EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: Councilmember Conaway
A BILL ENTITLED
AN ORDINANCE concerning
Title
Towing Services - Licensing and Regulation
FOR the purpose of extending certain licensure requirements to include those who provide tow services with permission of the owner or operator of a vehicle; increasing the penalties for violation of the laws, rule, or regulations governing tow services; requiring that certain photographs be taken and retained before towing a vehicle for violating parking restrictions of a private parking facility; increasing the penalties for violation of the laws governing the towing of vehicles from private parking facilities; correcting, clarifying, and conforming related language; and generally relating to the licensing and regulation of tow services.
Body
BY repealing and reordaining, with amendments
Article 15 - Licensing and Regulation
Section(s) 22-4 and 22-18, to be under the renamed subtitle designation,
"Subtitle 22. Towing Services - General"
Baltimore City Code
(Edition 2000)
BY adding
Article 31 - Transit and Traffic
Section(s) 21-2
Baltimore City Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 31 - Transit and Traffic
Section(s) 21-6
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Code
Article 15. Licensing and Regulation
Subtitle 22. Towing Services - [Trespass Towing] GENERAL
§ 22 4. License required.
(a) In general.
(1) It [shall be] IS unlawful for any person to engage in a towing service in Baltimore City without a [valid] towing license issued by the Director of Finance.
(2) The license is renewable annually.
(b) Exemptions.
[The provisions of this] THIS section [shall] DOES not apply to:
(1) persons towing their own motor vehicles;
[(2) a motor vehicle towed with permission of the owner or operator of the motor vehicle;]
(2) [(3)] a towing service that tows without any charge, fees, or dues connected therewith;
(3) [(4)] a towing service that tows a motor vehicle into or through Baltimore City, from a point outside the City;
(4) [(5)] the transportation of motor vehicles for sale to and from licensed automobile dealers; or
(5) [(6)] a towing service owned and operated by the government of the United States, State of Maryland, Baltimore City, or any other governmental entity.
§ 22 18. Penalties.
(a) In general.
Any person [or his agent violating] WHO VIOLATES any provision of this subtitle or any rule or regulation [promulgated] ADOPTED UNDER THIS SUBTITLE by the Board [to effectuate the provisions of this subtitle, shall be] IS guilty of a misdemeanor and, [upon] ON conviction [thereof], [shall be] IS subject to a fine of not [less than $50 nor] more than [$500] $1,000 or TO imprisonment for not more than 60 days[,] or TO both fine and imprisonment FOR EACH OFFENSE.
(b) Continuing violations.
Each day that a violation continues [shall be deemed] IS a separate offense.
Article 31. Transit and Traffic
Subtitle 21. Towing Vehicles from Private Parking Facility
§ 21-2. OTHER PREREQUISITES TO INVOLUNTARY TOW.
(A) TOWER TO BE LICENSED.
NO PERSON MAY TOW A VEHICLE FROM A PRIVATE PARKING FACILITY FOR VIOLATING PARKING RESTRICTIONS UNLESS THE PERSON IS LICENSED UNDER CITY CODE ARTICLE 15, SUBTITLE 22 {"TOWING SERVICES - GENERAL"}.
(B) VIOLATION TO BE PHOTOGRAPHED.
(1) NO PERSON MAY TOW A VEHICLE FROM A PRIVATE PARKING FACILITY FOR VIOLATING PARKING RESTRICTIONS UNLESS THAT PERSON HAS TAKEN 1 OR MORE PHOTOGRAPHS THAT EVIDENCE THE VIOLATION.
(2) A VEHICLE OWNER OR AN OWNER'S AUTHORIZED AGENT RECLAIMING THE VEHICLE MAY NOT BE CHARGED ANY TOWING, STORING, OR OTHER CHARGE UNLESS THE VEHICLE OWNER OR AGENT IS FIRST GIVEN A COPY OF ALL PHOTOGRAPHS TAKEN OF THE ALLEGED VIOLATION.
§ 21 6. Penalties.
(a) In general.
Any person who violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, subject to a [sum] FINE of not more than [$200] $1,000 for each offense.
(b) Each towed vehicle a separate offense.
Each vehicle that is towed from a parking facility that is not posted as required by this [section] SUBTITLE is a separate offense.
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
dlr08-507~intro/12Nov08
arts15,31/TowRegs/aa:me
dlr08-507~intro/12Nov08
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arts15,31/TowRegs/aa:me