Except as provided in subsection (b) of this section, a dirt bike or unregistered motorcycle or similar vehicle is subject to seizure and forfeiture if it is used in violation of this subtitle. A vehicle may not be forfeited under this subtitle solely because of an act or omission by a person other than the vehicle’s owner committed or omitted while the vehicle was unlawfully in that other person’s possession. Ord. 00-040 Ord. 07-398

A police officer need not have a warrant to seize a vehicle if:the police officer has probable cause to believe the vehicle has been used in violation of this subtitle; and a warrant is not constitutionally required under the circumstances. Whenever a police officer seizes a vehicle under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. A vehicle seized under this subtitle is not repleviable and remains in the custody of the Police Department, subject only to the orders and decrees of the court or official with jurisdiction over it. Ord. 00-040 Ord. 07-398

Promptly after seizure, the Police Department shall notify the City Solicitor in writing of the facts and circumstances supporting the seizure. On receiving the report, the Solicitor shall conduct an independent review of the facts and circumstances surrounding the seizure. If the Solicitor finds sufficient evidence that the vehicle was used in violation of this subtitle, the Solicitor shall notify the vehicle’s owner, by registered or certified mail, of the seizure and of the City’s intent to institute forfeiture proceedings. If, on the other hand, the Solicitor finds that there is insufficient evidence to prove violation, the Solicitor shall surrender the vehicle to the owner on the owner’s request. Ord. 00-040

If the Solicitor determines that the vehicle should be forfeited, the Solicitor shall, within 90 days after the seizure of the vehicle:file a forfeiture petition in a court of competent jurisdiction, in the name of the City against the vehicle, as designated by make, model, year, and motor or serial number; and at the same time, send copies of the petition by registered or certified mail to the owner and any known secured party. The petition for forfeiture shall contain:the name of the registered owners of the vehicle; the name of any secured party whose interest appears among the records maintained by the Clerk of the Circuit Court for Baltimore City; a statement of the facts and circumstances surrounding the seizure of the vehicle; a statement of the specific grounds for forfeiture; and a request that the vehicle be forfeited to the City. Within 7 days of the petition’s filing, the Solicitor shall publish notice of the seizure and forfeiture proceeding in 1 or more newspapers of general circulation in the City. The notice shall:state the substance and object of the forfeiture petition; and state that any person claiming an interest in the seized vehicle must file a defense to the petition within 15 days of the date of the notice. Ord. 00-040 Ord. 08-060

Any defense to the petition must be filed within 15 days after publication of the notice. All defenses to a petition for forfeiture must be made by answer. The answer must:comply with the Maryland Rules of Procedure as to form and contents; be divided into numbered paragraphs, each containing a separate and distinctive averment; and respond to each material allegation contained in the petition, specifically admitting, denying, or explaining the facts alleged, unless the respondent is without knowledge or an admission or explanation would tend to incriminate the respondent, in either of which events the respondent must so state and that statement will operate as a denial. Every allegation in the petition that is not denied in the answer is considered admitted, except as to persons unknown. New or affirmative matter alleged in the answer is considered denied or avoided by the petitioner without the need of any replication, unless the court orders otherwise. Ord. 00-040

If the court determines that the vehicle should be forfeited, the court shall order the vehicle forfeited to the City. If, however, the court determines that the vehicle is subject to a bona fide recorded security interest created without the knowledge that the vehicle was being or was to be used in violation of this subtitle, the court shall order that the vehicle be released within 5 days to the secured party of record. The secured party:shall sell the vehicle in a commercially reasonable manner; and may not sell the vehicle to the owner or other person from whom it was seized. The proceeds of the sale shall be applied as follows:to the court costs of the forfeiture proceedings; to the balance due to the secured party, including all reasonable costs incident to the sale; to payment of all other expenses of the proceedings for forfeiture, including expenses of seizure, maintenance, or custody; and to the general funds of the City. A vehicle that has been ordered forfeited to the City may be:sold as provided in City Code <cite data-path="|31">Article 31</cite>, Subtitle 31, Part 5; transferred to a charitable organization for export abroad, as provided in City Code <cite data-path="|31|§31-58|(c)">Article 31, § 31-58(c)</cite>; or destroyed. Ord. 00-040 Ord. 02-285 Ord. 08-060

If, after a full hearing, the court determines that the vehicle should not be forfeited, the court shall order the vehicle released. Ord. 00-040