Title
Clarification of Parking and Impounding Violation Citations - For the purpose of clarifying that parking citations are not limited to paper notices placed on vehicles; copyediting and reforming the section to current legislative writing standards; and generally dealing with failure to pay parking fines.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 3-25
Introduced by: Mayor Buckley
Referred to:
Transportation Committee
AN ORDINANCE concerning
Clarification of Parking and Impounding Violation Citations
FOR the purpose of clarifying that parking citations are not limited to paper notices placed on vehicles; copyediting and reforming the section to current legislative writing standards; and generally dealing with failure to pay parking fines.
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2025 Edition:
12.20.240
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 12 - VEHICLES AND TRAFFIC
Chapter 12.20 - Stopping, Standing and Parking
Section 12.20.240 - Failure to pay parking fine.
A. In all cases of parking or impounding violations, the police officer, parking enforcement officer or the authorized agent who discovers a vehicle illegally parked in the absence of the operator, shall attach a summons to the vehicle in a conspicuous place, or if the operator is present, deliver the summons to the operator. A copy of the summons shall be retained by the officer or the authorized agent, and shall bear certification under penalty of perjury by the officer or the authorized agent attesting to the truth of the matter set forth in the summons. A violator who posts the collateral as set forth on the summons forfeits the collateral on the date of the stated hearing. All fines, penalties or forfeitures for the violation of parking and impounding ordinances, laws or regulations shall be paid directly to the authorized agent in uncontested cases.
B. If the person summoned desires a hearing, that person shall provide the authorized agent written notice of the desire for a hearing at least five days prior to the date of hearing as set forth in the summons. Upon receipt of the notice of desire for a hearing, the authorized agent shall forward to the district court a copy of the citation and a copy of the notice from the person who received the citation indicating the person's desire for a hearing. When notice of a desire for a hearing is given, the person summoned also shall provide written notice to the authorized agent that the person desires the presence of the officer or the authorized agent who issued the summons at the time of the hearing. If the person summoned does not notify the authorized agent that the person desires the presence of the officer or the authorized agent at the time of the hearing, it is not necessary that the officer or the authorized agent who issued the summons appear, and the copy of the summons bearing the certification by the officer or the authorized agent shall be prima facie evidence of the matters set forth in the summons.
C. Failure to pay the parking fine in a timely manner is subject to a fine as established by resolution of the City Council.
D. The Chief of Police or the authorized agent shall cause notice of the provisions of this section to be printed clearly and in a conspicuous place on all summonses for parking and impounding violations used, subject to provisions of this chapter and Chapters 12.24 and 12.32.
E. No summons shall be issued setting a trial date less than fifteen days from the date of the offense.
A. Parking and Impounding Violations.
1. Authority to Issue.
a. When a police officer, parking enforcement officer, or authorized agent discovers a vehicle illegally parked and the operator is not present, they shall issue a citation in a form prescribed by the City or the authorized agent.
b. The officer or authorized agent must keep a copy of the citation and summons and include a certification, under penalty of perjury, affirming the truth of the information stated on the citation.
2. Paying the Penalty.
a. Failure to timely pay the parking fine associated with the citation shall subject the cited vehicle owner to an additional fine as established by annual resolution of the City Council.
b. All fines, penalties, or forfeitures for violations of parking and impounding ordinances, laws, or regulations shall be paid directly to the authorized agent.
B. Contesting the Citation.
1. If the owner of the vehicle on which the citation was issued wishes to contest the citation, they shall:
a. Provide written notice to the authorized agent at least 10 days before the scheduled hearing date specified on the citation; and
b. Inform the authorized agent in writing that they would like the officer or authorized agent who issued the citation to be present at the hearing.
2. If the owner of the cited vehicle does not inform the authorized agent of their request to contest the citation, then it is not required for that officer or authorized agent to attend. In these instances, a copy of the citation and summons certified by the officer or authorized agent will be accepted as prima facie evidence of the claims stated in the citation.
3. Upon receiving the notice requesting a hearing, the authorized agent shall forward a copy of the citation and the person's notice of desire for a hearing to the district court.
C. The Chief of Police or their authorized agent shall ensure that the provisions of this section are prominently displayed on all parking citations and impounding violations in accordance with this chapter and Chapters 12.24 and 12.32.
D. No trial date shall be scheduled less than 15 days after the date of issuance of the citation.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.