Sec. 31-56. Owner or operator of illegally parked vehicle to pay fine within fifteen days.

   Each owner or operator notified under the provisions of the preceding section, shall, within fifteen (15) days of time when such notice was issued, pay to the department of finance, as penalty and in full satisfaction of such violation, the sum amount of the fine as specified on such notice. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-57. Failure to pay or comply; penalty in addition to fine.

   (a)   If the owner or operator does not comply with the preceding sections and the instructions provided on a notice of violation within the period prescribed by this Article, the fine for such violation must be increased by an additional penalty set by Council resolution adopted under Section 2-57A.

   (b)   Whenever the Department of Transportation or its agent can find, by reasonable access to state motor vehicle administration registration records, the name and address of the owner, the Department or agent must immediately notify the owner in writing that:

      (1)   the violation is overdue and delinquent,

      (2)   the additional penalty has been added, and

      (3)   the owner’s failure to pay the entire fine and penalty makes the owner subject to the warrant and other penalties provided by this Chapter. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36; 2004 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 4, § 1; 2006 L.M.C., ch. 33, § 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.

Sec. 31-58. Dishonored check charges.

   Whenever any check or draft tendered to the county in payment of any fine, penalty, cost or other charge as provided in this chapter is dishonored by a bank or otherwise returned as uncollectible, a charge 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, may be imposed and added to the amount due in order to defray the cost of its collection. In such cases, the county may require that the total amount due be paid in the form of a certified check or money order. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36.)

Sec. 31-59. Penalty for failure to pay fine or stand trial, when warrant may be issued.

   It shall be unlawful for any owner or operator of a vehicle or any person to fail to satisfy a notice of violation or summons issued to such person or attached to a vehicle owned by such person, fail to stand trial, fail to appear upon receipt of a summons or other written notification directing said person to appear before a judge of the district court and fail or refuse to make payment of fine for notice of violation within the time period specified by any provision of this chapter. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-60. Presumption of reference to illegal parking.

   In any prosecution charging a violation of any provision of this article governing the standing or parking of a vehicle or trailer, proof that the particular vehicle or trailer described in the notice of violation was parked in violation of such provision together with proof that the defendant named in the notice of violation was at the time of such parking the registered owner of such vehicle or trailer shall constitute in evidence a prima facie presumption that the registered owner of such vehicle or trailer was the person who parked or placed such vehicle or trailer at the point where, and for the time during which, such violation occurred. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-61. Duty of police officers and other authorized persons to issue summons to appear.

   (a)   Any police officer or other authorized person designated by the county executive, having observed any person or having been furnished evidence that any person, business or corporation did violate any provision of this chapter, shall prepare a summons to appear before the district court on a form prescribed by the district court and shall present said summons to the person or an officer of the business or corporation charged.

   (b)   The summons to appear shall cite the section of this chapter that said person, business or corporation violated and instruct said person or representative to appear before the district court on a specified date and time, or to pay, on or before the specified court date and time, as penalty and in full satisfaction for such violation, the fine as specified herein, or as shall otherwise be established from time to time by the district court of Montgomery County. It shall be the duty of each police officer or authorized person to report each such violation to the district court immediately or as soon thereafter as possible. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-62. Impounding or immobilizing vehicles after enumerated violations generally.

   (a)   Members of the department of police or any authorized designee of the county executive are hereby authorized to remove a parked or unattended vehicle or trailer from a street, highway, public way, county property or privately owned public parking lot to the nearest police station, garage or other place of safety designated by the department of police or county executive if said vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter.

      (1)   Whenever a vehicle or trailer is removed from a street, highway, public way, county property or privately owned public parking lot as authorized in this chapter and the officer or agent knows or is able to ascertain from the registration records in the vehicle or trailer or the records of the state motor vehicle administration the name and address of the owner thereof, such officer or agent shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor, and the method by which release can be secured. A copy of said notice shall be sent to the department of finance and to the officer or proprietor in charge of the place where said vehicle is being held.

      (2)   It shall be unlawful for any person to remove or permit the removal of a vehicle from the custody of the county without first obtaining authorization from the county, a court order or paying all fines, penalties, costs and other charges associated with the impoundment of said vehicle.

   (b)   Members of the department of police or any authorized designee of the county executive are hereby authorized to immobilize, in such a manner as to prevent its operation, a parked or unattended vehicle or trailer, if such vehicle or trailer has been involved in or the subject of three (3) or more outstanding, past due violations of this chapter except that no such vehicle or trailer may be immobilized by any means other than the use of a device or mechanism that will cause no damage to such vehicle or trailer unless it is moved while such device or mechanism is in place.

      (1)   In any case involving immobilization pursuant to this section, such officer or agent shall cause to be placed on such vehicle or trailer in a conspicuous manner notice sufficient to warn any individual to the effect that such vehicle has been immobilized and that any attempt to move such vehicle might result in damage to such vehicle. Said notice shall further instruct the owner or operator of the procedure to follow to secure release of the vehicle.

      (2)   It shall be unlawful for any person to be found tampering with or removing or attempting to remove the immobilization device without authorization or found removing the warning notice.

   (c)   In any case involving the impoundment or immobilization of a vehicle under this Section, an administrative cost set by Council resolution adopted under Section 2-57A must be charged to the owner or operator of the vehicle, in addition to all outstanding fines and penalties assessed for violations of this Chapter and any towing and storage costs incurred. All such fines, penalties, costs, and charges must be paid to the County before the owner may reclaim or secure the release of the vehicle. (1978 L.M.C., ch. 7, § 2; 1984 L.M.C., ch. 24, § 36; 2004 L.M.C., ch. 16, § 1; 2006 L.M.C., ch. 33, § 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.

   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.