall be additional costs assessed against violators.

(m)

If the vehicle is registered in the State of Maryland, it will be subject to the state's flagging programs until all fines, fees and expenses are paid. The town shall assess no more than a fifty dollar ($50.00) flagging fee.

(Ord. No. O-4-04, 9-9-04; Ord. No. O-7-11, 11-10-11)

Editor's note— Ord. No. O-7-93, adopted Nov. 10, 1993, repealed § 27-4, which enumerated through streets in the city and which was derived from:

Ord. No.	Sec.	Date	Ord. No.	Sec.	Date
20-77	—	11-10-77	4-80	—	9-11-80
21-77	—	12-8-77	5-84	—	12-13-84
1-79	5	2-8-79