Bill No.                17-15                        

Concerning: Motor Vehicle Towing and Immobilization on Private Property – Amendments 

Revised:       July 21, 2015      Draft No. 5         

Introduced:      April 14, 2015                

Enacted:         July 21, 2015                 

Executive:       July 31, 2015                 

Effective:        November 30, 2015        

Sunset Date:  None                             

Ch.   40    , Laws of Mont. Co.    2015    

 

County Council

For Montgomery County, Maryland

 

Lead Sponsor: Councilmember Berliner

Co-Sponsors: Councilmembers Rice, Katz, Navarro, Hucker, Riemer, Elrich, Council Vice President Floreen and Council President Leventhal

 

AN ACT to:

(1)        [[authorize]] require the County Executive to set flat rates for certain towing services;

(2)        add certain notice and towing procedure requirements;

(3)        provide certain additional enforcement powers for the Office of Consumer Protection; 

(4)        prohibit the immobilization of certain vehicles; and

(5)        generally amend the law governing motor vehicle towing and immobilization on private property

 

By amending

            Montgomery County Code

            Chapter 30C, Motor Vehicle Towing and Immobilization on Private Property

            Sections 30C-1, 30C-2, 30C-3, 30C-4, 30C-5, 30C-6, 30C-7, 30C-8, 30C-9, 30C-10, and 30C-11

 

By adding

            Montgomery County Code

            Chapter 30C, Motor Vehicle Towing and Immobilization on Private Property

            Sections 30C-2 and 30C-12

 

Boldface Heading or defined term.

Underlining Added to existing law by original bill.

[Single boldface brackets] Deleted from existing law by original bill.

Double underlining Added by amendment.

[[Double boldface brackets]] Deleted from existing law or the bill by amendment.

* * * Existing law unaffected by bill.

 

 

 

 

 

 

 

 

The County Council for Montgomery County, Maryland approves the following Act:


          Sec. 1.  Sections 30C-1, 30C-2, 30C-3, 30C-4, 30C-5, 30C-6, 30C-7, 30C-8, 30C-9, 30C-10, and 30C-11 are amended, and Sections 30C-2 and 30C-12 are added, as follows:     

30C-1.  [[Definitions; scope]] Scope; purpose.

(a)     [[Definitions.  As used in this Chapter, unless the context indicates otherwise;

(1)     Office means the Office of Consumer Protection.

(2)     Immobilize means to use any method, object, or device, including a clamp or lock, to prevent or inhibit the movement of a motor vehicle.

(3)     Owner includes any person in lawful possession or control of a property or a motor vehicle.  The “owner” of general common elements of a condominium is the council of unit owners, or the council’s agent for parking management.  The “owner” of limited common elements of a condominium is the unit owner or owners who have the exclusive right to use the common elements, or the agent of that unit owner or owners.

(4)     Redemption area means any area or building where a vehicle owner may pay any charges necessary to redeem a vehicle.

(5)     Storage site means any land or building used by a towing service to store towed vehicles.

(6)     Towing means the removal, or preparation to remove, any motor vehicle by another motor vehicle for compensation.

(7)     Trespass towing service or towing service means any person who tows any motor vehicle from private property for compensation without the consent of the vehicle owner

(8)     Tow truck includes any motor vehicle used to tow, or attempt to tow, a motor vehicle from private property.

(9)     Unauthorized vehicle means any motor vehicle which a property owner has not consented to have parked on the property.

(b)]]   Scope.

(1)     This Chapter applies to the towing of a motor vehicle from private property, or the immobilization of a motor vehicle on private property, without the consent of the vehicle owner.

(2)     This Chapter does not apply to:

[a.](A)         [[Towing]] towing initiated by the vehicle owner;

[b.](B)         [[Towing]] towing approved or requested by a police officer, firefighter, or rescue squad member in the course of [[duty]] a criminal investigation or under [[the state]] State law [[on]] regulating abandoned vehicles; or

[c.](C)         [[Towing]] towing a [[motor]] vehicle while repossessing it.

(D)    towing from the yard or driveway of a single-family dwelling; or

(E)     towing from land immediately adjoining an electric or telephone utility building or structure that is not open to the general public.

(3)     [[Sections 30C-4 and 30C-6 do]] Section 30C-5 does not apply to[[:

[a.](A)         Towing]] towing from designated handicapped parking spaces[[;

[b.](B)         Towing from the yard or driveway of a one-family dwelling; or

[c.](C)         Towing from land immediately adjoining an electric or telephone utility building or structure that is not open to the general public]].

[[(c)]](b)      Purpose. The purpose of this Chapter is to protect the health, safety, and welfare of County residents and to regulate and authorize the County Executive to set maximum rates for the towing of vehicles from private property without the consent of the vehicle owner. This Chapter does not authorize the immobilization, towing or holding of any vehicle. To the extent that legal authority to immobilize, tow or hold a vehicle without the consent of its owner exists, that authority must be derived from other statutes or the common law. [This] [[The purpose of this]] This Chapter [[is to protect public safety by restricting]] [restricts] restricts the exercise of any such legal authority.

30C-2.        Definitions.

In this Chapter: 

Commercial property means real estate approved and designed for retail or wholesale trade, hotel, restaurant, offices, clinics, warehouses, light manufacturing, and other such uses but not for residential purposes.

GVWR means gross vehicle weight rating for the vehicle.

Immobilize means to use any method, object, or devise, including a clamp or lock, to prevent or inhibit the movement of a vehicle.

Office means the Office of Consumer Protection.

Property manager means any person who manages real property on behalf of the owner.

Property owner means the person in whose name the property is titled[[.]], or  any other person in lawful possession or control of the property.  The owner of general common elements of a condominium is the Council of unit owners or the Council’s agent for parking management.  The owner of limited common elements of a condominium is the unit owner or owners who have the exclusive right to use the common elements, or the agent of that unit owner or owners.

Redemption area means an area or building where a vehicle owner may pay any charges necessary to redeem a vehicle.

Residential property means real estate containing either a single family or multifamily structure that is available for occupation for non-business purposes.

Storage site means any land or building used by a towing service to store towed vehicles.

Tow or towing means use of a tow truck to remove a vehicle from private property for compensation without the consent of the vehicle owner.

Tow truck includes any vehicle which may tow or attempt to tow a vehicle from private property.

Trespass towing company or towing company means any person who tows any vehicle from private property for compensation without the consent of the vehicle owner.

Unauthorized vehicle means any vehicle which a property owner has not consented to have parked on the property owner’s property.

Vehicle means a device that is able to transport persons or property on a public highway and is required to be registered pursuant to Title 13 of the Transportation Article of the Annotated Code of Maryland.

Vehicle Owner means the person in whose name the title to a vehicle is registered.

[[30C-2]] 30C-3. Maximum rates.

(a)     When [[charging for]] towing a motor vehicle from private property without the consent of the owner, a towing [[service]] company must [not] not charge[[:

(1)     a flat rate established by the Executive under this Section; or

(2)     a rate that is not]] more than a maximum rate [which the county executive must establish by regulation under method (2)] [[established by the Executive under this Section]] which the County Executive must establish by regulation under method (2). [The executive must review the rates at least every two (2) years.] The Executive must review the rates at least every two (2) years.

(b)     The [executive] Executive must set [[by method (2) regulation, and review at least every two years, either]] fair and reasonable [[flat rates or]] maximum rates for each of the following acts:

(1)     towing, which includes [[Attaching]] attaching the vehicle to be towed to the tow truck, towing the vehicle to a storage site, and the first 24 hours of storage;

(2)     [[Towing the vehicle to a storage site. This rate must be based on the distance the vehicle is towed;

(3)]]   [[Storing]] storing the vehicle until it is redeemed; and

[[(4)]](3)      [[Any]] any other service needed to safely remove a vehicle.

(c)      The fee for releasing a vehicle under section [[30C-7]] 30C-8 must not exceed [[one-half the attachment fee set under subsection (b)(1)]] $25.

(d)     A towing company may charge a vehicle owner a fee for providing notice under section 30C-6(e) only if the vehicle has not been reclaimed within 48 hours after the towing or removal of the vehicle; the fee must not exceed the actual cost of providing that notice.

(e)      A towing [[service]] company must not charge for any act not listed in this section unless that act was expressly requested by the vehicle owner.

[[30C-3]] 30C-4. Administration; rates.

(a)     Each tow truck operated by a trespass towing company must be identified, registered, and insured as required under State law, except that any required lettering must be placed on both sides of the truck. Each driver employed by a trespass towing service must be at least 18 years of age and must have a valid license to operate a tow truck.

(b)     Every trespass towing [[service]] company must [[file]] register with the Office and must file a schedule of its rates for each action connected with the towing or storage of unauthorized vehicles. The Office may disapprove a rate that[[:

(1)     is different from a flat rate set under Section 30C-2; or

(2)]]   exceeds [the] a maximum rate set under Section 30C-2.

(c)      A trespass towing [[service]] company must not charge a rate that is higher than the rate on file with the Office for any action in connection with the towing or storage of any unauthorized vehicle.

(d)     Each trespass towing [[service]] company must furnish the Office proof that it carries the insurance required under Section 31A-15(b). Each trespass towing [[service]] company must inform the Office of the type of business organization or ownership in which the [[service]] company operates and the names and current addresses of all owners or, if the [[service]] company is a corporation, of the officers of the corporation and the name and address of a person authorized to accept service of process.

(e)      A property owner must not order the towing of an unauthorized vehicle unless the property owner has entered into a written contract that authorizes a towing [[service]] company to tow vehicles from the owner’s property.  This provision does not apply if the towing [[service]] company is the record owner of the property from which a [[motor]] vehicle is towed.  The property owner and the towing company must keep on file each contract that is in effect, or that was terminated within the previous 12 months. The Office, the Police Department, and the owner of any vehicle towed by the [[service]] company may inspect and copy any contract during normal business hours. The Office may issue model contracts that meet the requirements of this Chapter.

          Any new written contract must include:

(1)     a statement that the property owner is responsible for posting proper and sufficient signage to notify the public of parking restrictions;

(2)     a statement that the property owner is responsible for expressly authorizing the towing of a particular vehicle, except as allowed under 30C-5(c)(10), and that the existence of this contract does not constitute express authorization;

(3)     a statement that a property owner or towing company is liable for a violation of any duty imposed on the property owner or towing company by Chapter 30C, and the damages payable are three times the amount of any towing, release or storage fees charged; [[and]]

(4)     a statement that a property owner and a towing company are jointly and severally liable for a violation of any duty imposed on the towing company by Chapter 30C, with a right of contribution or indemnification; and

(5)     a statement that any violation of any duty imposed on the property owner or towing company by Chapter 30C subjects the property owner or towing company to a potential fine of [[$500.00]] up to $1,000.00.

(f)      [[The Office may issue subpoenas to compel the production of documents, papers, books, records, and other evidence in any matter to which this Chapter applies.]] Any property owner wishing to engage in the non-consensual towing of vehicles from their property must first register each commercial parking lot with the Office of Consumer Protection using an electronic registration program.  The property owner must provide:

(1)     the name and contact information for the property owner;

(2)     the name and contact information of all individuals who may authorize the towing of each vehicle;

(3)     a copy of the contract between the property owner and the towing firm; and

(4)     a diagram of the dimensions of the parking lot including a mark indicating the locations of each sign stating the parking restrictions and disclosures required by County and State law.

(g)     [[Any violation of this chapter is a class A violation.]] A property owner must update the information provided to the Office of Consumer Protection within 24 hours of any changes to the information provided under subsection (f).

(h)     A property owner must provide [[quarterly]] annual reports regarding the number of vehicles towed and the reason why each vehicle was towed, unless the Director of the Office of Consumer Protection waives the requirement after finding that Police Department records meet the Office’s needs for enforcement of this Chapter.

[[30C-4]] 30C-5. Public notice; tow procedures.

(a)     Requirement.  Before towing a motor vehicle from private property without the consent of the vehicle owner, the property owner and the towing [[service]] company must comply with all applicable provisions of this section.

(b)     Signs.

(1)     A property owner must post a sign, notifying the public of parking restrictions, at least 24 hours before towing or ordering the towing of an unauthorized vehicle.

(2)     [[Sufficient numbers of signs must be posted permanently so that at least one sign is clearly readable from each parking area and each vehicle entrance to the property at all times.]] [Alternatively] [[Additionally, in a parking lot with more than 100 parking spaces, at least one sign must be posted in a conspicuous place for each [75] 25 parking spaces, and each sign must be readable from all affected spaces.]] The property owner must post a sufficient number of signs so that:

(A)    at least one sign is clearly readable from each parking area and each vehicle entrance to the property at all times; or

(B)     in a parking lot with more than 45 parking spaces, at least one sign must be posted in a conspicuous place for each 45 parking spaces and each sign can be read from all affected spaces.

(3)     Each sign must:

[a.](A)         be at least 24 inches high by 30 inches wide;

(B)     [[Summarize]] summarize all parking restrictions on the property enforced by towing unauthorized vehicles, including time and area restrictions;

[b.][[(B)]](C)         [[Indicate]] state that a [[vehicles violating]] vehicle parked in violation of the restrictions may be towed at the vehicle owner's expense; [[and]]

[c.][[(C)]](D)         state that County and State law require that towed vehicles be available for redemption 24 hours per day, seven days per week;

(E)     state the maximum amount that the owner of the vehicle may be charged for the towing or removal of an unauthorized vehicle;

(F)     [[List]] list the name and telephone number of each towing [[service]] company hired to tow unauthorized vehicles from the property, [[or a telephone number that is answered personally at all times of the day and night by the property owner or an agent of the owner who is informed of each vehicle towed from the property]] and the location to which the vehicle will be towed;

(G)    be sized [[and made of reflective material that can be seen in low light,]] and located so that it is able to be read by motorists in daylight and at night; and

(H)    be maintained in a legible and unobstructed condition.

[[(4)   Each sign must be sized, printed and located so that it is readable by motorists in daylight and at night.

(5)     The property owner must maintain each sign in legible and unobstructed condition.

(6)]](4)        An owner of residential property, including a condominium, cooperative or homeowners' association, may also have an unauthorized vehicle towed from that property [[without posting the signs required by this subsection if]] by posting the signs required in subsection (b)(2) only at the entrances to that property and:

[a.](A)         [[A]] a notice specifying a violation of an applicable rule or covenant is securely attached to the vehicle in a conspicuous place;

[b.](B)         [[The]] the date and time the notice was attached is written on it;

[c.](C)         [[The]] the notice informs the vehicle owner that:

                                      (i)      the violation must be corrected or the vehicle may                                     be towed at the vehicle owner's expense 48 hours                                      after the notice is attached; and

                                      (ii)     an unauthorized vehicle that has received a notice                                      of the same violation under this Section on the same                       property within the previous 180 days may be towed                      without any further notice; and

[d.](D)         [[The]] the vehicle is not towed until at least 48 hours after the notice is attached unless the unauthorized vehicle received a notice of the same violation under this Section on the same property within the previous 180 days.

[[(7)]] (5)     An owner of a commercial parking lot [[with more than 100 spaces]] may have an unauthorized vehicle towed from that property [[without posting the signs required by this subsection if]] by posting the signs required in subsection (b)(2) only at the entrances to that property and:

[a.](A)         [[A]] a notice specifying a violation of an applicable rule or covenant is securely attached to the vehicle in a conspicuous place;

[b.](B)         [[The]] the date and time the notice was attached is written on it;

[c.](C)         [[The]] the notice informs the vehicle owner that:

                                      (i)      the violation must be corrected or the vehicle may                                     be towed at the vehicle owner's expense 24 hours                                      after the notice is attached; and

                                      (ii)     an unauthorized vehicle that has received a notice                                      of the same violation under this Section on the same                       property within the previous 180 days may be towed                      without any further notice; and

[d.](D)         [[The]] the vehicle is not towed until at least 24 hours after the notice is attached unless the unauthorized vehicle received a notice of the same violation under this Section on the same property within the previous 180 days.

(c)      Tow procedures.

(1)     Except as provided in subsection (c)(10), a [[property owner]] towing company must not tow a motor vehicle from [[the owner’s]] private property unless the property owner has, directly or through an agent, expressly authorized the towing of the particular vehicle.

(2)     [[The authorization to tow may take the form of a tow slip.]] The property owner must authorize the towing of a vehicle in writing via tow authorization form in person, or via fax, email, or other electronic means approved by the Director of the Office of Consumer Protection.

(3)     The Office may issue a model tow [[slip]] authorization form.

(4)     [[If a tow slip is used, the property owner or the owner's agent must sign the slip immediately before the vehicle is towed.  A legible copy of the slip must be securely attached to the vehicle.

(5)]]   Any property owner or any person acting as an agent of a property owner, must not:

[a.](A)         [[Falsely]] falsely state that a property owner authorized the towing of a particular vehicle; or

[b.](B)         [[Record]] record any false information about the towing of a particular vehicle[[; or

[c.](C)         Sign a tow slip before all of the information relating to the towing of a particular vehicle is recorded on the slip]].

[[(6)]](5)      A towing [[service]] company must not charge a vehicle owner any fee for the services of another agent of the property owner.

[[(7)   In this subsection, "owner" means the person in whose name title to the property is registered. The "owner" of general common elements of a condominium is the council of unit owners. The "owner" of limited common elements of a condominium is the unit owner or owners who have the exclusive right to use the common elements. "Property manager" means a person who generally manages the property on behalf of the owner.

(8)]](6)        A person must not act as a property owner's agent for the purpose of ordering the towing of an unauthorized vehicle, unless the owner or property manager has expressly authorized in writing the person to so act.

[[(9)]](7)      An agent of a property owner, for the purpose of ordering the towing of an unauthorized vehicle, must not:

[a.](A)         [[Be]] be employed by, or have any member of his or her immediate family employed by, any towing [[service]] company; or

[b.](B)         [[Have]] have any financial interest in any towing [[service]] company or the towing of any motor vehicle.

                   This provision does not apply if the towing [[service]] company is the record owner of property from which a motor vehicle is towed.

[[(10)]](8)    An unauthorized vehicle may be towed from private property without the express authorization of the property owner or the owner's agent only[;

a.       Between 2:00 a.m. and 9:00 a.m.; or

b.       If]:

(A)    Between 2:00 a.m. and 9:00 a.m.; or

(B)     if the vehicle is [[directly]] blocking a clearly marked fire lane or access to another vehicle, the property or a building on the property.

[[(11)]](9)    Before towing or authorizing the towing of an unauthorized vehicle from private property [[, a person]] under this Section, [[the towing company]] a person must obtain photographic evidence of the violation or event that precipitated the towing of the vehicle. The photograph must be available for inspection by any interested party for at least one year, and a copy of the photograph must be provided to the vehicle owner along with the receipt required under Section 30C-9.

[[(12) A towing company must not attach to a tow truck or tow an unauthorized vehicle from private property that is held open to the public for parking within 15 minutes of the vehicle being parked, unless the vehicle is:

(A)    blocking a clearly marked fire lane;

(B)     blocking access to another vehicle;

(C)     blocking access to the property or a building on the property; or

(D)    parked in a parking space reserved for disabled persons without a valid handicapped registration plate or valid disabled person's parking permit.]]

 (d)    (1)     A property owner may move a vehicle within a parking lot   without prior notice to the vehicle owner, but must not remove          the vehicle from the lot, when moving the vehicle is necessary      to:

[a.](A)         [[Remove]] remove large quantities of snow or debris;

[b.](B)         [[Repair]] repair the parking lot; or

[c.](C)         [[Respond]] respond to a threat to a person's safety or health.

(2)     In moving a vehicle within a parking lot, a property owner must:

[a.](A)         [[Take]] take reasonable care not to damage the vehicle;

[b.](B)         [[Pay]] pay any cost of moving the vehicle; and

[c.](C)         [[Inform]] inform the vehicle owner where the vehicle was relocated or return the vehicle to its original location as soon as possible.

(e)      A vehicle must not be towed from private property solely for a violation of failure to display a valid current registration under Section 13-411 of the Transportation Article of the Annotated Code of Maryland until 72 hours after a notice of violation is placed on the vehicle.

(f)      [[A property owner or towing]] [[service]] [[company must not employ or use the services of an individual commonly referred to as a “spotter,” whose primary task is to report the presence of unauthorized parked vehicles for the purpose of towing or removal.  For the purposes of this subsection, “primary task” means an individual’s job function that accounts for more than 50% of the individual’s compensation or hours worked.]]  Except between 2:00 a.m. and 9:00 a.m., a towing company must not monitor, patrol, or otherwise surveil [[private]] commercial property for the purposes of identifying unauthorized parked vehicles for towing and removal.

[[30C-5]] 30C-6. Notice [[to police]].

 (a)    [[If a]] A towing [[service]] company that tows an unauthorized vehicle from private property[[, the property owner or the owner’s agent]] must notify the County or municipal Police Department with jurisdiction over the site of the tow before the towing [[service]] company leaves the property. The [[owner or agent]] towing company must tell the Police Department:

(1)     [[The]] the name of the towing [[service]] company;

(2)     [[The]] the make, model, color, year [[(if known)]], vehicle identification number and registration plate number of the towed vehicle;

(3)     [[The]] the address the vehicle was towed from;

(4)     [[The]] the time the vehicle was towed; [[and]]

(5)     the reason the vehicle was towed; and

(6)     [[The]] the storage site where the vehicle will be stored.

(b)     The [[property owner or the owner’s agent]] towing company must promptly notify the police department if the towing [[service]] company moves the vehicle to another storage site.

(c)      The property owner [[or]] [the owner’s agent] [[property manager]] and the towing company must retain each tow [[slip]] authorization form [[and, for those vehicles towed without a tow slip, a record of the information furnished to the police,]] and, for those vehicles towed without a tow authorization form, the towing company must retain a record of the information furnished to the police for one year after the tow. [[For each vehicle towed without a tow slip, the property owner or [agent] property manager must record and retain the name of the owner of the property and, if the tow was authorized by an agent, the name of the agent.]] The Police Department, the Office, and the owner of any vehicle towed by the service may inspect and copy [[this information]] tow authorization forms at any time during normal business hours.

(d)     The [[property owner or the owner’s agent]] towing company must promptly notify the County Police Department by telephone of each vehicle that has remained in a towing [[service's]] company’s possession for 72 hours. The [[property owner or the owner’s agent]] towing company must tell the Police Department:

(1)     [[All]] all information required under subsection (a); and

(2)     [[The]] the vehicle identification number of the towed vehicle.

(e)      Within seven days after the towing or removal of the vehicle, the towing company must notify the owner, any secured party, and the insurer of record by certified mail, return receipt requested, and first class mail, of the same information required to be given to the Police Department under subsection (a) of this Section.

(f)      The towing Company must provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this Section.

[[30C-6]] 30C-7.  Handicapped vehicle owners.

          A property owner must not authorize a towing [[service]] company to tow a vehicle with a valid handicapped registration plate or valid disabled person’s parking permit conspicuously displayed from private property without the consent of the vehicle owner unless:

(a)     [[The]] the tow is expressly authorized by a police officer at the request of the property owner; or

(b)     [[The]] the vehicle is blocking a clearly marked fire lane or access to another vehicle, the property or a building on the property.

[[30C-7]] 30C-8. Incomplete tows.

(a)     If a vehicle owner returns to an unauthorized vehicle at any time after the vehicle is attached to the tow truck but before it is towed from private property, the towing [[service]] company must release the vehicle to the owner if the owner pays a release fee as provided in Section [[30C-2(c)]] 30C-3(c).  The towing service must accept payment by cash or credit card as under Section 30C-9(b) and must not charge any other fee for attaching or releasing the vehicle.

(b)     A towing [[service]] company must not charge for releasing an unauthorized vehicle unless the service has physically attached the vehicle to the tow truck and lifted the vehicle at least 6 inches off the ground before the vehicle owner returns. If the towing [[service]] company has begun to attach the vehicle to the tow truck but has not completed the attachment or lifted the vehicle, the towing [[service]] company must release the vehicle without charging the owner any fee.

(c)      A towing [[service]] company must not block an unauthorized vehicle with a tow truck to obtain payment from the vehicle owner before attaching the vehicle to the tow truck.

(d)     The towing [[service]] company must provide a receipt that includes a reference to the County Code provisions setting the release fee and meets all of the requirements [[of section 30C- 8(f)]] for receipts under Section 30C-9(e), indicating the release fee paid and the date of the incomplete tow.

[[(e)   A police officer or investigator employed by the Office may order a towing service to release a vehicle, or to stop attaching a vehicle, at any time.]]

[[30C-8]] 30C-9. Redemption and storage procedures.

(a)     Storage of towed vehicles. A [[property owner must have an authorized vehicle towed]] towing company must immediately deliver a towed vehicle directly to a storage site that complies with the following conditions:

(1)     A storage site must not be more than [[12]] 15 miles from the origin of the tow.  [[Each vehicle must be towed to the nearest storage site available to the towing service.]] Every storage site must be located in Montgomery County, unless the nearest storage site is within one mile of the County line.

(2)     A storage site must be brightly lit at all times.

(3)     A towed vehicle must not be stored more than a reasonable walking distance from a redemption area.

(4)     The towed vehicle and its contents must be kept secured at all times.

(5)     The storage site must remain open and have personnel on-site for redemption of vehicles at [[least 2 hours after the completion of the last tow]] 24 hours per day, seven days a week.

(6)     The storage site must be identified by a sign at the entrance indicating the name and telephone number of the tow service.

 (b)    Payment and promise to pay.

(1)     Cash payment. A trespass towing [[service]] company must accept payment in cash, or by a traveler's check accompanied by reasonable identification.

(2)     [[Options.

[a.](A)         Each trespass towing service must accept as full payment either a credit card slip or a personal check, at the option of the towing service, validly signed by the vehicle owner or the owner's agent for the amount of all valid charges.

[b.](B)         Each trespass towing service must notify the Office on the rate schedule filed under Section 30C-3 whether it opts to accept credit cards or personal checks or both. The towing service must notify the Office if it changes that option.

[c.](C)         The option chosen by a trespass towing service must be available to the owners of all vehicles towed by that service without the consent of their owners.

(3)]]   Credit card [[option]] payment.

[[[a.](A)]]    Each trespass towing [[service]] company must accept the [[2]] two most widely used major credit cards. The Office must define, in regulations under method (2), which major credit cards are the [[2]] two most widely used.

[[[b.](B)      In addition, if a trespass towing service accepts any other credit card for any other purpose, it must accept that credit card under this Chapter.

(4)     Personal check option. A trespass towing service must, if it does not accept the 2 most widely used credit cards under subsection (c)(3), accept a personal check, with reasonable identification, if the vehicle is registered in Maryland.

(5)]](3)        Withholding payment. If:

[a.](A)         [[The]] the vehicle owner withholds payment in a credit card transaction with a towing service under this Chapter; and

[b.](B)         [[A]] a court in any subsequent civil action finds that the tow was valid and the amount charged was correct; the vehicle owner must pay the towing [[service]] company, in addition to the amount validly charged, liquidated damages of [[2]] two times the amount validly charged (but not more than $1,000.00) and all reasonable costs of collection, including court costs and a reasonable attorney's fee.

[[(6)   Stopping payment. If:

[a.](A)         The vehicle owner stops payment on a check written to a towing service under this chapter;

[b.](B)         The towing service follows the procedures in state law for collection of dishonored checks; and

[c.](C)         A court in any subsequent civil action finds that the tow was valid and the amount charged was correct; the vehicle owner must pay the towing service, in addition to the amount validly charged, liquidated damages of 2 times the amount validly charged (but not more than $1,000.00) and a collection fee of $25.00.]]

[[(7)]](4)      Applicability. This subsection applies to payment of any charge arising from the towing or storage of a vehicle without the owner's consent, and to payment for an incomplete tow under Section [[30C-7]] 30C-8.

[[(8)]](5)      Purpose. This subsection and Section [[30C-7]] 30C-8 do not create or imply a lien in favor of a towing [[service]] company when such a lien would not otherwise exist. This subsection and Section [[30C-7]] 30C-8 do not give a towing [[service]] company a right to retain possession of any vehicle it would otherwise have to return to the vehicle owner.

(c)      Rates displayed. Every trespass towing [[service]] company must display prominently, at each redemption area, a copy of its current rates and a statement that these rates do not exceed the rates filed with the Office. Every trespass towing [[service]] company must also display prominently a sign, furnished at a reasonable fee by the Office, listing the Office's telephone number and summarizing the vehicle owner's rights under this Chapter.

(d)     Storage fee. A trespass towing [[service]] company must not charge a storage fee for any time before the vehicle actually reaches the storage site [[or the service notifies the Police Department under Section 30C-5, whichever is later]].

(e)      Receipt. Upon receiving payment, a towing [[service]] company must furnish the vehicle owner a receipt on a form approved by the Office. The receipt must:

(1)     [[Record]] record the amount paid to redeem the vehicle, the actions for which the vehicle owner paid, and the date and time of the redemption;

(2)     [[Be]] be signed legibly by an agent of the towing [[service]] company, and list the name, address and telephone number of the towing [[service]] company;

(3)     identify the violation or event that precipitated the towing of the vehicle;

(4)     include photographic evidence of the violation required under subsection 30C-5(c)(11); and

(5)     [[Briefly]] briefly inform the vehicle owner that the Office can explain the vehicle owner's rights and how to enforce them in small claims court or another appropriate forum if the vehicle owner believes that any provision of County law has been violated, and that the owner may obtain a copy of the law from the Office.

(f)      Damage waiver. A trespass towing [[service]] company must not require a vehicle owner to sign any waiver of the owner's right to receive compensation for damages to the vehicle.

(g)     Inspection and retrieval of personal property.  A storage site that is in the possession of a towed vehicle shall make the vehicle available, without charge, to the owner, the owner’s agent, a secured party, or the insurer of record, under the supervision of the storage site, for:

(1)     inspection; or

(2)     retrieval from the vehicle of personal property that is not attached to the vehicle.

[[30C-9]] 30C-10. Liability for damages.

(a)     Any trespass towing [[service]] company, and any private property owner who authorizes, expressly or under a standing authorization, the towing of a vehicle from private property, are liable for violation of any duty imposed on the [[service]] company or owner by this Chapter with regard to:

(1)     [[Any]] any towing of a vehicle that does not comply with this [[chapter]] Chapter;

(2)     [[Any]] any towing of a vehicle in the mistaken belief that the vehicle was not authorized to park in the place from which it was towed; and

(3)     [[Any]] any damages to a towed vehicle incurred during the tow or storage and caused by a lack of reasonable care by the towing [[service]] company, the property owner or an agent of either.

(b)     A property owner is not liable for the towing of a vehicle if the property owner did not expressly authorize the towing, [[expressly or under a standing authorization]] and does not otherwise have a business relationship with the towing company.

(c)      Except as provided in subsection (b), a [[A]] property owner and a towing [[service]] company are jointly and severally liable for the violation of any duty imposed by this Chapter on the towing [[service]] company, with a right of contribution or indemnification.

(d)     A vehicle owner must mitigate any damages recoverable under this [[chapter]] Chapter.

(e)      Damages payable under subsections (a)(1) and (a)(2) are [[3]] three times the amount of any towing, release or storage fees charged.

[[30C-10]] 30C-11. Rebates prohibited.

          A towing [[service]] company must not pay or offer to pay a property owner, and a property owner must not accept payment, for authorizing the towing of a vehicle from any private property.

30C-12.  Enforcement, police power, subpoena authority.

(a)     The Office of Consumer Protection and the Montgomery County Police Department enforce this Chapter.

(b)     A police officer or Office of Consumer Protection investigator may order a towing company to release a vehicle, or to stop attaching a vehicle, at any time to prevent a breach of the peace or if the investigator or officer has reasonable cause to believe that the tow would be or was unlawful.

(c)      The Office may issue subpoenas to compel the production of documents, papers, books, records, and other evidence relevant to the investigation of a complaint filed with the Office in any matter to which this Chapter applies.

(1)     If any person does not comply with any subpoena issued under this Chapter, the County may enforce the subpoena by appropriate legal action.

(2)     Any court with jurisdiction may grant injunctive or other appropriate relief to enforce a subpoena.

(3)     A person must comply with any subpoena issued under this Chapter.

(d)     Any violation of this Chapter is a Class A violation.  The maximum civil fine is $500 for a first offense, and $1,000 for subsequent offenses.

[[30C-11]] 30C-13. Immobilization [restrictions] prohibited.

(a)     Applicability. A person must not immobilize a motor vehicle owned by another person [without complying with all requirements of this section] on private property, without the consent of the vehicle owner.

(b)     [Signs. The owner of the property on which a vehicle is immobilized must permanently post a sufficient number of signs which meet all requirements of Section 30C-4(b)(1)-(5) on the property at least 24 hours before a person immobilizes an unauthorized vehicle. The text of the sign must reflect that vehicles may be immobilized rather than, or in addition to, being towed, and must specify the rate charged to release a vehicle. The Department of Housing and Community Affairs may by regulation prescribe the text, graphics, symbols, shape, size, color, or other elements necessary for a sign to comply with this section.

(c)      Requirements. A person must not immobilize an unauthorized vehicle unless:

(1)     the owner of the property where the vehicle is located has expressly authorized the person to immobilize unauthorized vehicles on the property;

(2)     the person, and any business that employs the person to immobilize vehicles, has registered with the Department of Housing and Community Affairs under Section 31A-2 as if Chapter 31A applies to that person and business;

(3)     the person has been adequately trained to apply an immobilizing device;

(4)     signs meeting all requirements of subsection (b) have been properly posted on the property;

(5)     the person attaches to the vehicle's front windshield a notice prominently warning the operator not to move the vehicle;

(6)     the person takes reasonable care not to damage the vehicle; and

(7)     the owner of the property carries at least $25,000 in liability insurance which will cover any damage to the vehicle.

(d)     Entrapment not allowed. A person must not immobilize a motor vehicle on private property if:

(1)     the property is a parking garage or lot which is normally used for paid public parking and operated by an attendant;

(2)     the vehicle entered the garage or lot between 6 p.m. and 8 a.m.; and

(3)     the garage or lot was unattended, and access to the garage or lot was not physically blocked, when the vehicle entered.

(e)      Release of vehicle. A person who is authorized to release immobilized vehicles must:

(1)     arrive as promptly as possible, but in any case within 30 minutes after the owner or operator of an immobilized vehicle calls the telephone number listed on the sign posted at the property and requests the release of the vehicle;

(2)     immediately release the vehicle after a lawful release fee is paid;

(3)     not require the vehicle owner or operator to waive any right to receive compensation for damages to the vehicle; and

(4)     give the operator of the vehicle a receipt which legibly shows:

(A)    the release fee paid,

(B)     the date, time, and location of the release, and

(C)     the name of the person who received the payment and any business for which the person acted.

(f)      Maximum rate. A person must not charge more to release an unauthorized vehicle than a maximum rate set by the County Executive by regulation under method (2). The Executive must set a maximum rate which fairly compensates the property owner for the reasonable cost of immobilization, but which does not exceed $50, and must review the maximum rate at least every 2 years.

(g)     Payment and promise to pay. A person who is authorized to release immobilized vehicles must accept payment:

(1)     in cash, or by a traveler's check accompanied by reasonable identification;

(2)     by a personal check, accompanied by reasonable identification, if the vehicle is registered in Maryland; or

(3)     by the 2 most widely used major credit cards, as defined by the Department of Housing and Community Affairs. In addition, if the person, or the business which employs the person, accepts any other credit card for any other purpose, the person must accept that credit card for this purpose.

                   The remedies in Section 30C-8(b)(5)-(6) apply to any payment under this section.

(h)     No lien. This section does not create or imply a lien in favor of any person when such a lien would not otherwise exist. This section does not give any person a right to retain possession of any vehicle it would otherwise have to return to the vehicle owner.

(i)      Public property. Only a properly authorized agent of a government agency with jurisdiction over a public road or other public property may immobilize a motor vehicle on that road or property.

(j)      Enforcement; police power. The Department of Housing and Community Affairs and the Police Department enforce this section. A police officer may order a person not to immobilize a vehicle, or to release an immobilized vehicle without payment, at any time to prevent a breach of the peace or if the officer has reasonable cause to believe that the immobilization would be or was unlawful.

(k)]    Civil remedy. Any person whose vehicle has been unlawfully immobilized, unlawfully held after being lawfully immobilized, or damaged while immobilized, may recover from the owner of the property or any other person responsible for immobilizing the vehicle, in a civil action, the greater of:

(1)     all actual damages sustained; or

(2)     liquidated damages of $100.

                   This remedy does not replace or limit any other remedy available by law.


 

 

Approved: