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.

Sec. 31-63. Sales of abandoned, etc., vehicles-Procedure generally.

   Whenever any motor vehicle or part thereof is in the custody of the department of police and whenever the owner or person entitled to the possession thereof cannot be located and fails to claim such motor vehicle or part thereof for a period of sixty (60) days after such motor vehicle, or part thereof, came into the custody of the division, the same may be disposed of by the county executive, at public sale, at some time and place which shall be convenient and accessible to the public, provided, that an advertisement of the time, place and terms of the sale, together with a full, detailed description of such motor vehicle, or part thereof, shall be inserted in at least one (1) newspaper of general circulation in the county, at least once each week for two (2) successive weeks prior to the sale; provided, further, that a notice by registered mail shall be sent at least ten (10) days prior to the sale to the owner and lien holder, if any, shown on the records of the commissioner of motor vehicles, or the person entitled to the possession of such motor vehicle or part thereof, if his address be known, or if it can be ascertained by the exercise of reasonable diligence. If such address cannot be ascertained then such notice shall not be required. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-64. Same-Evidence of title.

   A sales receipt as prescribed or approved by the Motor Vehicle Administration of Maryland shall be issued to each purchaser of any such vehicle sold and said receipt shall constitute sufficient evidence of title to any motor vehicle so sold, in order to enable any such purchaser to obtain a certificate of title and registration from the Motor Vehicle Administration of Maryland. (1978 L.M.C., ch. 7, § 2.)

Sec. 31-65. Same-Disposition of proceeds; payment of liens, etc.

   After payment of the expenses of any sale held pursuant to section 31-63 and the amount of storage, transportation and other administrative costs incurred by the county on account of the motor vehicle or part thereof sold at such sale and after payment of any outstanding traffic or parking violations against such vehicle and all liens filed against the motor vehicle or part thereof, the balance, if any, received by the county at any such sale shall be held by the director of finance for a period of ninety (90) days from the date of such sale. The director of finance shall pay such balance to any person who shall file his verified claim prior to the expiration of such period establishing that he is the owner or person entitled to the possession of such motor vehicle. If no such claim is filed within such period, the balance shall be transferred to the police relief and retirement fund of the county. (1978 L.M.C., ch. 7, § 2.)