§ 21-16-118. SAME - RIGHTS, DUTIES, AND OBLIGATIONS.

(a)

Requirements for trespass towers. A person who undertakes trespass towing:

(1)

May not charge the owner of the vehicle:

(i)

More than the fee approved by the Department for the service provided; or

(ii)

Except as provided in § 16-207(f)(1) of the Commercial Law Article of the Annotated Code of Maryland, more than $8 per day for storage;

(2)

Shall maintain a record in its ordinary course of business of every tow made under this title and shall retain the record for a minimum of 2 years and shall make available in a reasonable time and manner, for inspection by the Police Department or by the Department of Permits, Approvals and Inspections, its records kept in the ordinary course of business under this title;

(3)

Subject to paragraph (4) of this subsection, shall:

(i)

Immediately notify the Baltimore County Police Department and shall notify the Department of Permits, Approvals and Inspections within one business day after towing or removing the vehicle from the parking lot or garage; and

(ii)

Provide a second notification to the Police Department and the Department of Permits, Approvals and Inspections if the vehicle is not reclaimed within 72 hours;

(4)

In each notification required under this subsection, shall provide the following information:

(i)

A description of the vehicle including the vehicle's registration plate number and vehicle identification number;

(ii)

The date and time the vehicle was towed or removed:

(iii)

The reason the vehicle was towed or removed; and

(iv)

The locations from which and to which the vehicle was towed or removed;

(5)

Before towing or removing the vehicle, shall have written authorization of the parking lot or garage owner or operator or the owner or operator's agent, which shall include:

(i)

The name of the person authorizing the tow or removal; and

(ii)

A statement that the vehicle is being towed or removed at the request of the parking lot or garage owner or operator or the owner or operator's agent;

(6)

Shall make available for inspection by the Police Department or by the Department of Permits, Approvals and Inspections those motor vehicles that remain impounded or stored in the storage or repair facility of the towing service;

(7)

Shall obtain a surety bond in the amount of $20,000 to guarantee payment of any liability incurred under this title;

(8)

May not employ individuals commonly referred to as "spotters", whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding;

(9)

May not pay any remuneration to the owner of the parking lot or garage or to the agent of the owner;

(10)

May not charge a vehicle owner or agent or operator any fee for the services of a property owner's agent; and

(11)

May not charge the full approved trespass towing fee for incomplete tows.

(b)

Incomplete tows. If a vehicle owner returns to the vehicle at any time after the vehicle is attached to the tow truck but before it is towed from the parking lot or garage, the trespass tower must release the vehicle to the owner if the owner pays a release fee which shall be no more than one-half the approved towing fee had the vehicle been towed to the approved storage lot.

(c)

Occupants.

(1)

A trespass tower may not lift a vehicle if there is any person in the vehicle at the time the vehicle is initially attached to the tow truck, and the vehicle may not be moved from the parking lot or garage.

(2)

A release fee no more than one-half the approved towing fee had the vehicle been towed may be charged.

(d)

Blocking vehicles. A trespass tower may not block an unauthorized vehicle with a tow truck to obtain payment from the vehicle owner before attaching the vehicle to the tow truck.

(e)

Refusal to obey police officer. The owner or occupant of a vehicle that is the subject of a tow who refuses to obey an on-duty police officer who orders any occupant to exit the vehicle in order that the vehicle may be towed is guilty of a misdemeanor.

(1988 Code, § 24-238) (Bill No. 104-02, § 1, 1-5-2003; Bill No. 73-03, § 50, 7-1-2004; Bill No. 122-10, §§ 10, 30, 1-16-2011)