It is declared to be the intent of this Part 5 that all motor vehicles brought to the auto pound shall be disposed of as promptly as possible and within a period of 45 days, unless such vehicles are needed for pending litigation or police action such as the investigation of accidents or suspected violations of the law. If such vehicles are held beyond the aforesaid 45-day period they may be held only:under Court order, in the case of pending litigation; or upon written request from the Commissioner, in other cases. City Code, 1976/83, art. 31, §97(a) Ord. 69-343 Ord. 69-560 Ord. 87-1047

The Director of Transportation shall arrange for a certain number of auction sales each year, which may not be less than 1 sale per month. The sales shall be conducted through regularly licensed auctioneers of the City of Baltimore, selected by the Department of Finance in accordance with the provisions of <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> governing retention of services, and under the rules, regulations, and procedures that, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of Transportation adopts. In advance of the periodic sales, the Director of Transportation shall prepare a list of motor vehicles proposed to be sold at auction. The lists shall be sent to the Police Commissioner for the Commissioner’s approval, on forms prepared for the Director, and no motor vehicle may be sold unless the sale has been approved by the Commissioner. The Commissioner may not withhold approval of the sale unless the motor vehicle is involved in a police matter. In that event, where practicable, the Commissioner shall take photographs of the vehicle or its parts and preserve written descriptions of it, so that the vehicle itself may be put up for sale and disposed of as soon as possible after the 45-day period. All auction sales shall be under the supervision of the Department of Finance and advertised in 1 or more newspapers of general circulation throughout the Baltimore Metropolitan Area. Except as provided in <cite data-path="|31|§31-58">§ 31-58 of this subtitle</cite>, the Department may notify scrap metal processors, used car dealers, and spare parts dealers so as to endeavor to have a number of competitive bidders at each sale, it being the intent that every vehicle listed for sale at a given time shall be disposed of and removed from the auto pound, so as to prevent the storage area from becoming overcrowded. City Code, 1976/83, art. 31, §97(b) Ord. 69-343 Ord. 69-560 Ord. 87-1047 Ord. 97-212 Ord. 01-243 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 subsection (b) 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.

In this section, the following terms have the meanings indicated. “Abandoned vehicle” has the meaning stated in § 25-201(b) of the State Transportation Article. “Dirt bike” has the meaning stated in <cite data-path="|19|§40-1">Article 19, § 40-1</cite> of the City Code. “Unregistered motorcycle or similar vehicle” has the meaning stated in <cite data-path="|19|§40-1">Article 19, § 40-1</cite> of the City Code. Bidders for dirt bikes or for unregistered motorcycles or similar vehicles, other than abandoned vehicles, must be licensed, bonded motorcycle dealers, licensed automotive dismantlers and recyclers, or licensed scrap metal dealers. The purpose of this subsection is to ensure that dirt bikes and unregistered motorcycles or similar vehicles that have been forfeited under City Code <cite data-path="|19">Article 19</cite>, Subtitle 40, can be put to good use without being returned to the streets of the City. Forfeited dirt bikes and unregistered motorcycles or similar vehicles may be transferred to 1 or more charitable organizations for export abroad to provide relief to impoverished areas with critical transportation needs. The procedures used for transfers under this subsection must:accord with <cite data-doc="City of Baltimore, Md., Charter">the City Charter</cite> provisions that govern the disposition of surplus property; ensure that all interested charitable organizations have an opportunity submit proposals for the vehicles; ensure that the selected organization has the ability to take control of the vehicles and export them; and require the selected organization to enter into a written agreement with the City that delineates the parties’ respective responsibilities. City Code, 1976/83, art. 31, §97(b-1) Ord. 69-343 Ord. 69-560 Ord. 87-1047 Ord. 97-212 Ord. 01-243 Ord. 01-285 Ord. 10-389

Funds received pursuant to the sales shall be accounted for and remitted to the Mayor and City Council of Baltimore. However if the owner or person entitled to possession presents to the Director of Transportation, within 90 days of the date of the sale, a claim for any excess in the amount of the selling price of a vehicle, part of a vehicle, or the contents of a vehicle, over and above the expenses, the Director, on finding that an excess of $25 or more exists, shall recommend to the Board of Estimates that the excess be returned to the owner or other person. Expenses above referred to shall include but not be limited to:towing; storage; unpaid fines against the owner; and payment of all liens on the vehicle of which the Director received actual notice, in the above order of priority. Action of the Board of Estimates upon a recommendation shall be final and not subject to appeal. City Code, 1976/83, art. 31, §97(c) Ord. 69-343 Ord. 69-560 Ord. 87-1047 Ord. 15-435

On the sale of a motor vehicle, the Director of Transportation shall forward to the Motor Vehicle Administration a certificate that the motor vehicle has been sold at public auction, with a request that the certificate be considered sufficient evidence to enable the purchaser to obtain a new certificate of title and registration. City Code, 1976/83, art. 31, §98 Ord. 69-343 Ord. 15-435