“Department” means the Department of Consumer Protection and Business Licensing.
“License” means the license to engage in the business of towing vehicles within Baltimore City issued pursuant to this subtitle.
“Motor vehicle” means any vehicle which is self-propelled or propelled by electric power obtained from overhead electrical wires, but not operated upon rails.
“Person” has the meaning stated in <cite data-path="|general|1|1|1-107">§ 1-107 </cite>of the City Code’s <cite data-path="|general">General Provisions Article</cite>.
When used in any clause imposing a penalty, the term “person”:as applied to a partnership or association, includes the partners or members thereof; and
as applied to a corporation, includes the officers thereof.
“Police Department” means the Baltimore City Police Department.
“Storage” means the holding and safekeeping of motor vehicles.
“Towing” means the moving or removing of a vehicle by another motor vehicle.
“Towing service” means the operation of removing or towing motor vehicles for compensation.
“Tow truck operator” means any person who is the operator of a towing vehicle.
City Code, 1976/83, art. 15, §132
Ord. 89-273
Ord. 22-125
City Code, 1976/83, art. 15, §134(a)
Ord. 89-273
Ord. 11-475
Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, the Department is required to promulgate and adopt rules and regulations to carry out the purpose and intent of this subtitle.
In accordance with <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">General Provisions Article</cite> <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general|4|3|4-301">§ 4-301</cite>, the Department must publish, for public hearing and comment, notice of all rules and regulations proposed for adoption under this subtitle.
The rules and regulations shall have the same force and effect as law.
City Code, 1976/83, art. 15, §134(b)
Ord. 89-273
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsections (a) and (b) of this section to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
It shall be unlawful for any person to engage in a towing service in Baltimore City without a valid towing license issued by the Director of Consumer Protection and Business Licensing.
The license is renewable annually.
The provisions of this section shall not apply to:persons towing their own motor vehicles;
a motor vehicle towed with permission of the owner or operator of the motor vehicle;
a towing service that tows without any charge, fees, or dues connected therewith;
a towing service that tows a motor vehicle into or through Baltimore City, from a point outside the City;
the transportation of motor vehicles for sale to and from licensed automobile dealers; or
a towing service owned and operated by the government of the United States, State of Maryland, Baltimore City, or any other governmental entity.
City Code, 1976/83, art. 15, §133
Ord. 89-273
Ord. 94-408
Applications shall be made on forms furnished by the Department.
With the application, the applicant shall pay a non-refundable application fee of $100 to the Director of Finance.
Before the examination, the applicant shall pay an additional non-refundable fee, to be set from time to time by the Board of Estimates in an amount sufficient to cover the cost to the City of necessary background checks and investigations.
Prior to the issuance of a license, the Department shall determine the qualifications of each applicant to be licensed as hereinafter provided.
The Department shall conduct an investigation of the applicant for a towing service license.
The investigation shall include the following:a determination that the applicant has the ability to engage in the licensed activity without detriment to the public;
the adequacy of the applicant’s storage and/or repair facilities;
whether the storage facility is located in a location that is readily accessible for the recovery of a motor vehicle;
proof that the vehicle(s) to be licensed is properly registered and complies with all applicable laws, regulations, and rules established by the State of Maryland pursuant to the State Transportation Article;
proof that the applicant has complied with any other rule or regulation provided in this subtitle or, subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|general">City General Provisions Article</cite>, adopted by the Department; and
proof that the applicant’s storage and/or repair facilities are located in a place which is properly zoned for such use.
No person shall be denied a license solely on the grounds that he has a criminal record, unless such conviction is within a period of 3 years prior to the application and involves the theft of property or constitutes a series of crimes which include the theft, receiving, or sale of stolen motor vehicles.
Each application shall include the name and business address of a natural person 18 years of age or older who:is customarily present in an office in the City for the purposes of transacting business; and
has been designated by the applicant as the applicant’s authorized agent:for receiving notices issued pursuant to this subtitle; and
for receiving court process on behalf of the applicant in connection with the enforcement of this subtitle.
The Department must be notified within 10 days of any change in the designated agent.
City Code, 1976/83, art. 15, §135(a)(intro), (2) - (4)
Ord. 89-273, Ord. 91-726
Ord. 06-357
Text Conformed 03/01/21
By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (b)((3)(v) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.
On approval by the Department of a license application and payment of the applicable license fee to the Director of Finance, the Director of Consumer Protection and Business Licensing shall issue the license.
The annual license fee is $100 for each vehicle to be used by the licensee for towing under this subtitle.
If a license is lost, mutilated, or destroyed, a duplicate shall be issued on payment of a replacement fee of $10.
City Code, 1976/83, art. 15, §135(a)(1), (b)
Ord. 89-273
Ord. 06-357
The license issued under this subtitle must be prominently displayed in the licensee’s storage facilities.
A copy of the license shall be kept in each tow truck licensed under this subtitle.
Each tow truck shall have painted on both sides of the vehicle or on a sign attached thereto, in a color which contrasts with the color of the body paint and in letters not less than 4 inches in height, the name, address, telephone number, and license number of the licensee.
City Code, 1976/83, art. 15, §135(c), (d)
Ord. 89-273
Every person engaged in providing towing services shall, at the time of application for a license, file with the Department a schedule setting forth the applicant’s proposed charges for towing and for any services incident to towing.
The charges shall be stated clearly on the application for a towing services license filed by the person engaged in the towing business.
The charges may be measured by mileage, time, and type of service or may be measured on a flat fee basis.
These charges shall not be changed without filing with the Department an amended schedule showing the charges proposed.
City Code, 1976/83, art. 15, §136
Ord. 89-273
Every person who shall be licensed in the towing business under the provisions of this subtitle shall file with the Department of Consumer Protection and Business Licensing a bond in the amount of $20,000 to save harmless the owner of any motor vehicle for any property damage occurring thereto during the time that it is in the possession of the person engaged in providing towing services.
Evidence of the filing of such surety bond shall also be provided to the Police Commissioner of Baltimore City who is authorized to recognize such bond as fulfilling the requirements of <cite data-path="|31|§22-5">Article 31, § 22-5</cite> of the City Code.
Every person who shall be licensed in the towing business under the provisions of this subtitle shall obtain commercial liability insurance in the amount of at least $100,000 per person, $300,000 per occurrence bodily injury liability, and $100,000 per occurrence property damage liability, to cover the cost of any damage to the vehicle resulting from the person’s negligence.
City Code, 1976/83, art. 15, §140
Ord. 89-273
Ord. 94-380
At the request of the owner or operator of the motor vehicle, each tow truck operator shall:inform the owner or operator of the motor vehicle of the towing service charges; and
provide a towing service work order statement.
Each towing service work order statement shall contain the following:the name, business address, license number, and telephone number of the towing service;
a brief description of the motor vehicle, including the motor vehicle license plate number and vehicle identification number;
the location to which the motor vehicle was towed;
the towing charge and the basis for such charge;
the rate chargeable per day for storage where the motor vehicle is to be stored by the towing service; and
any other fees or charges to be paid by the owner or operator.
Upon payment of any fees for towing services, the tow truck operator or any other employee of the towing service shall provide a receipt for the amount paid to him as the charge for the service and shall sign and deliver to the owner and/or operator of the motor vehicle a receipt of such payment.
The operator shall sign the receipt in a legible manner and shall print his name under the signature.
Each towing service licensed under the provisions of this subtitle shall maintain a record in its ordinary course of business of every tow made under this subtitle.
The record shall include the following for each vehicle towed:the license plate number of the motor vehicle towed and the motor vehicle identification number;
the locations from which and to which the motor vehicle was towed;
the reason for towing;
the name of the person authorizing the towing of the motor vehicle; and
additional pertinent information, other than financial, as required by the Board.
The record shall be retained by the licensee for a minimum of 2 years.
Each towing service licensed under the provisions of this subtitle:shall make available in a reasonable time and manner, for inspection by the Department of Consumer Protection and Business Licensing or the Police Department, its records kept in the ordinary course of business pursuant to this subtitle; and
shall make available for inspection by the Police Department those motor vehicles which remain impounded or stored in the storage or repair facility of the towing service.
City Code, 1976/83, art. 15, §137(a)
Ord. 89-273
The motor vehicle shall be moved to the licensee’s storage or repair facility customarily used by the person undertaking the towing or removal as designated in the license issued by Director of Consumer Protection and Business Licensing, unless directed otherwise by:the Police Department;
the owner of the vehicle; or
the owner’s authorized agent.
Any motor vehicle so moved shall only be stored and no work shall be done on the motor vehicle until the owner of the motor vehicle or his authorized agent shall so authorize.
Where the motor vehicle is towed without the consent of the owner or operator, storage charges shall not commence prior to 12 hours after the motor vehicle is in fact available for recovery by the owner or operator.
Supplementary or overflow storage shall not require separate offices.
City Code, 1976/83, art. 15, §137(b)
Ord. 89-273
It shall be unlawful for any person engaged in providing towing service to make repairs for consideration on any vehicle removed by a towing vehicle without first entering into a signed agreement with the owner of the vehicle or his authorized representative, which agreement shall include an estimate of the cost of repairs.
1 copy of this agreement shall be given to the owner of the vehicle or to his authorized representative.
1 copy of this agreement shall be retained as a record for 2 years by the licensed person who owns or leases from another person the towing vehicle used in towing or removing the vehicle.
City Code, 1976/83, art. 15, §137(c)
Ord. 89-273
It shall be unlawful for any towing service or tow truck operator licensed under the provisions of this subtitle to tow any motor vehicle to a place more than 10 miles from the place of removal without the consent of the owner or operator of the motor vehicle.
It shall be unlawful for any towing service or tow truck operator by any statement or action, to make:any false representation to the effect that such person conducting the towing service represents or is approved by any organization which provides emergency road service for motor vehicles; or
any false representation as to the name of the towing service.
It shall be unlawful for any towing service or tow truck operator at the scene of an accident or breakdown to require the execution of an agreement to have repair work performed as a condition of providing towing service.
It shall be unlawful for any towing service or tow truck operator to use any public space for the accommodation of a motor vehicle removed from the scene of an accident or breakdown, except as the use of any such space may be directed by a member of the Police Department.
It shall be unlawful for any tow truck operator to furnish any towing service at the scene of an accident or breakdown unless he has been authorized or called to such scene by the owner or operator of the motor vehicle or by a member of the Police Department.
It shall be unlawful for any towing service or tow truck operator to employ or compensate 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.
It shall be unlawful for any towing service or tow truck operator to compensate the owner or agent of the owner of a parking lot or other facility for the right to tow vehicles.
It shall be unlawful for any towing service or tow truck operator to fail to immediately deliver any vehicle towed under this subtitle to its customarily used storage facility as provided for in the license issued by the Director of Consumer Protection and Business Licensing.
It shall be unlawful for any towing service to deny the owner or the owner’s agent immediate and continuous opportunity, 24 hours a day, to retake possession of the vehicle, from the time the vehicle was received at the storage facility.
City Code, 1976/83, art. 15, §138
Ord. 89-273
In this section, “unfair or deceptive trade practice” means any false or misleading oral or written statement or representation of any kind that has the capacity, tendency, or effect of deceiving or misleading consumers, including any omission of material fact that would tend to mislead a consumer.
For purposes of this section, a plea of nolo contendere is the equivalent of a conviction or a guilty plea.
The Department is authorized to deny, suspend, revoke, or refuse to renew any license under this subtitle if:the applicant or licensee furnished or made misleading or false statements on reports, certifications, or written documents that are required by this subtitle or that are otherwise submitted or caused by the applicant or licensee to be submitted to the Department;
during the preceding 3 years, a court of competent jurisdiction has found an applicant for a license or a licensee guilty of criminal activity directly relating to the operation of the business of towing;
a court of competent jurisdiction has found a tow truck operator guilty of a criminal act that was authorized by the licensee;
a motor vehicle has been towed by a towing service without the consent of the owner or operator of the motor vehicle, without the direction of the Police Department, or without complying with local, state, or federal law;
a tow truck operator has failed to comply with any law regulating the towing of motor vehicles;
the licensee has failed to make available for inspection by the Department or the Police Department the daily towing log required by <cite data-doc="City of Balt., Md., Ord. 25-013" data-path="|15|§22-10|(d)">§ 22-10(d) of this subtitle</cite>;
the licensee has failed to allow the Police Department reasonable access to inspect any motor vehicle listed in the licensee’s records that is stored upon the storage facility of the towing service;
within a 6-month period, the Department has received 5 or more individual complaints of unfair or deceptive trade practices against a given applicant or licensee; or
the applicant or licensee has failed to comply with or has violated the provisions of this subtitle, the rules or regulations adopted under this subtitle, or any applicable federal, state, or local law or rule.
The Department may deny, suspend, revoke, or refuse any license issued under this subtitle for a period of time determined by the Department to be just and reasonable in relation to the severity of the violation found to exist under subsection (b) of this section.
If a license has been denied, revoked, or not renewed, the applicant shall not be eligible to apply for another license for a period of 12 months after the date on which the Department rendered a denial, revocation, or refusal to renew decision.
City Code, 1976/83, art. 15, §139(a), (c)
Ord. 89-273
Ord. 11-475
No license shall be denied, suspended, revoked, or not renewed hereunder without the Board of Consumer Protection and Business Licensing first affording the licensee an opportunity for a hearing.
At least 15 calendar days prior to the date set for the hearing, the Board of Consumer Protection and Business Licensing shall:notify the applicant or the licensee in writing of the date, time, and place set for the hearing;
specify the reason why the Board of Consumer Protection and Business Licensing proposes to refuse, deny, suspend, revoke, or not renew the application or license; and
afford all parties the opportunity to be heard in person and by counsel.
The written notice shall be served by registered or certified mail.
Within 10 working days following the hearing, the Board of Consumer Protection and Business Licensing shall render a decision and the reasons therefor in writing and shall forward a copy of the same to all parties by certified or registered mail.
City Code, 1976/83, art. 15, §139(b)
Ord. 89-273
A person aggrieved by a decision of the Board of Consumer Protection and Business Licensing under this subtitle may seek judicial review of the decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.
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.
City Code, 1976/83, art. 15, §139(d)
Ord. 89-273
Ord. 04-672
Ord. 19-332
The Department is hereby authorized to institute or cause to be instituted any and all legal or equitable actions or proceedings of any kind which may be necessary to enforce any and all provisions of this subtitle.
Nothing contained in this subtitle shall be construed to prevent the Department from instituting, causing to be instituted, or fully prosecuting any and all legal or equitable actions or proceedings of any kind necessary to compel compliance with any and all provisions of this subtitle, even though criminal proceedings may be pending or may have been completed.
City Code, 1976/83, art. 15, §141(c)
Ord. 91-726
Any person or his agent violating any provision of this subtitle or any rule or regulation promulgated by the Department to effectuate the provisions of this subtitle, shall be guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine of not less than $50 nor more than $500 or imprisonment for not more than 60 days, or both fine and imprisonment.
Each day that a violation continues shall be deemed a separate offense.
City Code, 1976/83, art. 15, §141(a), (b)
Ord. 89-273
Ord. 91-726