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 Montgomery County
 Code
 Part II. Local Laws, Ordinances, Resolutions, Etc.
 Chapter 31. Motor Vehicles and Traffic.
 Article VII. Administration, Enforcement, Penalties and Collection.

  § 31-54. Duty of police officers or other authorized persons to issue notice of violation.  

Latest version.
  • (a) Any police officer, or other authorized person designated by the county executive, finding a vehicle parked in violation of this chapter shall prepare a notice of violation to the owner or operator of said vehicle on a form prescribed by the county and shall attach said notice to the subject vehicle.
    (b) Said notice of violation shall report:
    (1) The vehicle identification by registration state and number.
    (2) The section of this Code said vehicle was parked in violation of.
    (3) The date, time and location of said violation.
    (4) The amount of fine charged for said violation.
    (5) The name of the officer reporting the violation.
    (6) Any other facts, a knowledge of which is necessary to a thorough understanding of the circumstances attending such violation.
    (7) In any case involving a vehicle parked at a parking meter after parking time has expired, the parking meter number shall also be reported.
    (c) Each notice of violation shall instruct the owner or operator, or either of them, to pay within 15 days to the Department of Transportation as penalty for the violation, the fine specified by Council resolution under this Article, or to give written notice, within 15 days, to the Department, of the owner or operator’s intention to stand trial for the violation in the District Court.
    (d) It shall be the duty of each police officer or other authorized person to report each such violation to the Department immediately or as soon thereafter as possible.
    (e) The notice and report as provided in this section shall bear corresponding serial numbers. All notices assigned for issuance by police officers or other persons shall be reported and fully accounted for by the respective officer or person to whom the notices were assigned and any missing notices or reports shall be immediately reported to the Department and documented by such officer or person. (1978 L.M.C., ch. 7, § 2; , § 1; , § 1.)
    Editor’s note—See County Attorney Opinion dated citing the section in a discussion of the scope of authority for the Department of Public Works to tow vehicles from County roads and to provide roadside assistance.
    , § 3, states: Sec. 3. Any regulation in effect when this Act takes effect that implements a function transferred to another Department or Office under Section 1 of this Act continues in effect, but any reference in any regulation to the Department from which the function was transferred must be treated as referring to the Department to which the function is transferred. The transfer of a function under this Act does not affect any right of a party to any legal proceeding begun before this Act took effect.