§ 50–2421.09. Procedures for reclaiming impounded vehicles; lien; penalties.

(a) An owner or lienholder, or a person duly authorized by either, may reclaim an impounded vehicle stored at a District government impoundment facility at any time prior to the expiration of the applicable reclamation period, by:

(1) Repealed;

(2) Repealed;

(3) Repealed;

(4) Making a payment in accordance with § 50-2201.03(k)(5);

(5) Furnishing proof of entitlement to possession of the vehicle; and

(6) Paying to the District government, or the towing company, as directed by the Department, a towing fee of $100 and a storage fee of $20 per day; provided, that the towing fee shall be $275 and a storage fee of $20 per day shall be imposed if the size or the weight of the impounded vehicle requires the Department or an outside contractor to use special equipment to tow the vehicle; provided further, that the towing fee shall be $1,000 if the vehicle was impounded pursuant to a violation of 18 DCMR § 2405.3(e).

(b) Fines and penalties due for parking tickets issued to a vehicle and the towing and storage fee charges due pursuant to subsection (a)(6) of this section shall constitute a continuing lien against the impounded motor vehicle. The lien thus created shall be an automatic lien, which is perfected as of the first date that the fines, penalties, or fees are due and shall be a prior and preferred claim over all other liens.

(c) Any person who has paid a fine for parking, storing, or leaving an abandoned or dangerous vehicle on public space, and who, after reclaiming the vehicle, thereafter again parks, stores, or leaves that vehicle on public space in violation of § 50-2421.03(1), shall be subject to a civil fine of not more than $500.

(Oct. 28, 2003, D.C. Law 15-35, § 9, 50 DCR 6579; June 22, 2006, D.C. Law 16-139, § 11, 53 DCR 3682; Mar. 14, 2007, D.C. Law 16-279, § 302, 54 DCR 903; Sept. 18, 2007, D.C. Law 17-20, § 6073, 54 DCR 7052; June 11, 2013, D.C. Law 19-317, § 276(b), 60 DCR 2064; Dec. 24, 2013, D.C. Law 20-61, § 6013, 60 DCR 12472; July 22, 2022, D.C. Law 24-144, § 2(d), 69 DCR 006261.)

Section References

This section is referenced in § 22-2724, § 50-2201.03, and § 50-2702.

Effect of Amendments

D.C. Law 16-139, in the lead-in language to subsec. (a), substituted “impounded vehicle stored at a District government impoundment facility” for “impounded vehicle”.

D.C. Law 16-279, in subsec. (a), repealed pars. (1), (2), and (3).

D.C. Law 17-20, in subsec. (a)(6), inserted “; provided further, that the towing fee shall be $1,000 if the vehicle was impounded pursuant to a violation of 18 DCMR § 2405.3(e)” following “to tow the vehicle”.

The 2013 amendment by D.C. Law 19-317 substituted “not more than the amount set forth in § 22-3571.01” for “not more than $500” in (c).

The 2013 amendment by D.C. Law 20-61 rewrote (a)(4).

Emergency Legislation

For temporary (90 day) addition of this section, see § 9 of Removal and Disposition of Abandoned and Other Unlawfully Parked Vehicles Reform Congressional Review Emergency Act of 2003 (D.C. Act 15-171, October 6, 2003, 50 DCR 9163).

For temporary (90 day) amendment of section, see § 6073 of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 days) amendment of this section, see § 276(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary (90 days) amendment of this section, see § 6013 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 6013 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Editor's Notes

Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.