Except as otherwise expressly provided in this subtitle, no person may purchase or offer to purchase any personal property by means of an automated purchasing machine. Ord. 13-166

This subtitle does not prohibit the use of an automated purchasing machine exclusively for collecting recyclable materials pursuant to a recycling program approved jointly by the Police Commissioner and the Commission on Sustainability. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Police Commissioner and the Commission on Sustainability may jointly adopt rules, regulations, and standards governing the recyclable materials and recycling programs that may be approved for purposes of this exception. Ord. 13-166 Text Conformed 02/12/21 Ord. 22-125 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed the text of subsection (b) to refer expressly to the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

An automated purchasing machine (“APM”) is subject to seizure and forfeiture if it is used in violation of this subtitle. Ord. 13-166

A police officer need not have a warrant to seize an APM if:the police officer has probable cause to believe the APM has been used in violation of this subtitle; and a warrant is not constitutionally required under the circumstances. Whenever a police officer seizes an APM under this subtitle, the police officer may cause it to be moved to a place designated by the Police Commissioner. An APM 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. 13-166

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 APM was used in violation of this subtitle, the Solicitor shall notify the APM’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 APM to the owner on the owner’s request. Ord. 13-166

If the Solicitor determines that the APM should be forfeited, the Solicitor shall, within 90 days after the seizure of the APM:file a forfeiture petition in a court of competent jurisdiction, in the name of the City against the APM, as designated by the APM’s type, manufacturer, model number or name, color, size, and serial number; and at the same time, send copies of the petition by registered or certified mail to the APM’s owner and any known secured party. The petition for forfeiture shall contain:the name of the APM’s owner; 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 APM; a statement of the specific grounds for forfeiture; and a request that the APM 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 APM must file a defense to the petition within 15 days of the date of the notice. Ord. 13-166

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. 13-166

If the court determines that the APM should be forfeited, the court shall order the APM forfeited to the City. If, however, the court determines that the APM is subject to a bona fide recorded security interest created without the knowledge that the APM was being or was to be used in violation of this subtitle, the court shall order that the APM be released within 5 days to the secured party of record. The secured party:shall sell the APM in a commercially reasonable manner; and may not sell the APM 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. Ord. 13-166

If, after a full hearing, the court determines that the APM should not be forfeited, the court shall order the APM released. Ord. 13-166

A person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a fine of not more than $500 or imprisonment for not more than 6 months or both fine and imprisonment for each offense. Each transaction in violation of this subtitle is a separate offense. Ord. 13-166