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: Councilmembers Curran, Spector
A BILL ENTITLED
AN ORDINANCE concerning
Title
Accident and Disabled-Vehicle Towing
FOR the purpose of clarifying and revising the laws governing accident and disabled-vehicle towing to, among other things, further protect the public from unauthorized, predatory towers; conforming these laws to current practices; correcting, clarifying, and conforming related provisions; increasing certain penalties; authorizing the issuance of civil citations, subject to certain penalties, for violations; and generally relating to the towing of vehicles disabled by accident.
Body
BY repealing and reordaining, with amendments
Article 31 - Transit and Traffic
Section(s) 22-1 to 22-19, to be under the renamed subtitle designation,
"Subtitle 22. Towing Services - Accident Towing"
Baltimore City Code
(Edition 2000)
BY renaming
Article 15 - Licensing and Regulation
Subtitle 22. Towing Services
to be
Subtitle 22. Towing Services - Trespass Towing
Baltimore City Code
(Edition 2000)
BY adding
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 41-14(4)(Subtitle 22)
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 31. Transit and Traffic
Subtitle 22. [Regulation of] Towing Services - ACCIDENT TOWING
PART 1. DEFINITIONS; GENERAL PROVISIONS
§ 22 1. Definitions.
(a) In general.
IN THIS SUBTITLE, THE FOLLOWING TERMS HAVE THE MEANINGS INDICATED.
[Whenever used in any clause:
(1) the singular pronoun shall include the plural, and vice versa; and
(2) the masculine shall include the feminine and neuter, and vice versa.]
(b) Disabled vehicle.
"Disabled vehicle" means a motor vehicle [which] THAT:
(1) has been damaged or rendered inoperative as the result of a collision or OTHER accident[, and not as a result of wear and tear or mechanical failure];
(2) IS FOUND TO BE STOLEN;
(3) IS BEING HELD FOR EVIDENCE; OR
(4) IS OTHERWISE DISABLED AND IMPEDING THE FREE FLOW OF TRAFFIC OR MOVEMENT OF PEDESTRIANS.
(C) MEDALLION TOWING COMPANY.
"MEDALLION TOWING COMPANY" MEANS A TOWING COMPANY THAT:
(1) IS LICENSED UNDER THIS SUBTITLE; AND
(2) OWNS OR OPERATES 1 OR MORE MEDALLION TOWING VEHICLES.
(D) MEDALLION TOWING VEHICLE.
"MEDALLION TOWING VEHICLE" MEANS A TOWING VEHICLE THAT:
(1) IS OWNED AND OPERATED BY A MEDALLION TOWING COMPANY; AND
(2) HAS BEEN SPECIFICALLY AUTHORIZED TO TOW VEHICLES UNDER THIS SUBTITLE.
(E) [(c)] Person.
(1) "Person" means [every natural person] ANY INDIVIDUAL, partnership, FIRM, ASSOCIATION, corporation, OR fiduciary, [association] or ANY other entity OF ANY KIND.
(2) "PERSON" DOES NOT INCLUDE A GOVERNMENTAL ENTITY OR AN INSTRUMENTALITY OR UNIT OF A GOVERNMENTAL ENTITY.
(3) [(2)] Whenever used in [any clause prescribing and] imposing a penalty, the term "person":
(i) as applied to any partnership or association, [shall mean] INCLUDES [the] ITS partners or members [thereof]; and
(ii) as applied to any corporation, LIMITED LIABILITY COMPANY, OR SIMILAR ENTITY, [shall include] INCLUDES [the] ITS officers [THEREOF].
(F) POLICE COMMISSIONER; COMMISSIONER.
"POLICE COMMISSIONER" OR "COMMISSIONER" MEANS THE BALTIMORE CITY POLICE COMMISSIONER OR THE COMMISSIONER'S DESIGNEE.
(G) [(d)] Towing.
(1) "Towing" means [the] moving, [or] removing, [and/or the preparation thereof] OR PREPARING TO MOVE OR REMOVE [of] a disabled vehicle by another vehicle, for which [service] a charge is [made,] IMPOSED [either] directly or indirectly.
(2) [A charge made indirectly refers to] FOR PURPOSES OF THIS DEFINITION, dues or other charges [of bona fide] BY clubs or associations [which] THAT provide towing services ARE INDIRECT CHARGES.
(H) [(e)] Towing company.
"Towing company" means [a natural person, partnership, corporation, fiduciary, association, or other entity] ANY PERSON [owning, operating, or conducting] THAT OWNS OR OPERATES [the] A business [of] FOR THE disentangling[, removing,] or towing OF DISABLED vehicles [damaged by collision or other accident].
(I) [(f)] Towing vehicle.
[(1)] "Towing vehicle" means a vehicle that tows[, carries, or removes] a disabled vehicle [for a fee charged either directly or indirectly].
[(2) A fee charged indirectly refers to dues or other charges of clubs or associations which provide towing services.]
§ 22 2. Declaration of policy.
[For the purpose] THE PURPOSES of THIS SUBTITLE ARE [protecting the general welfare and public interests of the community,]:
(1) [safe guarding] TO SAFEGUARD the public interests against fraud, discrimination, deceptions, and similar abuses[,]; [and]
(2) [eliminating the retarding of] TO ELIMINATE traffic DELAYS, unnecessary street congestion, [unnecessary delays,] and traffic hazards[,]; AND
(3) GENERALLY, TO PROTECT THE GENERAL WELFARE AND PUBLIC INTERESTS OF THE COMMUNITY.
[the towing of vehicles disabled by collision or other accidents shall be subject to supervision and administrative control in the City of Baltimore, as in this subtitle provided.]
§ 22 3. Rules and regulations.
(A) POLICE COMMISSIONER TO ADOPT.
The Police Commissioner [shall have the power to make] SHALL ADOPT and enforce [any and all reasonable] RULES AND regulations to [effectuate the purposes of] CARRY OUT this subtitle.
(B) FILING WITH LEGISLATIVE REFERENCE.
A COPY OF ALL RULES AND REGULATIONS MUST BE FILED WITH THE DEPARTMENT OF LEGISLATIVE REFERENCE BEFORE THEY TAKE EFFECT.
§ 22 4. [§ 22 18.] Severability.
[If any sentence, clause, section, or part of this subtitle is for any reason found to be unconstitutional, illegal, or invalid, that unconstitutionality, illegality, or invalidity may not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this subtitle. It is declared to be the intent of the Mayor and City Council of Baltimore that this subtitle would have been adopted had the unconstitutional, illegal, or invalid sentence, clause, section, or part had not been included.]
ALL PROVISIONS OF THIS SUBTITLE ARE SEVERABLE. IF A COURT DETERMINES THAT A WORD, PHRASE, CLAUSE, SENTENCE, PARAGRAPH, SUBSECTION, SECTION, OR OTHER PROVISION IS INVALID OR THAT THE APPLICATION OF ANY PART OF THE PROVISION TO ANY PERSON OR CIRCUMSTANCES IS INVALID, THE REMAINING PROVISIONS AND THE APPLICATION OF THOSE PROVISIONS TO OTHER PERSONS OR CIRCUMSTANCES ARE NOT AFFECTED BY THAT DECISION.
§ 22-5. {RESERVED}
PART 2. LICENSING, BONDING, ETC.
§ 22 6. [§ 22 4. Towing license] LICENSE required.
(a) In general.
[It shall be unlawful for any] NO person [to engage in towing] MAY TOW A disabled [vehicles] VEHICLE from any [accident] location [within] IN the City [of Baltimore without] UNLESS:
(1) [having first obtained a license from the Director of Finance as hereinafter provided, or to do so during the suspension or after the revocation thereof] THE PERSON IS LICENSED BY THE POLICE COMMISSIONER UNDER THIS SUBTITLE AS A MEDALLION TOWING COMPANY; OR
(2) THE PERSON HAS BEEN SUMMONED BY THE VEHICLE OWNER'S OR OPERATOR'S AUTOMOBILE OR MOTOR CLUB.
(b) Applications.
Applications [shall] FOR A LICENSE MUST be [made on forms to be furnished by] IN THE FORM AND CONTAIN THE INFORMATION THAT the Police Commissioner REQUIRES.
(c) [Fees] APPLICATION FEE.
(1) The [applicant shall pay to the Director of Finance:(1)] APPLICATION MUST BE ACCOMPANIED BY a [filing] NON-REFUNDABLE APPLICATION fee of [$20] $1,000 [when the application is made, which fee shall be retained by the Director of Finance to cover initial examination and inspection costs; and].
(D) TERM AND RENEWAL.
(1) EACH MEDALLION TOWING LICENSE EXPIRES ANNUALLY ON THE ANNIVERSARY OF ITS ISSUANCE AND IS RENEWABLE AS PROVIDED IN THIS SUBSECTION.
(2) TO RENEW A LICENSE, THE LICENSEE MUST APPLY NO LESS THAN 30 DAYS NOR MORE THAN 60 DAYS BEFORE THE LICENSE EXPIRES.
(3) THE RENEWAL APPLICATION MUST BE IN THE FORM AND CONTAIN THE INFORMATION THAT THE POLICE COMMISSIONER REQUIRES.
(E) LICENSE FEES.
[(2) if the application is approved:
(i) shall pay the further sum of $10 covering the license for the then current year; and
(ii) thereafter, shall pay each year the sum of $20 for a renewal of the license.]
(1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE ANNUAL LICENSE FEE IS:
(I) $1,000 FOR THE MEDALLION TOWING COMPANY LICENSE, PLUS
(II) $100 FOR EACH MEDALLION TOWING VEHICLE TO BE OPERATED UNDER THAT LICENSE.
(2) FOR THE 1ST LICENSE YEAR, THE FEE IS $100 FOR EACH MEDALLION TOWING VEHICLE TO BE OPERATED UNDER THAT LICENSE.
[(d) Copies.
A certified copy of the license must be carried in each towing vehicle when in use, and such copies may be obtained on payment of a fee of $5 each.]
§ 22 7. QUALIFICATIONS OF APPLICANTS.
(A) IN GENERAL.
(1) THE RULES AND REGULATIONS ADOPTED BY THE POLICE COMMISSIONER SHALL SPECIFY THE QUALIFICATIONS REQUIRED FOR LICENSING UNDER THIS SUBTITLE.
(2) AMONG OTHER QUALIFICATIONS, THESE RULES AND REGULATIONS MUST SEEK TO ASSURE THAT:
(I) AN APPLICANT HAS A SIGNIFICANT BUSINESS PRESENCE IN THE CITY AND IS THUS CAPABLE OF PROVIDING THE SERVICES REQUIRED BY THE COMMISSIONER; AND
(II) ALL TOWING VEHICLES TO BE OPERATED UNDER THE LICENSE ARE ADEQUATE FOR THE SERVICES REQUIRED.
(B) COMMISSIONER TO INVESTIGATE.
ON RECEIPT OF AN APPLICATION FOR AN INITIAL LICENSE, THE POLICE COMMISSIONER SHALL INVESTIGATE THE QUALIFICATIONS OF THE APPLICANT.
§ 22 8. [§ 22 5.] Surety bond.
(A) BOND REQUIRED.
Every person [who shall be] licensed [in the towing business] under [the provisions of] this subtitle shall [be required to] file with the Police Commissioner [of Baltimore City] a bond [in the amount of $5,000] to save harmless the owner of any [automobile] VEHICLE for any property damage occurring [thereto during the time that] WHILE [it shall be] THE VEHICLE IS in [the] THAT PERSON'S possession [of the towing company].
(B) AMOUNT.
THE BOND SHALL BE IN AN AMOUNT OF AT LEAST $75,000.
§ 22 9. [§ 22 7.] Schedule of charges.
(a) Schedule to be filed.
(1) [Every person engaged in towing disabled vehicles] WHEN APPLYING FOR A LICENSE, THE APPLICANT shall[, at the time of his application for a license,] file with the Police Commissioner a schedule [setting] THAT CLEARLY SETS forth [his] THAT PERSON'S PROPOSED charges for towing and for [any] services incident to towing.
(2) [Such] THESE charges may be measured by mileage, time, and type of service [and stated clearly on the application for a towing license filed by the person engaged in the towing business].
(b) No change without amended schedule.
[The] A LICENSEE MAY NOT CHANGE THE charges [there stated shall not be changed] without [the] filing with the Police Commissioner [of] an amended schedule [showing] THAT SHOWS the [charges] proposed CHANGES.
(c) Rejection of [amended] schedule.
(1) The Police Commissioner[, upon receiving any such proposed schedule of changes, shall have the authority to] MAY reject [it] ANY PROPOSED CHARGES [when the charges proposed] IF, IN THE COMMISSIONER'S OPINION, THE CHARGES are[, in his opinion,] excessive for the service to be performed.
(2) In [such] THAT case, [he] THE COMMISSIONER shall return the proposed schedule OR AMENDED SCHEDULE to the [person engaged in the towing business] APPLICANT OR LICENSEE, AS THE CASE MAY BE, with suitable [notification] NOTICE of [his] THE reasons for rejecting it.
§ 22-10. {RESERVED}
PART 3. TOWING OPERATIONS
§ 22 11. [§ 22 10.] Owner's, OPERATOR'S right to choose.
(a) Officer to permit owner to call.
[When] WHENEVER a DISABLED vehicle is required to be towed from a City street [as a result of accident, disability, or similar vehicular emergency, before calling a towing company authorized by the Police Commissioner to tow vehicles in emergencies,]:
(1) the police officer on the scene shall permit the owner or operator, if available, to contact a [licensed or authorized towing company to remove the vehicle] A BONA FIDE AUTOMOBILE OR MOTOR CLUB OF WHICH HE OR SHE IS A MEMBER; AND
(2) IF THE OWNER OR OPERATOR DECLINES OR IS UNAVAILABLE TO DO SO, THE POLICE OFFICER SHALL REQUEST THE POLICE COMMISSIONER TO SUMMONS A MEDALLION TOWING VEHICLE.
(b) Required response time.
[The] IF THE towing company contacted by [the owner or operator] AN AUTOMOBILE OR MOTOR CLUB under subsection (a)(1) of this section [shall] CANNOT OR DOES NOT respond within 20 minutes or a reasonable period of time, as determined by the police officer[,] under the circumstances [occurring at the scene], THE POLICE OFFICER SHALL REQUEST THE POLICE COMMISSIONER TO SUMMONS A MEDALLION TOWING VEHICLE.
(C) ASSURANCE OF COMPLIANCE.
TO THE EXTENT POSSIBLE UNDER THE CIRCUMSTANCES, THE POLICE OFFICER AT THE SCENE SHALL VERIFY THAT THE TOWING VEHICLE ARRIVING AT THE SCENE AND PREPARING TO TOW THE DISABLED VEHICLE:
(1) IS NOT THERE IN VIOLATION OF § 22 21 {"SOLICITATIONS PROHIBITED"}OR § 22 24 {"POLICE RADIOS PROHIBITED"} OF THIS SUBTITLE; AND
(2) EITHER:
(I) IS A MEDALLION TOWING VEHICLE SUMMONED BY THE POLICE COMMISSIONER; OR
(II) IS A TOWING VEHICLE SUMMONED BY THE OWNER'S OR OPERATOR'S AUTOMOBILE OR MOTOR CLUB.
(D) PRIORITIES.
(1) ONCE A MEDALLION TOWING VEHICLE HAS BEEN SUMMONSED UNDER THIS SECTION, IT IS TO BE GIVEN PRIORITY OVER ANY OTHER TOWING VEHICLE THAT MAY ARRIVE AT THE SCENE.
(2) IF, ON ARRIVAL AT THE SCENE, THE MEDALLION TOWING VEHICLE DISCOVERS THAT THE DISABLED VEHICLE HAS BEEN TOWED BY ANOTHER OR THAT THE MEDALLION TOWING VEHICLE'S SERVICES ARE OTHERWISE NO LONGER NEEDED, THE MEDALLION TOWING VEHICLE MAY CHARGE THE OWNER OR OPERATOR A CANCELLATION FEE IN ACCORDANCE WITH THE TOWING COMPANY'S APPROVED SCHEDULE OF CHARGES.
§ 22 12. [§ 22 9.] Police assignments [to towing companies].
(a) Commissioner to retain list.
The Police Commissioner [of Baltimore City] shall [retain in his office] MAINTAIN a current list of all [the duly licensed] MEDALLION towing [operators] COMPANIES LICENSED UNDER THIS SUBTITLE.
(b) Allocation by proximity.
(1) [Whenever] SUBJECT TO § 22-11 {"OWNER'S, OPERATOR'S RIGHT TO CHOOSE"} OF THIS SUBTITLE, WHENEVER the services of a towing vehicle [shall be] ARE required and a request is made to the Commissioner's office for [the providing of such] TOWING services, the [Police] Commissioner[, or his representative,] shall [have dispatched to the place where the services are required, a vehicle operated by that] SUMMONS THE MEDALLION towing [operator] COMPANY whose place of business is closest to the scene of the accident.
(2) [In the event] IF the towing [operator who] COMPANY THAT is closest to the scene [of the accident] does not then have a MEDALLION towing vehicle available [for service], the [Police] Commissioner shall [call] SUMMONS the next closest towing [operator] COMPANY, and so on until a MEDALLION towing vehicle has been secured.
[(c) Owner's right to choose.
Nothing herein contained shall be construed as interfering, in any way, with the right of any person to call a towing operator of his own choice to send a towing vehicle to the scene of an accident.]
§ 22-13. {RESERVED}
§ 22 14. [§ 22 6.] Tow vehicle [sign] IDENTIFICATION.
(A) IN GENERAL.
[On each side of every] EVERY MEDALLION towing vehicle [there] shall be IDENTIFIED AS SPECIFIED IN THIS SECTION AND THE POLICE COMMISSIONER'S RULES AND REGULATIONS.
(B) INFORMATION REQUIRED.
[legibly inscribed the] THE name, address, AND TELEPHONE NUMBER of the [owner of each] towing [vehicle] COMPANY SHALL BE LEGIBLY INSCRIBED OR PAINTED, ON BOTH SIDES OF THE TOWING VEHICLE, IN [Letters and numerals required by this section shall] LETTERING not [be] less than 4 inches [in height] HIGH.
(C) MEDALLION DISPLAY.
THE TOWING VEHICLE SHALL CARRY AND DISPLAY THE MEDALLION OR OTHER CERTIFICATION ISSUED BY THE COMMISSIONER FOR THAT VEHICLE.
§ 22 15. [§ 22 8.] Estimates and repairs.
(a) Agreement required.
(1) [It shall be unlawful for any] A towing company [to] MAY NOT make ANY repairs for [a] consideration on [any] A disabled vehicle [removed] TOWED by [a towing vehicle] IT without first entering into a signed agreement with the owner of the disabled vehicle or [his] THE OWNER'S authorized representative[,].
(2) [which] THE SIGNED agreement [shall] MUST include an estimates of the cost of repairs.
(b) Copies.
(1) 1 copy of [any] AN agreement entered into [pursuant to] UNDER this section shall be given to the owner of the disabled vehicle or [his] THE OWNER'S authorized representative.
(2) 1 copy of [any] AN agreement entered into [pursuant to] UNDER this [subtitle] SECTION shall be retained [as a permanent record] BY THE TOWING COMPANY for a period of AT LEAST 2 years [by the licensed person who owns or leases the towing vehicle to be used in towing or removing the disabled vehicle].
§ 22 16. [§ 22 11.] Delivery of vehicle [absent signed agreement].
(a) To police.
(1) A towing company [acquiring] THAT ACQUIRES custody and control of a vehicle[, pursuant to the provisions of] UNDER this subtitle[,] shall deliver custody and control [thereof] to the Police Commissioner [of Baltimore City], unless a signed agreement to the contrary is executed by the owner of the vehicle.
(2) If the vehicle is delivered into the custody and control of the [Police] Commissioner, [he shall have the responsibility] THE COMMISSIONER IS RESPONSIBLE for the safety of the vehicle while IT IS in [his] THE COMMISSIONER'S custody and control.
(b) Recovery by owner.
[Provided, however, that nothing herein contained shall be construed to prevent] NOTHING IN THIS SECTION PREVENTS the owner of a vehicle or [his duly] THE OWNER'S authorized [agent,] REPRESENTATIVE from [acquiring or] reacquiring custody and control of the [owner's] vehicle [upon] ON payment to the towing company or to the Police Commissioner, as the case may be, of the [prescribed fee which has been] APPLICABLE FEES, AS established in the schedule filed with the [Police] Commissioner.
§§ 22-17 TO 22-20. {RESERVED}
PART 4. PROHIBITED CONDUCT
§ 22 21. [§ 22 12.] Solicitations prohibited.
No person[, firm, or corporation shall] MAY:
(1) in any way solicit [for] towing business; or
(2) attempt OR OFFER to take any DISABLED vehicle in tow unless:
(i) [he or it shall have been] THE PERSON IS OPERATING A MEDALLION TOWING VEHICLE summoned [for that purpose] by the Police Commissioner; or
(ii) [he or it shall have] THE PERSON HAS been summoned by A BONA FIDE AUTOMOBILE OR MOTOR CLUB ON BEHALF OF the [person] OWNER OR OPERATOR [involved in an accident] OF THE DISABLED VEHICLE.
§ 22 22. [§ 22 13.] Bail services prohibited.
(A) [(b)] Exception.
[With the exception that this] THIS section [shall] DOES not apply to A bona fide automobile [clubs] OR MOTOR CLUB, [associations] ASSOCIATION, or insurance [companies] COMPANY.
(B) PROHIBITION. [(a) In general.]
[It shall be unlawful for any] NO person towing A disabled [vehicles] VEHICLE MAY:
(1) [to] offer to secure or provide bail FOR ANY PERSON INVOLVED IN THE INCIDENT;
(2) [to] enter into an agreement, oral or written, to secure or provide bail FOR ANY PERSON INVOLVED IN THE INCIDENT; or
(3) [to] arrange for the providing of bail FOR ANY PERSON INVOLVED IN THE INCIDENT[;].
[for any person involved in a motor vehicle collision, or accident in the City of Baltimore.]
§ 22 23. [§ 22 14.] Gratuities, etc., to City employees prohibited.
[It shall be unlawful for any] NO person [to] MAY offer or give any [gratuities, bribes, or inducements] BRIBE, GIFT, GRATUITY, OR INDUCEMENT of any kind to any [officer or employee of the City of Baltimore or any governmental officer or employee whose salary is paid out of the City Treasury,] PUBLIC OFFICIAL OR EMPLOYEE in order to obtain [towing] business[,] or recommendations for towing, [or storage of] STORING, REPAIRING, or [estimating upon repairing] PROVIDING REPAIR ESTIMATES FOR disabled vehicles.
§ 22 24. [§ 22 15.] Police radios prohibited.
[(a) Possession prohibited.]
No [person owning or operating] TOWING COMPANY NOR ANY OWNER, OPERATOR, EMPLOYEE, OR AGENT OF a towing company, WHETHER LICENSED UNDER THIS SUBTITLE OR NOT, [shall have or maintain] MAY:
(1) POSSESS at his, HER, OR ITS garage, repair shop, or other [designated] place of business [a] ANY radio-receiving set capable of receiving signals or messages transmitted on [the] frequencies allocated for use by the Police Department[.]; OR
[(b) Use prohibited.]
(2) [Nor shall any towing company or any of its employees] IN CONNECTION WITH ANY TOWING OPERATIONS, make use of ANY signals or messages [so] transmitted BY THE POLICE DEPARTMENT [in connection with the operation of any towing car business] ON FREQUENCIES ALLOCATED FOR ITS USE.
§§ 22-25 TO 22-30. {RESERVED}
PART 5. ENFORCEMENT; PENALTIES
§ 22 31. [§ 22 16. Suspension or revocation] DENIAL, SUSPENSION, ETC., of licenses.
(a) In general.
The Police Commissioner [shall have the power to] MAY DENY, REFUSE TO RENEW, revoke, or suspend the license of any person [licensed to engage in the towing business] who [shall]:
(1) [violate] VIOLATES any [of the provisions] PROVISION of this subtitle or [any] OF THE rules [of] OR regulations [promulgated pursuant hereto] ADOPTED UNDER THIS SUBTITLE; or
(2) [fail] FAILS to comply with any of the TERMS OR provisions [and terms] of any towing OR REPAIR agreement [executed pursuant to] ENTERED INTO UNDER this subtitle.
(b) Judicial and appellate review.
(1) A person whose license has been DENIED, REFUSED RENEWAL, revoked, or suspended by the Police Commissioner may seek judicial review of that action by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
(2) A party to the judicial review may appeal the court's final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.
§ 22 32. ENFORCEMENT BY CITATION.
(A) IN GENERAL.
IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT PROCEDURE, THIS SUBTITLE MAY BE ENFORCED BY ISSUANCE OF A CIVIL CITATION UNDER CITY CODE ARTICLE 1, SUBTITLE 41 {"CIVIL CITATIONS"}.
(B) PROCESS NOT EXCLUSIVE.
THE ISSUANCE OF A CITATION TO ENFORCE THIS SUBTITLE DOES NOT PRECLUDE PURSUING ANY OTHER CIVIL OR CRIMINAL REMEDY OR ENFORCEMENT ACTION AUTHORIZED BY LAW.
§ 22 33. [§ 22 17.] Penalties.
(A) IN GENERAL.
Any person who [shall violate] VIOLATES any of the provisions of this subtitle OR OF THE RULES AND REGULATIONS ADOPTED UNDER THIS SUBTITLE [shall be] IS guilty of a misdemeanor and, [upon] ON conviction, IS subject to fine of [$10 to $100] NOT MORE THAN $1,000, IMPRISONMENT FOR NOT MORE THAN 12 MONTHS, OR BOTH FINE AND IMPRISONMENT for each offense.
(B) EACH DAY A SEPARATE OFFENSE.
EACH DAY THAT A VIOLATION CONTINUES IS A SEPARATE OFFENSE.
[§ 22 19. Short title.
The subtitle may be cited as the "Baltimore Towing Ordinance".]
Article 15. Licensing and Regulation
Subtitle 22. Towing Services - TRESPASS TOWING
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 41. Civil Citations
§ 41-14. Offenses to which subtitle applies - Listing.
(4) Article 31. Transit and Traffic
. . . .
SUBTITLE 22. TOWING SERVICES - ACCIDENT TOWING $750
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.
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