Explanation: Capitals indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* Warning: This is an unofficial, introductory copy of the bill.
The official copy considered by the City Council is the first reader copy.
Introductory*
City of Baltimore
Council Bill
Introduced by: Councilmember Dorsey
A Bill Entitled
An Ordinance concerning
title
Transit and Traffic - Impoundment or Immobilization - Chronic Offenders
For the purpose of authorizing the Baltimore City Police Commissioner to impound or immobilize the vehicle of a certain person; defining certain terms; and generally relating to chronic offenders of parking ordinances.
body
By repealing and re-ordaining, with amendments
Article 31 - Transit and Traffic
Sections 31-1 and 31-21
Baltimore City Code
(Edition 2000)
Section 1. Be it ordained by the Mayor and City Council of Baltimore, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 31. Transit and Traffic
Subtitle 31. Clear Streets and Impoundment
Part 1. Definitions; General Provisions
§ 31-1. Definitions.
(a) Abandoned vehicle.
“Abandoned vehicle” has the meaning stated in State Transportation Article (“Maryland Vehicle Law”) § 25-201.
(b) Chronic offender.
“Chronic offender” means the owner of a vehicle that, as the result of parking violations, has accumulated $1,000 or more in fines and penalties on the vehicle within a single jurisdiction.
[(b)] (c) Commissioner.
“Commissioner” means the Police Commissioner of Baltimore City or the Commissioner’s designee.
[(c)] (d) Private property.
(1) “Private property” includes all property not included within subsection (d) of this section, where the owner can be readily ascertained by reference to the records of the Bureau of Assessments or elsewhere.
(2) In case:
(i) the owner of property:
(A) cannot be so located; or
(B) if located, is out of the City or cannot be reached by certified mail or does not respond to it; or
(C) otherwise is beyond the jurisdiction of City authorities; or
(ii) the property is apparently abandoned,
then, for the purposes of this subtitle that property is deemed public property included within subsection (d) of this section.
[(d)] (e) Street.
(1) “Street” includes all public ways, streets, lanes, alleys, footways, and public places in the City.
(2) Specifically, it includes publicly-owned vacant lots or public property part of which is vacant.
Part 3. Impoundment or Immobilization for Outstanding Citations
§ 31-21. Impounding or immobilization authorized.
(a) In general.
If an unattended motor vehicle is found parked at any time on any City street and the vehicle has 3 or more unsatisfied citations against it for parking violations, and if a period of 30 days or more has elapsed since the 3rd unsatisfied citation, the Commissioner is authorized to cause that vehicle:
(1) either by towing or otherwise, to be removed or conveyed to and impounded in any place designated by the Director of Transportation; or
(2) immobilized so as to prevent its operation.
(b) Chronic offenders.
(1) If an unattended motor vehicle is found parked at any time on any City street and the owner of the vehicle is identified as a chronic offender by the Department, the Commissioner is authorized to cause that owner’s vehicle:
(i) either by towing or otherwise, to be removed or conveyed to and impounded in any place designated by the Director; or
(ii) immobilized so as to prevent its operation.
(2) For the purposes of this subsection, fines incurred for a violation recorded by a speed monitoring or control system are parking violations, and are added to the cumulative total of fines and penalties an owner of a vehicle has accrued.
(c) [(b)] Method of immobilization.
Except that no such vehicle shall be immobilized by any means other than by the use of a device or other mechanism which will cause no damage to such vehicle unless it is moved while such device or mechanism is in place.
(d) [(c)] Governing rules.
(1) When the vehicle has been removed and impounded pursuant to the provisions of this section, it shall be subject to the impounding provisions of this subtitle and the penalties applicable thereto.
(2) An immobilized vehicle which is thereafter impounded shall not be subject to the booting fee hereinafter provided for in this subtitle.
Section 2. And be it further ordained, That this Ordinance takes effect on the 30th day after the date it is enacted.