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Town of Smithsburg, MD
Washington County
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For the purpose of this article, the terms used herein are defined as follows:
DISABLED
Incapable of moving under its own power.
JUNK MOTOR VEHICLE
Any motor vehicle which does not have lawfully affixed thereto both an unexpired registration plate or plates and a current motor vehicle safety inspection certificate and the condition of which is wrecked, disabled, dismantled, partially dismantled, inoperative, abandoned or discarded.
PERSON
Any person, firm, partnership, association, corporation, company, or organization of any kind.
PRIVATE PROPERTY
Any real property within the Town which is privately owned and which is not public property as defined in this section.
PUBLIC PROPERTY
Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel and shall also mean any other publicly owned property or facility.
REGISTERED OWNER or ACTUAL OWNER
The owner of the vehicle as "owner" is defined in § 11-143 of the Transportation Article of the Annotated Code of Maryland.
UNLICENSED
Not having the proper registration plate or plates as required by the laws of the State of Maryland.
VEHICLE
Any device in, upon or by which any individual or property is or might be transported upon a highway.
WRECKED
The vehicle is damaged to the extent that the cost of repairing the vehicle would be more than the market value of the vehicle in its damaged condition.
A. 
It shall be unlawful to park, store or leave or permit the parking or storing of any motor vehicle of any kind, for a period of time in excess of 30 days, upon any public or private property within the Town which is in a rusted, wrecked, junked, discarded, disabled, dismantled, partially dismantled, inoperative, or abandoned condition or is otherwise a junk motor vehicle as defined in this article, whether attended or not, unless the same is completely enclosed within a building, or unless it is in connection with the business enterprise of a wrecker or scrap processor lawfully situated and licensed for the same.
B. 
It shall be the duty of the registered owner or actual owner of any such vehicle in violation of the provisions of this article, and it shall also be the duty of the owner of the private property, or the lessee or other persons in possession of any private property upon which any such vehicle is located, to remove the same from said property or to have the same completely housed within a building.
A. 
It shall be the duty of the Mayor and Council, or its designee or authorized representative, to give written notice of code violation to the registered owner, if known or reasonably ascertainable, of any motor vehicle found to be in violation of the provisions of this article or, as an alternative, to give notice to the owner or lessee of the private property upon which such motor vehicle is situated. Said notice shall demand that the same be removed from the Town or properly housed within the Town within 72 hours and shall be delivered in person or by registered mail with return receipt requested.
B. 
If, following proper delivery of the notice aforesaid in the manner as hereinabove required, the party upon whom notice has been served fails to comply with the same, said party shall be guilty of a misdemeanor and shall, upon conviction thereof before the appropriate officials, be punished by a fine or imprisonment in accordance with the provisions of the Town Charter and other applicable laws. Each day of such violation shall constitute a separate offense.
C. 
As an alternate procedure, the Mayor and Council, after having delivered notice as hereinabove required, and after having waited for 72 hours, may cause the offending vehicle or vehicles to be removed by a commercial tow truck to a commercial garage, auto-wrecking yard or other suitable place for disposal. The Town may thereafter file a civil action in the appropriate court against the party upon whom the notice aforesaid was served in order to recover the cost of removing and storing said vehicle or vehicles and also to recover the costs of court.
D. 
In the event that the vehicle in violation of the provisions of this article is located upon public property, the Mayor and Council, after having delivered notice as hereinabove required, and after having waited for 72 hours, may cause the offending vehicle or vehicles to be removed by a commercial tow truck to a commercial garage, auto-wrecking yard or other suitable place for disposal. The Town may thereafter file a civil action in the appropriate court against the party upon whom the notice aforesaid was served in order to recover the cost of removing and storing said vehicle or vehicles, plus costs of court.
E. 
In the event that notice is given and the offending vehicle is relocated, in response to the giving of notice pursuant to this article, to a location within the Town on either public or private property, without that vehicle being completely housed within a building, the Mayor and Council may cause the offending vehicle to be removed by a commercial tow truck to a commercial garage, auto-wrecking yard or other suitable place for disposal without further notice. The Town may thereafter file a civil action in the appropriate court against the party upon whom the notice aforesaid was served in order to recover the cost of removing and storing said vehicle or vehicles, plus costs of court.