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 3^rd unsatisfied citation, the Commissioner is authorized to cause that vehicle:either by towing or otherwise, to be removed or conveyed to and impounded in any place designated by the Director of Transportation; or immobilized so as to prevent its operation. 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. 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. An immobilized vehicle which is thereafter impounded shall not be subject to the booting fee hereinafter provided for in this subtitle. City Code, 1976/83, art. 31, §90(a), (b)(1) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 15-435

The owner of a vehicle impounded under this Part 3, has the same right to contest the validity of the impoundment by requesting a hearing in the same manner as is provided for owners of vehicles impounded as abandoned under Part 4 of this subtitle, the provisions of which shall also apply to vehicles impounded under this Part 3. The hearing for the owner of a vehicle impounded pursuant to this Part 3 shall be provided within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing. The right to the hearing provided for under this section applies equally to:an owner who elects to be heard prior to payment of any towing or storage charges and posting collateral equivalent to the maximum fines and penalties for unsatisfied parking violation citations; and to an owner who elects to pay such amounts and secure immediate release of the impounded vehicle. City Code, 1976/83, art. 31, §90(b)(2)(1st, 2nd sens.) Ord. 69-343 Ord. 74-768 Ord. 83-864

Posted notice of this right shall be given said owner as provided in Part 4 of this subtitle. Said owner shall also be notified in writing of this right should said owner appear to claim the vehicle impounded and elect to secure immediate release of the impounded vehicle by payment of all charges which have accrued thereon. The application for the hearing shall be filed by the owner of the vehicle impounded under the provisions of this Part 3, and said owner shall be so advised, within 10 days from :the receipt by the owner of the notice posted to such owner; or from the date said owner is notified in writing of his right to said hearing, should said owner appear to claim the vehicle impounded. The owner of an immobilized vehicle which is thereafter impounded pursuant to the provisions of this Part 3 shall be advised that said owner’s right to the hearing provided under this Part shall be deemed to have been waived if said owner:fails to return the application for the hearing within 10 days from the receipt of the notice posted to such owner; fails to return the application for the hearing within 10 days from the date said owner is notified in writing of his right to said hearing should said owner appear to claim the vehicle impounded pursuant to the provisions of this Part 3; or executes a written document waiving said owner’s right to the hearing provided for under this Part 3. City Code, 1976/83, art. 31, §90(b)(2)(3rd, 4th sens.), (3), (4) Ord. 69-343 Ord. 74-768 Ord. 83-864

Applications for a hearing contesting the validity of the impoundment or immobilization under this Part 3 shall be heard to determine:whether or not there were, at the time such vehicle was impounded or immobilized, 3 or more unsatisfied citations for parking violations against such vehicle; and whether a period of 30 days or more had elapsed since the 3^rd unsatisfied citation. The hearing officer may also consider such other relevant facts and circumstances, as he deems necessary, in making a determination as to the validity of the impoundment. City Code, 1976/83, art. 31, §90(c) Ord. 69-343 Ord. 74-768 Ord. 83-864

Whenever a vehicle is immobilized under this Part 3, the Commissioner shall cause to be placed on the vehicle, in a conspicuous manner, a notice sufficient to warn any individual that the vehicle has been immobilized and that any attempt to move the vehicle might result in damage to it. The notice shall also advise the owner or operator:that the vehicle has been immobilized by the City for violations of <cite data-path="|31">this article</cite>; that the owner of an immobilized vehicle has the right to contest the validity of the immobilization at a hearing, to be convened within 72 hours, excluding Sundays and holidays, from the submission of a hearing application; where hearing application forms can be obtained by or requested to be mailed to the owner; how release of the vehicle may be obtained on payment of the booting fee and other charges specified in this Part 3; and that this payment does not affect the owner’s right to a hearing or to contest the validity of the immobilization. City Code, 1976/83, art. 31, §90(d) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 08-049

The owner of an immobilized vehicle may secure release of the vehicle on payment of:a booting fee of $150; and all charges that have accrued on the vehicle, including collateral equivalent to the maximum fines and penalties for all unsatisfied parking violation citations. This payment does not affect the owner’s right to a hearing under this Part 3 nor does it waive the owner’s right to contest the validity of the immobilization. City Code, 1976/83, art. 31, §90(f) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 08-049 Ord. 14-267

The owner of a vehicle immobilized under this Part 3 has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the time said owner files an application for such hearing with a hearing officer. Said owner may also secure a hearing, as provided for herein, within 72 hours, excluding Sundays and holidays, from the time said owner files the application required, before payment of the booting fee and all charges which have accrued thereon by virtue of the immobilization, and before the immobilized vehicle is released. The form of the application shall be prescribed by the Director of Transportation. The application shall be filed within 10 days from:the date the owner has been provided notice of immobilization, as specified in <cite data-path="|31|§31-25">§ 31-25 of this subtitle</cite>; the receipt of written notice to be provided the owner, as prescribed in <cite data-path="|31|§31-28">§ 31-28 of this subtitle</cite>; or the date the owner is notified in writing of his or her right to a hearing if the owner appears to claim the immobilized vehicle. City Code, 1976/83, art. 31, §90(g)(1) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 15-435

Unless the owner of a vehicle immobilized under the provisions of this Part 3 appears to secure release of the vehicle within 24 hours after the vehicle has been immobilized, in addition to the notice given the owner of the vehicle, as provided for under <cite data-path="|31|§31-25">§ 31-25 of this subtitle</cite>, the Director of Transportation shall give the owner written notice, by certified mail within 48 hours after the vehicle has been immobilized, that the owner has the right to contest the validity of the immobilization at a hearing within 72 hours, excluding Sundays and holidays, from the submission of an application. A copy of the application shall be included with the notice posted to the owner. The owner of a vehicle immobilized pursuant to this section shall be advised that said owner’s right to a hearing provided herein shall be deemed to have been waived if said owner:fails to return the application for a hearing within 10 days from the receipt of notice provided for in § 31-25 or within 10 days from the receipt of any certified mail notice sent to said owner; fails to return the application for the hearing within 10 days from the date said owner is notified of his right to said hearing, should said owner appear to claim the vehicle immobilized under this section; or executes a written waiver whereby he waives the hearing provided for under this Part 3. City Code, 1976/83, art. 31, §90(g)(2), (3) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 15-435

Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation shall establish by regulations the procedures for the holding of the hearings provided for under this Part 3. The hearing officers appointed in accordance with the provisions of Part 4 of this subtitle shall receive the applications and conduct the hearings provided for under this Part 3. If it is determined by the hearing officer, after consideration of the criteria prescribed for the hearing as set forth in <cite data-path="|31|§31-24">§ 31-24 of this subtitle</cite>, that the vehicle should not have been immobilized:the owner shall not be required to pay the booting fee provided for under § 31-26 to secure release of said vehicle; or if the booting fee was paid prior to the hearing a refund of said booting fee shall be made to the owner who paid said fee. The hearing officer’s ruling in no way has any bearing on the fine, penalty, or charge imposed by the District Court of Maryland for parking violations. City Code, 1976/83, art. 31, §90(g)(4), (5) Ord. 69-343 Ord. 74-768 Ord. 83-864 Ord. 15-435 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed this section to refer expressly to and reflect 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.

If following trial in the District Court of Maryland or other tribunal, a not guilty verdict is entered upon any of the parking violations charged against the vehicle immobilized, notwithstanding the ruling of the hearing officer with respect to the immobilization of the vehicle, all charges advanced as having accrued upon the vehicle by virtue of its immobilization, including the collateral advanced, for such parking violation upon which a not guilty verdict was entered, shall be returned to the person who advanced such sums upon presentation of the official receipt issued at the time said vehicle was released. It is further provided that if, as the result of the Court’s decision, the number of parking violations charged against the vehicle previously immobilized, is reduced to 2 or less, and provided no refund has previously been made, the booting fee shall also be returned to the person who advanced such fee, upon presentation of the official receipt issued at the time said vehicle was released. City Code, 1976/83, art. 31, §90(h) Ord. 69-343 Ord. 74-768 Ord. 83-864

It shall be unlawful for any person:to tamper with or remove or attempt to remove the immobilization device without authorization; or to remove the warning notice. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not more than $500 or to imprisonment for not more than 12 months, or to both such fine and imprisonment in the discretion of the court. City Code, 1976/83, art. 31, §90(e) Ord. 69-343 Ord. 74-768 Ord. 83-864