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This article shall apply to the administration and enforcement of the provisions and regulations of this chapter and to the assessment of penalties and the collection thereof by the county for violation of said provisions and regulations. Unless otherwise provided, this article shall also apply to the collection by the county of any fines, penalties, costs or other charges which may be assessed pursuant to any other provision or regulation contained elsewhere in this Code relative to the unlawful parking of a vehicle. (1978 L.M.C., ch. 7, § 2.)
(a) Authority of County Council. The Council must set by Council resolution adopted as provided in Section 2-57A a schedule of fines or other penalties for violations of this Chapter, except that:
(1) the fine for parking in a fire lane must not exceed $250;
(2) the fine for violating restrictions on parking in a space reserved for individuals with disabilities must not exceed $250; and
(3) other fines and penalties must not exceed those imposed for a class B violation;
(b) Authority of County Executive. The County Executive may:
(1) adopt regulations under method (3) to administer this Chapter, including regulations that govern the collection of fines, penalties, costs, and other charges;
(2) waive a fine, penalty, cost, or other charge when:
(A) there has been a material error in the preparation of a notice of violation; or
(B) the fine, penalty, cost, or other charge has been improperly assessed;
(3) if a claim for a refund is made within 1 year after payment, refund the amount of any over payment of a fine, penalty, cost, or other charge paid in error or improperly assessed; and
(4) delegate any power, duty, or function necessary to implement this Chapter to any agent, representative, or employee of the County.
(c) Signs. Any sign marking a fire lane or space reserved for individuals with disabilities installed after May 31, 1994, should include the amount of the fine for illegally parking in the lane or space.
(d) Waivers and refunds. The Director of Transportation must submit a quarterly report to the County Executive that identifies all fines, penalties, costs, and other charges that have been waived or refunded as authorized under subsection (b)(2) and (3).
(e) Other jurisdictions. The County Executive may enter into a written agreement with the governing body of any municipality or special taxing area to provide central administration and collection of fines and penalties under this Chapter. (1978 L.M.C., ch. 7, § 2; 1983 L.M.C., ch. 22, § 38; 1984 L.M.C., ch. 24, § 36; 1985 L.M.C., ch. 31, § 20; 1986 L.M.C., ch. 22, § 1; 1994 L.M.C., ch. 4, § 1; 2004 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
2004 L.M.C., ch. 16, § 2, states in part: Any fee, charge, or fare in effect when this Act takes effect [July 22, 2004] must remain in effect until amended by Council resolution as provided in Section 2-57, as amended by Section 1 of this Act.
(a) The Director of Transportation must maintain records of and control the issuance of pre- numbered parking violation notices to the Department of Police and other departments authorized by the County Executive to enforce the law relative to illegal parking.
(b) The Director shall maintain receivable files for all parking violation notices issued by the said officers of said agencies and record the final disposition of each notice of violation issued.
(c) All fines, penalties, costs and other charges imposed by this chapter for illegal parking violations shall be payable to Montgomery County, Maryland and the Director shall administer and collect all such charges in accordance with the written regulations imposed by the county executive and by this chapter.
(d) Upon receipt of notification that the recipient of a notice of violation intends to stand trial for said offense, the Director shall notify the court and forward such records as necessary to conduct said trial. In addition, notice shall also be given to the officer who issued said notice of violation to advise said officer that his presence at the trial has been requested by the defendant.
(e) The Director may, in accordance with the procedures prescribed by the state motor vehicle administration and state law, give or cause to be given notice to said administration of all vehicles registered by the state and the subject of any outstanding and past due parking violation of this Code and request that the administration refuse registration or transfer of registration of the subject vehicle, until notified by the county that said violation has been satisfied.
In such cases, the Director of finance may impose an additional cost of ten dollars ($10.00), or as may be otherwise established from time to time by the county executive by executive regulation adopted under method (3) of section 2A-15 of this Code, for each registration withheld; and the owner of the vehicle shall be subject to payment of such costs, and all other fines, penalties and charges before notice is given to the administration that the subject violation has been satisfied and the registration is released. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36; 2006 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
(a) Parking enforcement officers, appointed under the regulations of the county personnel board and so designated by the county executive and appropriately uniformed so as to be identified as enforcement officers, are authorized to patrol designated areas of the county for the purpose of enforcing the provisions of this chapter. Such officers have concurrent jurisdiction with the police officers of the county as to the enforcement of all parking, use and conduct provisions and regulations applicable to county streets, highways, alleys, public parking facilities and other property of the county and to privately owned public parking facilities when such facilities are regulated by county traffic orders; except that, such officers shall not have concurrent jurisdiction or authority with police officers of the county to enforce any provision of this chapter relative to moving motor vehicle violations.
(b) Parking enforcement officers shall have the power to issue a notice of violation to any motor vehicle or other vehicle owner or operator when such person’s vehicle is found parked in violation of any provision of this chapter, and to issue a summons to appear before a judge of the district court to any person violating any provision or regulation of this chapter.
(c) Such officers are further empowered to temporarily restrict motor vehicles from parking in any public parking space in the event of an emergency, public assembly, street or public parking facility cleaning or maintenance operation or for any other public purpose.
(d) Such officers are empowered to impound or immobilize motor vehicles as provided in this chapter.
(e) Such officers are authorized and empowered to require any person found violating or suspected of having violated any provision of this chapter to present personal identification in the form of a motor vehicle operator’s permit and motor vehicle registration or other suitable identification for the purpose of obtaining such person’s name and address, proof of vehicle ownership or other information as may be required by the district court when charging said person with a violation of this chapter.
(f) Such officers are further empowered to direct the owner or operator of any motor vehicle or trailer involved in or the subject of three (3) or more outstanding past-due violations of this chapter, to present identification as provided in the preceding section and to report immediately to the nearest collection agency and pay all outstanding and past due fines, penalties and costs assessed pursuant to violations of this chapter in lieu of said officer impounding or immobilizing the subject vehicle for such outstanding and past due violations. Any person failing to report to the collection agent for payment of delinquent fines as directed by a parking enforcement officer shall be subject to arrest or being issued a summons to appear in court as provided in section 31-59 of this chapter.
(g) It shall be unlawful for any person to fail to obey or comply with a lawful order of a parking enforcement officer. (1978 L.M.C., ch. 7, § 2.)
Editor’s note—See County Attorney Opinion dated 4/7/03 citing the section in a discussion of the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance.
(a) Any police officer, or other authorized person designated by the county executive, finding a vehicle parked in violation of this chapter shall prepare a notice of violation to the owner or operator of said vehicle on a form prescribed by the county and shall attach said notice to the subject vehicle.
(b) Said notice of violation shall report:
(1) The vehicle identification by registration state and number.
(2) The section of this Code said vehicle was parked in violation of.
(3) The date, time and location of said violation.
(4) The amount of fine charged for said violation.
(5) The name of the officer reporting the violation.
(6) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.
(7) In any case involving a vehicle parked at a parking meter after parking time has expired, the parking meter number shall also be reported.
(c) Each notice of violation shall instruct the owner or operator, or either of them, to pay within 15 days to the Department of Transportation as penalty for the violation, the fine specified by Council resolution under this Article, or to give written notice, within 15 days, to the Department, of the owner or operator’s intention to stand trial for the violation in the District Court.
(d) It shall be the duty of each police officer or other authorized person to report each such violation to the Department immediately or as soon thereafter as possible.
(e) The notice and report as provided in this section shall bear corresponding serial numbers. All notices assigned for issuance by police officers or other persons shall be reported and fully accounted for by the respective officer or person to whom the notices were assigned and any missing notices or reports shall be immediately reported to the Department and documented by such officer or person. (1978 L.M.C., ch. 7, § 2; 2006 L.M.C., ch. 4, § 1; 2008 L.M.C., ch. 5, § 1.)
Editor’s note—See County Attorney Opinion dated 4/7/03 citing the section in a discussion of the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance.
2008 L.M.C., ch. 5, § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.
It shall be the duty of each police officer of the county or other authorized person so designated by the county executive to charge uniformly and consistently the official fine as established by written regulation and provided for in the preceding sections, for violation of each respective parking regulation and provision of this chapter. (1978 L.M.C., ch. 7, § 2.)
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