[Added 8-2004]
The purpose of this article is to authorize immobilization, towing and storage of vehicles for which unsatisfied parking summonses or citations have accumulated in excess of the number specified in this article.
For the purpose of this article, the following terms are defined as follows:
FIRE LANE
Any path designated for access by emergency vehicles.
HANDICAP or HANDICAP PARKING
Any space designated for the use of a vehicle displaying the proper stickers on the license tag, etc., as specified by Maryland law.
MAYOR AND COUNCIL
The Mayor and Council for the Town of Smithsburg, Maryland.
NO-PARKING ZONE
A vehicle is prohibited from parking in the defined area.
OPERATOR
A driver of a vehicle.
PERSON
Any individual, firm, association, joint venture, partnership, estate, trust, corporation, group, state officer, or unit of federal, state, county or municipal government, and all other associations and combinations, whether public or private.
RESERVED
A space assigned to an individual for his or her use.
SPACE
A parking space within the jurisdictional boundaries of the Town.
STATE
The State of Maryland.
TEMPORARY PARKING SPACE
A space designated for temporary parking with specified limitations.
TOWN
The Town of Smithsburg, a municipal corporation of and a political subdivision of the State of Maryland.
TRAFFIC LANE
Any path designated for vehicle movement.
UNSATISFIED SUMMONSES OR CITATIONS
Parking citations or summonses issued and unpaid pursuant to the parking ordinances and/or regulations of the Town of Smithsburg.
VEHICLE IMMOBILIZATION EQUIPMENT
A parking enforcement device that prohibits the movement of a vehicle through the use of a locking mechanism attached to the wheel of the vehicle or other similar equipment.
When any vehicle is found parked or moving at any time on any street in the Town of Smithsburg, against which there are three or more unsatisfied or unpaid summonses, citations or parking violations, and when at least 30 days have elapsed since the issuance of the third unsatisfied summons, citation or parking violation, the Town of Smithsburg, through its duly authorized officials, is hereby authorized and empowered to remove or cause to be removed said vehicle by towing, conveying or in any other manner and to impound said vehicle in a place designed by the Smithsburg Police Department, or immobilize said vehicle in some way with vehicle immobilization equipment in such a manner as to prevent its removal or operation except by authorized personnel of the Town of Smithsburg. The removal, conveyance or immobilization of the vehicle shall be by or under the direction of the Smithsburg Police Department.
The owner of an immobilized vehicle, or other duly authorized person, shall be allowed not less than 24 hours from the time of immobilization to repossess or secure the release of the vehicle. Failure to repossess or secure the release of the vehicle within this time period may result in the removal of such vehicle to a storage area for safe keeping under the direction of the Smithsburg Police Department.
Whenever a vehicle has been impounded pursuant to the provisions of this article, notice of the impoundment, removal and storage of said vehicle shall be mailed within 24 hours (excluding Saturdays, Sundays and holidays) by registered or certified mail to the last registered owner of the vehicle at the last address shown for that owner on the applicable registration records, if known. The notice shall contain at least the following information:
A. 
A complete description of the vehicle, including the year, make, model and vehicle identification number.
B. 
A statement that the vehicle has been impounded pursuant to the provisions of this article and the exact location of the facility where the vehicle is held.
C. 
The statement that the owner has the right to reclaim the vehicle. The last date for reclamation shall be 30 days after mailing of the notice. In order to reclaim the vehicle, the owner has to make full payment of all the outstanding fines and penalties which caused the impounding of the vehicle, plus all the towing, preservation and/or storage charges resulting from impounding the vehicle.
D. 
Notice that the failure of the owner to exercise his right in the time provided shall be considered a waiver of all rights, title and interest in the vehicle and be considered consent to the sale of the vehicle at public auction.
The registered owner of a vehicle having against it three or more violations as set forth herein shall be presumed to be the driver and owner of the vehicle at the time the summons, citation for parking violation or any other legal process was issued and shall be severally responsible for the offenses and the costs of the impoundment, including immobilization fees and costs, except where the use of the vehicle was obtained by the operator without the owner's consent.
A. 
Time. The owner shall have a right to contest the impoundment of the vehicle by requesting a hearing. The hearing shall be conducted within two days, excluding Sundays and holidays, from the day the owner files an application for a hearing with the Town Clerk-Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Hearing officer. The hearing officer is the following: the Board defined in § 271-7 of the Town Code. Appeals shall be governed by § 271-11.
[Amended 3-2-2010]
C. 
Procedure.
(1) 
The hearing shall be held in an informal manner.
(2) 
The findings of the hearing officer shall be in writing. A copy of the same shall be furnished to the owner and any other interested party.
(3) 
If it is determined by the hearing officer that the vehicle should not have been impounded, the owner shall not be required to pay the towing, storage and preservation charges provided for under this article to secure the release of said vehicle, and if the charges were paid prior to the hearing, a refund shall be made to the owner who paid said charges in order to have the vehicle released.
(4) 
The decision of the hearing officer shall not have any effect on or be considered a determination of the outstanding unsatisfied summonses, citations or any other legal processes against the vehicle impounded. This article is not intended to alter, change, or modify any right which the owner may have to a hearing in the District Court for Washington County, Maryland, on any citations or summonses.
The owner of a vehicle impounded through the utilization of vehicle immobilization equipment shall be responsible for a fee in addition to all other fees and expenses pursuant to this article, other than in an instance or case of erroneous immobilization. The fee is as follows:
A. 
For a vehicle reclaimed prior to 3:30 p.m. during any nonholiday Monday to Friday weekday, a fee of $25.
B. 
For a vehicle reclaimed after 3:30 p.m. during any Monday to Friday weekday, or during any weekend or any holiday, a fee of $60.
A vehicle impounded pursuant to this article will be released to its lawful owner (or person entitled to possession) upon a showing of adequate evidence of a right to its possession and upon payment of all accrued fines and costs for each outstanding parking citation or summons against said vehicle or the depositing of the same with the Town Clerk-Treasurer pending the outcome of said hearing and trial in the District Court of Maryland on the outstanding citations and charges. In addition thereto, the charges for immobilization and impounding, as set forth herein, shall be paid or deposited as aforesaid prior to said release.
A. 
If, following a trial in the District Court of Maryland or other tribunal, a not guilty verdict is entered upon any of the parking violation charges against the stored vehicle, notwithstanding the ruling of the hearing officer with respect to the impounding of the vehicle, all charges advanced which were charged by virtue of the impounding, including the collateral advanced for the violations upon which a not guilty verdict was entered, shall be returned to the person who advanced such sums upon presentation of the official receipt issued at the time said vehicle was released. For the purposes of this section, a "nol-pros" or "probation before judgment" result is not a not guilty verdict.
B. 
It is further provided that if, as a result of the Court's decision, the number of violations charged against the vehicle previously impounded is reduced to fewer than three, and provided that no refund has previously been made, all impoundment or immobilization fees and charges shall be returned to the person who advanced such fees upon presentation of the official receipt issued at the time said vehicle was released.
A. 
Whenever any vehicle impounded pursuant to the provisions of this article shall remain unclaimed by the owner or other persons legally entitled to possession thereof for a period of 30 days from the date that a notice to the owner was mailed as set forth herein, the Town may sell such vehicle at a public auction in accordance with the provisions of Title 25 of the Transportation Article of the Annotated Code of Maryland.
B. 
The proceeds of the sale shall be applied in the following order:
(1) 
Satisfaction of any liens of record.
(2) 
Payment of expenses of giving notice and advertising and holding the same, including reasonable attorneys' fees.
(3) 
All storage, towing, impoundment, immobilization and preservation charges.
(4) 
All fines and administrative charges outstanding against the owner of the vehicle impounded under this article.
(5) 
The balance to the registered owner of the vehicle and lienholder of record, if applicable.
This article may be cited as the "Smithsburg Vehicle Impoundment and Immobilization Ordinance."