Title 13 VEHICLES AND TRAFFIC
Chapter 13.36 PARKING TICKETS-- ENFORCEMENT
13.36.010 Issuance of parking tickets.
13.36.020 Election to pay or stand trial--Presence of officer at trial.
13.36.030 Failure to pay or comply--Penalty for late payment--Service charge.
13.36.040 Effect of parking violation on vehicle registration.
13.36.010 Issuance of parking tickets.
A. Any police officer or parking enforcement official of the City finding
a vehicle parked or standing in violation of this title shall:
1. Deliver a
parking ticket to the operator of the vehicle or, if the vehicle is unattended,
attach a ticket to the vehicle in a conspicuous place;
2. Keep a copy of the
citation, bearing his or her certification under penalty of perjury that the
facts stated in the citation are true.
B. In the absence of the operator,
the registered owner of the vehicle is presumed to be the person receiving the
ticket.
C. Parking tickets shall state:
1. The State license number of
the vehicle;
2. The make and model of the vehicle;
3. The section of the
Charter and Code of the City of Takoma Park the vehicle was parked or standing
in violation of;
4. The date, time and location of the violation;
5. The
amount of fine charged for the violation;
6. The name of the officer
reporting the violation;
7. Any other facts necessary to an understanding of
the circumstances of the violation;
8. In any violation involving a vehicle
parked at a parking meter, the parking meter number.
D. The parking ticket
shall instruct the owner or operator of the vehicle to pay the fine imposed as a
penalty for such violation to the City within 15 days from the date of issuance
of the parking ticket or to give written notice to the City within 10 days from
the date of issuance of the parking ticket of the owner or operator’s
intention to stand trial for the violation in the District Court.
E. The
parking ticket shall notify the owner or operator of the vehicle that failure to
pay the prescribed fine by the payment date or to appear in court may result in
the vehicle’s registration not being renewed or transferred by the State
Motor Vehicle Administration and in the imposition of an additional penalty and
service charge.
F. The registered owner of the vehicle is responsible for a
parking ticket issued for a violation of this title, whether or not the owner
was the operator or otherwise in possession of the vehicle at the time of the
violation and whether or not the owner actually received the parking ticket.
(Prior code § 13-77)
13.36.020 Election to pay or stand trial--Presence of officer at trial.
A. The owner or operator of a vehicle receiving a parking ticket
shall:
1. Pay the fine for the violation directly to the City by the payment
date set forth in the parking ticket; or
2. Request to stand trial on the
violation.
B. A request to stand trial on the violation shall be made by
sending a written notice of intention to stand trial to the City at least 5 days
before the payment date specified in the parking ticket.
1. If a person
requests a trial on the violation and desires the presence at trial of the
officer who issued the parking ticket, he or she shall so notify the City at the
time the request to stand trial is made.
2. If proper notification is not
given, the officer need not appear at the trial and the copy of the parking
ticket bearing the officer’s certification under penalty of perjury shall
be prima facie evidence of the facts stated in the ticket.
C. If a defendant
who has timely requested a trial on the violation fails to appear in District
Court on the trial date set, then before a new trial date may be scheduled the
defendant shall post collateral with the City in the amount of the parking
ticket fine, along with any penalty and service charge due for the violation as
set forth in Section 13.36.030 (Failure to pay or comply--Penalty for late
payment--Service charge), unless otherwise ordered by the Court.
1. If the
defendant fails to appear in District Court on the new trial date set for the
violation, the collateral shall be forfeited in full as the fine on the original
violation, unless otherwise ordered by the Court.
2. If the defendant does
appear in District Court on the new trial date set for the
violation:
a. First, the collateral shall be applied to any fine and other
charges that the Court imposes for the violation; and
b. Then, the balance
of the collateral not applied to the fine and other charges shall be returned to
the defendant. (Prior code § 13-78)
13.36.030 Failure to pay or comply--Penalty for late payment--Service charge.
A. In the event that the owner or operator of the vehicle neither sends
written notice of his or her election to stand trial within 10 days from the
date of issuance of the parking ticket nor pays the fine for the violation
within 15 days from the date of issuance of the parking ticket, or if the owner
or operator of the vehicle does not appear in District Court on the trial date
set, then as an additional penalty the fine for the violation shall double. In
addition, a service charge as set forth in Section 13.40.010 (Schedule of fines
and charges) shall be imposed if payment of the fine is made more than 30 days
after the date of issuance of the parking ticket.
B. Notwithstanding the
foregoing, the fine for a violation of Section 13.20.040(A)(11) (handicapped
parking) shall not double if an election to stand trial is not timely made or if
the fine is not paid by the payment date set forth in the parking ticket, but,
as an additional penalty, the fine shall increase as set forth in Section
13.40.010 (Schedule of fines and charges). A service charge also shall be
imposed as set forth in Section 13.40.010 (Schedule of fines and charges) if
payment of the fine for a violation of Section 13.20.040(A)(11) (handicapped
parking) is made more than 30 days after the date of issuance of the parking
ticket.
C. A request to stand trial on the violation made after 10 days from
the date of issuance of the parking ticket shall be granted, provided that the
owner or operator of the vehicle posts collateral with the City in the amount of
the parking ticket fine, along with any additional penalty and service charge as
set forth in subsections (A) and (B) of this section.
1. If the defendant
fails to appear in District Court on the trial date set, the collateral shall be
forfeited in full as the fine on the original violation, unless otherwise
ordered by the Court.
2. If the defendant does appear in District Court on
the trial date set:
a. First, the collateral shall be applied to any fine
and other charges that the court imposes for the violation.
b. Then, the
balance of the collateral not applied to the fine and other charges shall be
returned to the defendant.
D. The City Administrator is authorized from time
to time to implement an amnesty program for forgiveness of late payment
penalties and service charges on parking tickets. Any such amnesty program shall
be of limited duration and shall provide that the owner or operator of a vehicle
that has any unpaid parking tickets may pay the fine for the violation during a
specified period of time without any additional penalty for late payment or
service charge. (Prior code § 13-79)
13.36.040 Effect of parking violation on vehicle registration.
A. In accordance with the provisions of State of Maryland law, the Motor
Vehicle Administration may not register or transfer the registration of any
vehicle involved in a parking violation under this title if:
1. The City
notifies the Motor Vehicle Administration that the owner or operator of a
vehicle that has received a parking ticket under this title has failed to
either:
a. Pay the fine for the violation by the payment date specified in
the parking ticket; or
b. File a written notice of his or her intention to
stand trial for the violation;
2. The City notifies the Motor Vehicle
Administration that an owner or operator who has requested a trial on the
violation has failed to appear for trial.
B. The Motor Vehicle
Administration shall continue the refusal to register or transfer the
registration of a vehicle involved in a parking violation under this title
until:
1. The City notifies the Motor Vehicle Administration that the
parking ticket fine, along with any additional penalty and service charge due
for the violation as set forth in Section 13.36.030 (Failure to pay or
comply--Penalty for late payment--Service charge) has been paid; or
2. The
City notifies the Motor Vehicle Administration that the owner or operator of a
vehicle that received a parking ticket under this title has appeared for trial
on the violation in District Court or has pleaded guilty and paid the parking
ticket fine, along with any penalty and service charge due for the
violation.
C. An owner of a vehicle who is denied registration of a vehicle
under the provisions of this section or State of Maryland law shall pay the fee
established by the Motor Vehicle Administration before renewal of the
registration of the vehicle. (Prior code § 13-80)
<< previous | next >>