Chapter 13.36
PARKING TICKETS—ENFORCEMENT

Sections:

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)