[HISTORY: Adopted by the Mayor and Council of the Town of Berlin as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Junk — See Ch. 62.
ARTICLE I
Parking and Abandonment
[Adopted 5-5-1975]
§ 99-1. Prohibition.
Parking on public streets, ways or alleys within the corporate limits
of the Town of Berlin is hereby prohibited except in the manner and location
described in this article.
§ 99-2. Lawful parking.
It shall be lawful for vehicles to be parked on any street, way or alley
of the Town of Berlin where no restriction against said parking is posted
or clearly indicated by painted curbs, posted signs or otherwise, provided
that said parking complies with all other provisions of this article.
§ 99-3. Painted curbs.
It shall be unlawful at any time for any vehicle to be parked in an area
abutting on a red painted curb, and it shall also be unlawful for any vehicle
to fail to comply with posted parking restrictions within an area abutting
a yellow painted curb.
§ 99-4. Abandonment prohibited.
It shall be unlawful at any time for any abandoned, unlicensed or inoperable
motor vehicle or unused part or parts thereof to be located on any street,
way or alley of the Town of Berlin, and the placing of or permissive or voluntary
maintenance of any such vehicle is hereby declared a nuisance and said vehicle
is subject to the provisions regarding violations and penalties and impounding
as set forth in §§ 99-7 and 99-8 of this article.
§ 99-5. Observance of signs and markings.
It shall be unlawful for any vehicle to be parked on or in any area where
parking is permitted, except in the manner designated by signs posted thereon
or markings placed on the street by the municipality.
§ 99-6. Parking meters.
The Town of Berlin or its proper agents may install parking meters on
any public street, way or alley within the Town of Berlin, and it shall
be unlawful to park in whole or in part in the designated parking meter
area in violation of the terms set forth on said meters.
§ 99-7. Violations and penalties. [Amended 3-20-1978;
6-26-2003 by Ord. No. 2003-10]
Any violation of the provisions of this article shall be punishable by
a parking citation issued by an officer as defined by § 26-301 of the Transportation
Article of the Annotated Code of Maryland. The procedures set forth in §
26-303 and § 26-305 of the aforesaid Transportation Article shall apply to
all parking citations issued. The maximum fine for any parking citation shall
be $250. Any person receiving a parking citation shall have the right to pay
the parking citation fine directly to the Town of Berlin in amounts approved
by the Mayor and Council of Berlin pursuant to § 26-303(a) of the aforesaid
Transportation Article.
§ 99-8. Impoundment. [Amended 5-26-1997 by Ord.
No. 1997-8]
Any vehicle illegally parked or standing on any street or public way in
the Town of Berlin, Maryland, in violation of the provisions of this article,
is hereby declared to be a public nuisance and the Police Department of the
Town of Berlin, at its discretion, is hereby authorized to impound or have
impounded the violating vehicle and require, in addition to the fine stated
in § 99-7 herein above, the payment of hauling costs and storage fees as
may be determined, to be paid by the owner or agent of the owner of the impounded
vehicle before said vehicle will be released to the owner or agent.
ARTICLE II
Storage on Private Property
[Adopted 5-5-1975; amended in its entirety 12-27-1999 by Ord. No. 1999-23]
§ 99-9. Prohibition.
It shall be unlawful for any person to park or allow to be parked or to
store or allow to be stored any vehicle which is dismantled, wrecked or
not bearing current license plates upon property not zoned for such storage
within the corporate limits of the Town of Berlin unless said vehicle is
stored in an enclosed garage. Any such vehicle is hereby declared a nuisance.
§ 99-10. Notice.
Upon discovering the existence of a nuisance as defined by § 99-9 of
this article, a designated official of the Town of Berlin shall deliver to
the owner or tenant of any property on which said nuisance is maintained
a notice as hereinafter described. Delivery may be by delivery to the person
to be served or by mailing the notice to the person to be served by certified
mail requesting "Restricted Delivery. Show to whom, date, address of delivery."
In the event that the whereabouts of the owner or tenant is unknown and that
reasonable efforts have been made in good faith to locate the owner or tenant,
then the Town of Berlin shall mail the notice to the owner or tenant’s last
known address and shall post the notice on the vehicle. The notice shall
be substantially as follows: "The owner or tenant of the property at or adjacent
to _______________________ Street in Berlin, Maryland: There is observed
upon said property a vehicle which is dismantled, wrecked or not bearing
current license plates, which is a violation pursuant to § 99-9 of the Berlin
Code. You are hereby notified to remove said vehicle from the property within
15 days of the receipt of the notice or the posting of the notice as the
case may be. If you do not remove the vehicle, the Town of Berlin shall remove
the vehicle and sell the vehicle at a public auction pursuant to § 99-11
of the Berlin Code. You have the right to request a hearing before the Housing
Board of Review as described in § 60-11B of the Berlin Code by filing a
petition within 10 days of the delivery or posting of the notice, as the
case may be."
§ 99-11. Removal and sale of vehicle.
If any vehicle remains upon the property in violation of this article,
after notice or hearing, as the case may be, the agent or agents of the Town
shall enter upon said property with such force and with such vehicle or
vehicles or apparatus as may be deemed necessary and remove the offending
vehicle or vehicles thereof to an opened storage area maintained or provided
by the Town. Thereafter, following at least 15 days’ public notice in some
newspaper published in Worcester County, Maryland, and having a substantial
circulation in Berlin, said vehicle or vehicles may be sold at public auction
and the proceeds of the sale applied to the cost and expenses of removal,
towing, storage, advertising and sale and the balance paid over the owner
of the vehicle sold after proof of ownership; provided, however, that pending
any such sale, the owner of such vehicle, upon proof of ownership, may repossess
the vehicle upon paying all costs to the Town for removing, towing, storage,
advertising and other costs incurred prior to any such sale.
§ 99-12. Where storage permitted.
Nothing herein shall prevent the keeping of such vehicles in such zones,
if any, wherein such use is permitted by the Zoning Ordinance of the Town
of Berlin.1
§ 99-13. Violations and penalties.
Any person who shall violate any provisions of this article shall be guilty
of a municipal infraction and shall be fined the sum of $200 for a single
violation and the sum of $400 for each repeat or continuing violation.
§ 99-14. Hearing.
Any person affected by a notice issued in connection with the enforcement
of this article may request a hearing pursuant to § 60-11B of the Berlin
Code. The petition shall be filed within 10 days after such notice is served
or posted, as the case may be. The written petition shall set forth the person’s
name, address, telephone number and a brief statement of the grounds for
the hearing. The procedure set forth in § 60-11B of the Berlin Code shall
be followed for any hearings.