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 Curran
A BILL ENTITLED
AN ORDINANCE concerning
title
Surcharge on Trespass Towing
FOR the purpose of imposing a surcharge on towing companies who engage in the trespass towing of vehicles; providing for the administration and collection of the surcharge; defining certain terms; prohibiting certain activities; imposing certain penalties; providing for a special effective date; and generally relating to surcharges on trespass towing activities.
body
BY adding
Article 28 - Taxes
Section(s) 29-1 to 29-18, to be under the new subtitle,
"Subtitle 29. Surcharge on Trespass Towing"
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 28. Taxes
SUBTITLE 29. SURCHARGE ON TRESPASS TOWING
§ 29-1. DEFINITIONS.
(A) IN GENERAL.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
(B) PERSON.
(1) "PERSON" MEANS:
(I) AN INDIVIDUAL;
(II) A PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION, OR OTHER ENTITY OF ANY KIND; OR
(III) A RECEIVER, TRUSTEE, GUARDIAN, PERSONAL REPRESENTATIVE, FIDUCIARY, OR REPRESENTATIVE OF ANY KIND.
(2) "PERSON" DOES NOT INCLUDE A GOVERNMENTAL ENTITY OR AN INSTRUMENTALITY OR UNIT OF A GOVERNMENTAL ENTITY.
(C) TOW.
(1) "TOW" MEANS TO USE A VEHICLE TO MOVE, REMOVE, OR PREPARE TO MOVE OR REMOVE ANOTHER VEHICLE, FOR WHICH A CHARGE IS IMPOSED DIRECTLY OR INDIRECTLY.
(2) "TOW" INCLUDES THE PHYSICAL ENGAGEMENT OF A VEHICLE TO BE TOWED, EVEN IF THE VEHICLE IS SUBSEQUENTLY DISCONNECTED OR DROPPED FOR A "DROP FEE".
(D) TOWING COMPANY.
"TOWING COMPANY" MEANS ANY PERSON WHO ENGAGES IN THE TRESPASS TOWING OF ONE OR MORE VEHICLES IN BALTIMORE CITY.
(E) TRESPASS TOWING.
"TRESPASS TOWING" MEANS THE INVOLUNTARY TOWING OF A VEHICLE UNDER THE AUTHORITY OR COLOR OF CITY CODE ARTICLE 15, SUBTITLE 22 {"TOWING SERVICES - TRESPASS TOWING"}.
(F) VEHICLE.
"VEHICLE" HAS THE MEANING STATED IN STATE TRANSPORTATION ARTICLE § 21-176.
§ 29 2. SURCHARGE IMPOSED.
A SURCHARGE IS IMPOSED ON EVERY TOWING COMPANY WHO ENGAGES IN THE TRESPASS TOWING OF ONE OR MORE VEHICLES IN BALTIMORE CITY
§ 29 3. AMOUNT OF SURCHARGE.
THE AMOUNT OF THE SURCHARGE IMPOSED IS $30 FOR EACH TRESPASS TOW.
§ 29 4. WHEN PAYABLE.
THE SURCHARGE IMPOSED BY THIS SUBTITLE:
(1) IS DUE BY THE TOWING COMPANY WHENEVER A VEHICLE IS TOWED;
(2) MUST BE PAID ON OR BEFORE THE 25TH DAY OF THE MONTH FOLLOWING THE MONTH IN WHICH THE VEHICLE IS TOWED; AND
(3) IN NO EVENT MAY BE CHARGED TO THE OWNER, LESSEE, OR RENTER OF THE TOWED VEHICLE OR TO THE OWNER OR OPERATOR OF THE PROPERTY FROM WHICH THE VEHICLE WAS TOWED .
§ 29 5. TRANSACTIONAL REPORTS.
BEFORE A TOWING COMPANY PHYSICALLY ENGAGES A VEHICLE FOR A TRESPASS TOW, THE TOWING COMPANY MUST:
(1) NOTIFY THE POLICE DEPARTMENT OF THE PENDING TOW; AND
(2) PROVIDE THE POLICE DEPARTMENT WITH THE INFORMATION ABOUT THE TOW THAT THE POLICE COMMISSIONER REQUIRES.
§ 29 6. MONTHLY REPORTS.
(A) GENERAL.
THE TOWING COMPANY MUST REMIT THE SURCHARGE TO THE DIRECTOR OF FINANCE, TOGETHER WITH A MONTHLY REPORT OF ALL TOWING OPERATIONS (WHETHER TRESPASS TOWS OR OTHERS) ENGAGED IN DURING THE MONTH.
(B) UNDER OATH.
THE REPORT MUST UNDER OATH, IN THE FORM THAT THE DIRECTOR OF FINANCE REQUIRES.
§ 29 7. RECORDS.
EVERY TOWING COMPANY MUST:
(1) KEEP COMPLETE AND ACCURATE RECORDS OF ALL ITS TRESPASS TOWING ACTIVITIES, AS NECESSARY OR OTHERWISE REQUIRED BY THE DIRECTOR TO DETERMINE WHETHER ALL SURCHARGES DUE UNDER THIS SUBTITLE HAVE BEEN PAID; AND
(2) MAKE THESE RECORDS AVAILABLE, AT ALL TIMES DURING BUSINESS HOURS, FOR INSPECTION AND AUDIT BY THE DIRECTOR.
§§ 29-8 TO 29-9 {RESERVED}
§ 29 10. INTEREST AND CIVIL PENALTIES.
IF TOWING COMPANY FAILS TO PAY THE SURCHARGE IMPOSED BY THIS SUBTITLE WHEN DUE, THE TOWING COMPANY MUST PAY THE DIRECTOR, IN ADDITION TO THE SURCHARGE DUE:
(1) INTEREST AT THE RATE OF 1% FOR EACH MONTH OR FRACTION OF A MONTH THAT THE SURCHARGE IS OVERDUE; AND
(2) A PENALTY OF 10% OF THE AMOUNT OF THE SURCHARGE DUE.
§ 29 11. SURCHARGE DETERMINATION BY DIRECTOR.
(A) DIRECTOR TO OBTAIN INFORMATION.
IF ANY PERSON FAILS TO MAKE THE REPORT AND REMIT THE SURCHARGE WHEN DUE AND FAILS TO KEEP SUITABLE RECORDS AS REQUIRED BY THIS SUBTITLE, THE DIRECTOR OF FINANCE MAY ATTEMPT TO OBTAIN OTHER AVAILABLE INFORMATION ON WHICH TO BASE AN ESTIMATE OF THE SURCHARGE DUE.
(B) DIRECTOR TO ESTIMATE SURCHARGE.
AS SOON AS THE DIRECTOR OBTAINS THIS INFORMATION, THE DIRECTOR MAY PROCEED TO DETERMINE THE SURCHARGE DUE AND ASSESS THAT SURCHARGE, PLUS INTEREST AND PENALTIES, AGAINST THE PERSON LIABLE FOR THE SURCHARGE.
(C) NOTICE AND PAYMENT.
(1) THE DIRECTOR MAY THEN NOTIFY THE PERSON BY MAIL, SENT TO THAT PERSON'S LAST KNOWN ADDRESS, OF THE TOTAL AMOUNT OF THE SURCHARGE, INTEREST, AND PENALTIES.
(2) THE TOTAL AMOUNT IS PAYABLE WITHIN 10 DAYS FROM THE DATE OF THIS NOTICE.
§ 29 12. CLOSING OR SALE OF BUSINESS.
IF A PERSON REQUIRED TO PAY A SURCHARGE UNDER THIS SUBTITLE SELLS HIS, HER, OR ITS BUSINESS OR OTHERWISE CEASES TO DO BUSINESS:
(1) ANY SURCHARGE PAYABLE UNDER THIS SUBTITLE BECOMES IMMEDIATELY DUE AND PAYABLE; AND
(2) WITHIN 3 DAYS OF THE SALE OR OTHER CESSATION OF BUSINESS, THAT PERSON MUST SUBMIT THE REQUIRED REPORT AND REMIT THE TOTAL AMOUNT OF THE SURCHARGE DUE.
§ 29 13. LIEN ON PROPERTY.
THE SURCHARGE, INTEREST, AND PENALTIES IMPOSED BY THIS SUBTITLE ARE A LIEN ON THE PROPERTY OF ANY PERSON LIABLE FOR THEIR PAYMENT.
§§ 29-14 TO 29-15 {RESERVED}
§ 29 16. RULES AND REGULATIONS.
(A) DIRECTOR MAY ADOPT.
THE DIRECTOR MAY ADOPT RULES AND REGULATIONS AS NECESSARY OR APPROPRIATE TO:
(1) GOVERN THE PAYMENT, COLLECTION, AND ACCOUNTING OF THE SURCHARGE IMPOSED BY THIS SUBTITLE;
(2) DEFINE ANY TERMS USED IN CONNECTION WITH THE IMPOSITION AND COLLECTION OF THE SURCHARGE IMPOSED UNDER THIS SUBTITLE;
(3) PROVIDE FOR THE REFUND OF ANY SURCHARGE, INTEREST, OR PENALTY ERRONEOUSLY OR ILLEGALLY PAID; AND
(5) OTHERWISE ADMINISTER, ENFORCE, AND CARRY OUT THIS SUBTITLE.
(B) COPIES TO BE FILED WITH LEGISLATIVE REFERENCE.
A COPY OF ALL RULES AND REGULATIONS ADOPTED UNDER THIS SECTION MUST BE FILED WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE BEFORE THEY BECOME EFFECTIVE.
§ 29 17. {RESERVED}
§ 29 18. PENALTIES.
ANY PERSON WHO VIOLATES ANY PROVISION OF THIS SUBTITLE OR OF ANY RULE OR REGULATION ADOPTED UNDER THIS SUBTITLE IS GUILTY OF A MISDEMEANOR AND, ON CONVICTION, IS SUBJECT TO A FINE OF NOT MORE THAN $1,000 OR TO IMPRISONMENT FOR NOT MORE THAN 12 MONTHS OR TO BOTH FINE AND IMPRISONMENT FOR EACH 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 July 1, 2011.
dlr11-2293~intro/29Apr11
art28/TowTax/aa:me
dlr11-2293~intro/29Apr11
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art28/TowTax/aa:me