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File #: O-3-18    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 12/15/2017 In control: City Council
On agenda: 3/19/2018 Final action: 3/19/2018
Title: Abandoned Vehicles - For the purpose of permitting an authorized agent of the City of Annapolis to exercise limited enforcement authority in the impoundment of abandoned vehicles; establishing a fine for leaving wrecked or nonoperatinginoperable vehicles on public property, streets and highways; and matters generally relating to the abandonment of vehicles.
Sponsors: Elly Tierney
Indexes: Public Safety Committee, Transportation Board, Transportation Committee
Attachments: 1. O-3-18 Abandoned vehicles.pdf, 2. O-3-18 Staff Report.pdf, 3. O-3-18 Fiscal Impact.pdf, 4. O-3-18 Transportation Bd Findings.pdf, 5. O-3-18 Public Safety Cmte Proposed Amendments.pdf, 6. O-3-18 Transportation Cmte Proposed Amendments.pdf, 7. O-3-18 Rodriquez Proposed Amendment.pdf, 8. O-3-18 Tierney Proposed Amendment.pdf, 9. O-3-18 SIGNED.pdf
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
3/19/20181 City Council adopt on second readerPass Action details Meeting details Video Video
3/19/20181 City Council amendment(s) approvedPass Action details Meeting details Video Video
3/19/20181 City Council amendment(s) approvedPass Action details Meeting details Video Video
3/19/20181 City Council amendment(s) approvedPass Action details Meeting details Video Video
3/19/20181 City Council amendedPass Action details Meeting details Video Video
3/19/20181 City Council adopt on third readerPass Action details Meeting details Video Video
3/12/20181 City Council postponePass Action details Meeting details Video Video
3/8/20181 Transportation Committee recommend with amendmentsPass Action details Meeting details Video Video
3/8/20181 Transportation Committee recommend favorablyPass Action details Meeting details Video Video
3/8/20181 Transportation Committee recommend favorablyPass Action details Meeting details Video Video
3/5/20181 Public Safety Committee recommend with amendmentsPass Action details Meeting details Video Video
3/5/20181 Public Safety Committee amendment(s) approvedPass Action details Meeting details Video Video
3/5/20181 Public Safety Committee approvePass Action details Meeting details Video Video
2/12/20181 City Council declare the public hearing closedPass Action details Meeting details Video Video
1/22/20181 City Council declare the public hearing left open  Action details Meeting details Video Video

Title

Abandoned Vehicles - For the purpose of permitting an authorized agent of the City of Annapolis to exercise limited enforcement authority in the impoundment of abandoned vehicles; establishing a fine for leaving wrecked or nonoperatinginoperable vehicles on public property, streets and highways; and matters generally relating to the abandonment of vehicles.

Body

CITY COUNCIL OF THE

City of Annapolis

 

Ordinance 3-18

 

Introduced by: Alderwoman Tierney

 

Referred to

Public Safety Committee

Transportation Committee

Transportation Board

 

AN ORDINANCE concerning

 

Abandoned Vehicles

 

FOR                     the purpose of permitting an authorized agent of the City of Annapolis to exercise limited enforcement authority in the impoundment of abandoned vehicles; establishing a fine for leaving wrecked or nonoperatinginoperable vehicles on public property, streets and highways; and matters generally relating to the abandonment of vehicles.

 

BY                     repealing and re-enacting with amendments the following portions of the Code of the City of Annapolis, 2018 Edition

                     12.44.010

                     12.44.020

                     12.44.030

 

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 12.44 - ABANDONED VEHICLES

 

For enforcement purposes under this title, the Police Chief may delegate his authority to an authorized agent.

 

Section 12.44.010 - Definitions.

 

For the purposes of this chapter, the following words and phrases have the meanings indicated:

 

A.                      "Authorized agent" means the company or legal entity, and its employees, agents and contractors, that has been designated by the city in writing to perform any duties or responsibilities related to enforcement purposes under this title.

 

AB.                     "Property" means any real property which is not a street or highway.

 

BC.                      "Street or highway" means the entire width between the boundary lines of every way publicly maintained.

 

CD.                      "Vehicle" means a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides, and to transport persons or property or pull machinery and shall include, without limitation, automobile, truck, trailer, motorcycle, tractor, machinery, buggy and wagon.

 

E.                     “Inoperable” means any circumstance which causes the vehicle reasonably to appear to not operate.”

 

Section 12.44.020 - Abandonment Prohibited.

 

A.                      No person shall abandon any vehicle as defined by the Maryland Transportation Article, Section 25-201 or its successor on any public property, street or highwayNo person shall leave any vehicle at any place for a time and under circumstances which cause the vehicle reasonably to appear to have been abandoned.

 

B.                     An abandoned vehicle may be impounded by the Police Department or an authorized agent. The costs related to impoundment and recovery shall be borne by the owner of the vehicle and may constitute a lien against the vehicle.

 

C.                      Except as provided in Subsection D of this section, a vehicle that is impounded pursuant to this section may not be released until the Police Department or the authorized agent has verified that the vehicle is not stolen and, except as provided in Subsection D of this section, all outstanding municipal parking fines and applicable impoundment and storage charges have been paid. Any person whose vehicle has been impounded pursuant to this section shall be provided with written notice of the provisions of Subsection D of this section.

 

D.                      Appeal - Hearing.

 

1.                      Any owner who desires to contest the validity of the impoundment of a vehicle, or the amount of any fines, impoundment or storage charges may request a hearing to be held before the Chief of Police. A hearing shall be held by the Chief not later than forty-eight hours following receipt of the written request. The decision of the Chief shall be considered the final administrative remedy.  

 

2.                      No fine, impoundment or storage charges imposed with respect to a vehicle impounded pursuant to this section may be returned or in any way refunded to the owner of the vehicle, except in accordance with the appeal procedures set forth in this subsection.

 

Section 12.44.030 - Wrecked or nonoperatinginoperable vehicles on public property.

 

A.                     No person shall leave unattended any partly dismantled, nonoperatinginoperable, wrecked or junked vehicle on any street or highway, or upon any public property.

 

B.                      In addition to paragraph C of this section, a partly dismantled, nonoperatinginoperable, wrecked or junked vehicle left on any public property, street or highway, may be impounded by the Police Department or an authorized agent. The costs related to impoundment and recovery shall be borne by the owner of the vehicle and may constitute a lien against the vehicle.

 

BC.                     Any person who violates this section, upon conviction, is guilty of a municipal infraction as defined by Chapter 1.20 and subject to a fine as established by resolution of the City Council.

 

SECTION  II:   AND  BE  IT  FURTHER  ESTABLISHED  AND  ORDAINED  BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect 45 days from the date of its passage.

 

EXPLANATION

Strikethrough indicates matter stricken from existing law.

Underlining indicates matter added to existing law.