A.
Any unattended vehicle found parked upon any City street, alley or
public parking lot within the City may be removed, conveyed or impounded
by, or under the direction of, any police or parking enforcement officer,
without first giving prior notice and an opportunity for a hearing
to its owner, by towing such vehicle to a garage or vehicle storage
area, under the following circumstances:
(1)
When the vehicle is illegally parked and is impeding or is likely
to impede the normal flow of vehicular or pedestrian traffic; or
(2)
When the vehicle is illegally parked in any zone that has been limited
to designated classes of vehicles or where parking is prohibited during
certain hours, on designated days or at all times, and where such
vehicle is interfering with the proper and intended use of such zones;
or
(3)
When the vehicle imposes an immediate danger to the public safety
or jeopardizes the public welfare; or
(4)
When a police officer or code enforcement officer has probable cause
to believe that the vehicle is stolen; or
(5)
When a police officer has probable cause to believe that the vehicle
constitutes evidence of a crime or contains evidence of a crime, if
impoundment is reasonably necessary in such instance to obtain or
observe such evidence; or
(6)
When the operator of the vehicle has been taken into custody and
impoundment of the vehicle is reasonably necessary to provide for
the safekeeping of the vehicle; or
(7)
When the vehicle is both:
(a)
Abandoned and does not contain license plates or other such
identification; and
(b)
Located on any public street, highway, roadway, shoulder, other
public property or public utility right-of-way, provided that any
impoundment from public property must be at the direction of the Police
Department or Code Enforcement Department; or
(8)
When a vehicle is parked in a fire lane or on a snow emergency route.
B.
In accordance with City Code § 110-80, an officer who removes a vehicle from a street or other area as authorized shall have the duty of informing the owner of such impounded vehicle by giving notice of the violation as soon as is reasonably possible after the vehicle has been so impounded, provided the officer is able to ascertain from information available who the owner is and the owner's correct address.
A.
Any unattended vehicle found parked upon any street, alley or public
parking lot within the City may be immobilized by a vehicle immobilization
device, commonly referred to as a "boot," by any agent so authorized,
if the City has in its files information that the vehicle has two
(2) or more citations for which the appropriate fine has not been
paid, or if two (2) or more citations have been issued for the same
violation of this chapter within seven (7) consecutive days. If the
make of the vehicle is such that it will not allow the correct connection
or proper use of the immobilization device, then the vehicle may be
impounded in lieu of immobilization.
B.
A vehicle immobilization device (boot) shall be removed from a vehicle or an impound release form issued only upon payment of the appropriate fine for all parking violation notices which that vehicle has received, along with any late fees which have attached to those violations in accordance with § 110-85 of this chapter, and upon payment of an additional boot fee of two hundred dollars ($200.) to defray the City's cost of installing, removing and maintaining the boot.
C.
The City shall not be liable for any damage to the motor vehicle
by the placement of the vehicle immobilization device on such motor
vehicle or its removal. The City further shall not be liable for any
damage to such motor vehicle due to the actions of the owner or any
other person attempting to remove the device or operate such motor
vehicle with such device attached.
D.
If a vehicle of any kind or character is found wrecked, abandoned,
or parked in violation of any law of the state, including registration,
on any street, alley, parking lot, or roadway within the City, such
vehicle may be immobilized using a vehicle immobilization device.
E.
A vehicle that has already been booted may be towed if any of the
following circumstances exist:
The owner or secured party of a vehicle which has been impounded,
or the person's duly authorized agent, may redeem or repossess such
vehicle without a hearing upon submitting proof of ownership and by
paying all towing and storage charges and all of the costs in connection
with the towing and storage of the vehicle, including the cost of
the notice incurred by the City of New Carrollton in connection with
said impoundment, in addition to the payment of all other unpaid parking
tickets or other fees and fines and the acceptance of a traffic summons.
Nothing in this Article shall be construed as
limiting the authority of the City to further regulate parking, vehicles
or traffic.
