Baltimore City Council
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File #: 19-0366    Version: 0 Name: Commercial Parking Facilities - Revisions
Type: Ordinance Status: Enacted
File created: 4/15/2019 In control: City Council
On agenda: Final action: 6/17/2019
Enactment #: 19-264
Title: Commercial Parking Facilities - Revisions For the purpose of making certain revisions to the City’s ordinances regarding parking facilities; clarifying the application of the subtitle as it relates to commercial parking facilities; requiring that commercial parking facilities provide customers with proof-of-payment; prohibiting certain commercial parking facilities from removing motor vehicles without the owner’s consent; increasing certain fines; conforming and clarifying related provisions; and generally related to the regulation of commercial parking facilities.
Sponsors: Ryan Dorsey, Mary Pat Clarke, Brandon M. Scott, Eric T. Costello, Zeke Cohen, Bill Henry, Shannon Sneed, Isaac "Yitzy" Schleifer, John T. Bullock, Sharon Green Middleton, Robert Stokes, Sr., Leon F. Pinkett, III, Edward Reisinger
Indexes: Commercial, Parking Facilities
Attachments: 1. 19-0366~1st Reader, 2. Law 19-0366, 3. 19-0366~3rd Reader, 4. Parking 19-0366, 5. DOT 19-0366, 6. Finance 19-0366, 7. Complete Bill File 19-0366
Date Ver.Action ByActionResultAction DetailsMeeting DetailsVideo
6/17/20190 Mayor Signed by Mayor  Action details Meeting details Not available
6/11/20190 City Council Approved and Sent to the Mayor  Action details Meeting details Not available
5/13/20190 City Council 3rd Reader, for final passage  Action details Meeting details Not available
5/13/20190 Land Use and Transportation Committee Recommended Favorably with Amendment  Action details Meeting details Not available
5/8/20190 Land Use and Transportation Committee Recommended Favorably with AmendmentPass Action details Meeting details Not available
4/22/20190 Land Use and Transportation Committee Scheduled for a Public Hearing  Action details Meeting details Not available
4/18/20190 City Council President Refer to Dept. of Transportation  Action details Meeting details Not available
4/18/20190 City Council President Refer to Parking Authority Board  Action details Meeting details Not available
4/18/20190 City Council President Refer to Dept. of Finance  Action details Meeting details Not available
4/18/20190 City Council President Refer to City Solicitor  Action details Meeting details Not available
4/18/20190 City Council President Refer to Police Department  Action details Meeting details Not available
4/15/20190 City Council Assigned  Action details Meeting details Not available
4/15/20190 City Council Introduced  Action details Meeting details Not available

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 Dorsey                                                                                             

 

 

                     A Bill Entitled

 

An Ordinance concerning

title

Commercial Parking Facilities - Revisions

For the purpose of making certain revisions to the City’s ordinances regarding parking facilities; clarifying the application of the subtitle as it relates to commercial parking facilities; requiring that commercial parking facilities provide customers with proof-of-payment; prohibiting certain commercial parking facilities from removing motor vehicles without the owner’s consent; increasing certain fines; conforming and clarifying related provisions; and generally related to the regulation of commercial parking facilities.

body

                     

By repealing and reordaining, with amendments

Article 15 - Licensing and Regulation

Subtitle 12, to be under the amended subtitle designation

“Subtitle 12.  Commercial Parking Facilities”

Baltimore City Code

(Edition 2000)

 

By repealing and reordaining, with amendments

Article 1 - Mayor, City Council, and Municipal Agencies

Section(s) 40-14(e)(2)

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 12.  Commercial Parking Facilities [- Generally]

 

§ 12-1.  Definitions[; Scope].

 

[(a)  Definitions.]

 

(a)  [(1)]  In general.

 

In this subtitle, the following terms have the meanings indicated.

 

(b)  [(2)]  [Parking] Commercial parking facility.

 

“[Parking] Commercial parking facility” means any:

 

(1) [(i)]  garage, structure, or part of a structure for the parking, storage, housing, or              keeping of 3 or more motor vehicles in exchange for a fee or other                           consideration; or

 

(2)                     [(ii)]  parking lot or outdoor area or space for the parking, storage,                                         housing, or keeping of 3 or more motor vehicles in exchange for       a fee or other consideration.

 

(c)  [(3)]  Person.

 

“Person” means:

 

(1)  [(i)]  an individual;

 

(2)  [(ii)]  a partnership, firm, association, limited liability company, corporation, or                other entity of any kind;

 

(3)  [(iii)]  a receiver, trustee, guardian, personal representative, fiduciary, or                             representative of any kind; [and] or

 

(4)                     [(iv)]  a governmental entity or an instrumentality or unit of a governmental entity.

 

[(b)  Subtitle inapplicable to special-event parking.] 

 

§ 12-2.  Scope.

 

This subtitle does not apply to special-event parking lots operating under and in compliance with Subtitle 13 {“Parking facilities - Special-Event Parking Lots”} of this article.

 

 

 

 

 

 

 

§ 12-3.  {Reserved}

 

§ 12-4.  [§ 12-2.]  License required; fee.

 

(a)  In general.

 

(1)                     No person may operate a parking facility in the City of Baltimore unless the person has first obtained an annual license for the facility and has paid the annual fee for the license.

 

(2)                     The term of a license is from May 1 of each year through April 30 of the next year.

 

(b)  Fee.

 

(1)                     The annual fee for a parking facility license is $5.10 for every 100 square feet (or fraction of 100 square feet) of the gross area used for parking facility purposes, including all parking spaces, offices, ramps, driveways, aisles, toilets, car washing, greasing, or other facilities used in connection with the operation of the parking facility.

(2)                     For a license issued after July 31 and before November 1, the fee is 75% of that prescribed for the entire year.

 

(3)                     For a license issued after October 31 and before February 1, the fee is 50% of that prescribed for the entire year.

 

(4)                     For a license issued after January 31, the fee is 25% of that prescribed for the entire year.

 

(c)  Partial-year license.

 

(1)                     Any person desiring to operate a parking facility for an aggregate of no more than 6 months in any 1 license year may obtain a special partial-year license.

 

(2)                     The fee for a partial-year license is 1/12 of the annual license fee for each month or fraction of a month that the parking facility is in operation.

 

§ 12-5.  [§ 12-3.]  Transfer of licenses.

 

Except as otherwise provided in this subtitle, a license issued under this subtitle is transferable during the license year.

 

§ 12-6.  [§ 12-4.]  Tax arrearage bars renewal or transfer.

 

A license may not be issued to, renewed by, or transferred from or to any person from whom taxes, interest, or penalties are due and unpaid under City Code Article 28, Subtitle 22.

 

§ 12-7.  [§ 12-5.]  Refund on acquisition, etc., by City.

 

If the City acquires title to or control of a commercial parking facility or terminates an existing lease covering any property used as a parking facility, and the owner, lessee, or operator of the commercial parking facility is thereby required to terminate the operation of the facility, then the owner, lessee, or operator is entitled to a refund of that portion of the license fee paid for the unexpired term of the license.

 

§ 12-8.  [§ 12-6.]  Rules and regulations.

 

(a)  Authorized.

 

The Director of Finance may adopt rules and regulations for the administration and enforcement of this subtitle.

 

(b)  Filing.

 

A copy of all rules and regulations adopted under this subtitle must be filed with the Department of Legislative Reference before they become effective.

 

§ 12-9.  [§ 12-7.]  Cars left in street.

 

(a)  Prohibited conduct.

 

Except as specifically authorized in subsection (b) of this section, no person operating or employed by a commercial parking facility may store, park, or place a motor vehicle left for storage or parking on any street, alley, or highway in the City.

 

(b)  Exception.

 

(3)                     Subsection (a) of this section does not apply to the parking or placement of a vehicle on a street, alley, or highway if it is parked or placed there only for a sufficient time to permit the removal of another car from the commercial parking facility.

 

(4)                     This exception does not apply between 7 a.m. and 10 a.m. or between 4 p.m. and 6 p.m.

 

§ 12-10.  Proof-of-payment required.

 

(a)  In general.

 

A commercial parking facility must provide written proof of payment to each customer of the facility at the time of payment.

 

(b)  Form.

 

The proof of payment required under this section may be provided in either paper or electronic form .

 

§ 12-11.  Removal of vehicles.

 

(a)  Scope.

 

This section applies only to a commercial parking facility that:

 

(1)  is not compliance with any provision of this subtitle; and

 

(2)  continues to operate and hold itself out as a commercial parking facility. 

 

(b)  Prohibited conduct.

 

Subject to the limitations in subsection (a) of this section, no person operating or employed by a commercial parking facility may tow or contract with another person to tow a motor vehicle from the facility without the motor vehicle owner’s or authorized representative’s authorization.

 

§ 12-12.  {Reserved}

 

§ 12-13.  [§ 12-9.]  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 an environmental citation under City Code Article 1, Subtitle 40 {“Environmental Control Board”}.

 

(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.

 

(c)  Each day a separate offense.

 

Each day that a violation continues is a separate offense.

 

(d)  Each vehicle towed a separate offense.

 

Each vehicle towed in violation of §12-9(b) of this section is a separate offense.                                                                

 

§ 12-14.  [§ 12-10.]  Criminal penalties.

 

(a)  In general.

 

Any person who violates any provision of this subtitle or of a 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 imprisonment for not more than 6 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.

 

(c)  Each vehicle towed a separate offense.

 

Each vehicle towed in violation of §12-9(b) of this subtitle is a separate offense.

 

 

Article 1.  Mayor, City Council, and Municipal Agencies

 

Subtitle 40.  Environmental Control Board

 

§ 40-14.  Violations to which subtitle applies.

 

(e)  Provisions and penalties enumerated.

 

(2)  Article 15.  Licensing and Regulation

 

Subtitle 12. Commercial Parking Facilities [- Generally]                                           [$750] $1000

 

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.