In this subtitle, the following terms have the meanings indicated.
“Disabled vehicle” means a motor vehicle that:has been damaged or rendered inoperative as the result of a collision or other accident;
is found to be stolen;
is being held for evidence; or
is otherwise disabled and impeding the free flow of traffic or movement of pedestrians.
“Medallion towing company” means a towing company that:is licensed under this subtitle; and
owns or operates 1 or more medallion towing vehicles.
“Medallion towing vehicle” means a towing vehicle that:is owned or operated by a medallion towing company; and
has been specifically authorized to tow vehicles under this subtitle.
“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 its partners or members; and
as applied to a corporation, limited liability company, or similar entity, includes its officers.
“Police Commissioner” or “Commissioner” means the Baltimore City Police Commissioner or the Commissioner’s designee.
“Towing” means moving, removing, or preparing to move or remove a disabled vehicle by another vehicle, for which a charge is imposed directly or indirectly.
For purposes of this definition, dues or other charges by clubs or associations that provide towing services are indirect charges.
“Towing company” means any person that owns or operates a business for the disentangling or towing of disabled vehicles.
“Towing vehicle” means a vehicle that tows a disabled vehicle.
City Code, 1966, art. 31, §110
1976/83, art. 19, §201
Ord. 57-998
Ord. 75-921
Ord. 08-077
Ord. 13-175
Ord. 22-125
The purposes of this subtitle are:
to safeguard the public interests against fraud, discrimination, deceptions, and similar abuses;
to eliminate traffic delays, unnecessary street congestion, and traffic hazards; and
generally, to protect the general welfare and public interests of the community.
City Code, 1966, art. 31, §108
1976/83, art. 19, §199
Ord. 57-998
Ord. 75-921
Ord. 08-077
The Police Commissioner shall adopt and enforce rules and regulations to carry out this subtitle.
A copy of all rules and regulations must be filed with the Department of Legislative Reference before they take effect.
City Code, 1966, art. 31, §117
1976/83, art. 19, §208
Ord. 57-998
Ord. 75-921
Ord. 08-077
See <cite data-path="|general">City General Provisions Article</cite>, <cite data-path="|general|1|2|1-214">§ 1-214</cite>, for the Code-wide standard for severability.
No person may tow a disabled vehicle from any location in the City unless:the person is licensed by the Police Commissioner under this subtitle as a medallion towing company; or
the person has been summoned by the vehicle owner’s or operator’s automobile or motor club or automobile insurance company.
Applications for a license must be in the form and contain the information that the Police Commissioner requires.
The application must be accompanied by a non-refundable application fee of $250.
Each medallion towing license expires annually on the anniversary of its issuance and is renewable as provided in this subsection.
To renew a license, the licensee must apply no less than 30 days nor more than 60 days before the license expires.
The renewal application must be in the form and contain the information that the Police Commissioner requires.
Except as provided in paragraph (2) of this subsection, the annual license fee is:$250 for the medallion towing company license, plus
$100 for each medallion towing vehicle to be operated under that license.
For the 1<sup>st</sup> license year, the fee is $100 for each medallion towing vehicle to be operated under that license.
City Code, 1966, art. 31, §111
1976/83, art. 19, §202
Ord. 57-998
Ord. 75-921
Ord. 90-509
Ord. 08-077
The rules and regulations adopted by the Police Commissioner shall specify the qualifications required for licensing under this subtitle.
Among other qualifications, these rules and regulations must seek to assure that:an applicant has a significant business presence in the City and is thus capable of providing the services required by the Commissioner; and
all towing vehicles to be operated under the license are adequate for the services required.
On receipt of an application for an initial license, the Police Commissioner shall investigate the qualifications of the applicant.
Ord. 08-077
Every person licensed under this subtitle shall file with the Police Commissioner a bond to save harmless the owner of any vehicle for any property damage occurring while the vehicle is in that person’s possession.
The bond shall be in an amount of at least $20,000.
City Code, 1966, art. 31, §120
1976/83, art. 19, §211
Ord. 57-998
Ord. 58-1271
Ord. 75-921
Ord. 08-077
When applying for a license, the applicant shall file with the Police Commissioner a schedule that clearly sets forth that person’s proposed charges for towing and for services incident to towing.
These charges may be measured by mileage, time, and type of service.
No matter how calculated, the towing charges may not exceed the amount of $150 per tow unless:the vehicle is a commercial vehicle under <cite data-path="|31|§1-1|(f)">§ 1-1(f) {“Definitions – A to L: Commercial Vehicle”} of this article</cite>; or
the tow of the vehicle:requires removal from an embankment, ditch, waterway, trench, hole, or heavily wooded area; or
otherwise requires specialized and exceptional services for the vehicle’s removal.
The schedule must set a maximum storage fee of no more than $50 per day.
A licensee may not change the charges without filing with the Police Commissioner an amended schedule that shows the proposed changes.
The Police Commissioner may reject any proposed charges if, in the Commissioner’s opinion, the charges are excessive for the service to be performed.
In that case, the Commissioner shall return the proposed schedule or amended schedule to the applicant or licensee, as the case may be, with suitable notice of the reasons for rejecting it.
City Code, 1966, art. 31, §113
1976/83, art. 19, §204
Ord. 57-998
Ord. 75-921
Ord. 08-077
Ord. 14-266
Ord. 14-307
Whenever a disabled vehicle needs to be towed from a City street:if the vehicle is impeding the free flow of traffic or movement of pedestrians or if some other emergency pertains, as determined by the police officer on the scene, the police officer shall request the Police Commissioner to summons a medallion towing vehicle; and
in all other situations:the police officer on the scene shall permit the owner or operator, if available, to contact a bona fide automobile or motor club of which he or she is a member or an automobile insurance company with which she or he is insured; and
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.
If the towing company contacted by an automobile or motor club or automobile insurance company under subsection (a)(2)(i) of this section cannot or does not respond within 20 minutes or a reasonable period of time, as determined by the police officer under the circumstances, the police officer shall request the Police Commissioner to summons a medallion towing vehicle.
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:is not there in violation of § 22-21 {“Solicitations prohibited”}or <cite data-path="|31|§22-24">§ 22-24 {“Police radios prohibited”} of this subtitle</cite>; and
either:is a medallion towing vehicle summoned by the Police Commissioner; or
is a towing vehicle summoned by the owner’s or operator’s automobile or motor club or automobile insurance company.
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.
This subsection does not apply to a vehicle that is being held for evidence.
The owner or operator of a disabled vehicle, if available, retains full discretion to determine the destination to which the vehicle is to be towed, even if the tow is by a medallion towing vehicle summoned under this section.
City Code, 1976/83, art. 19, §202A
Ord. 93-231
Ord. 08-077
The Police Commissioner shall maintain a current list of all medallion towing companies licensed under this subtitle.
Subject to <cite data-path="|31|§22-11">§ 22-11 {“Owner’s, operator’s right to choose”} of this subtitle</cite>, whenever the services of a towing vehicle are required and a request is made to the Commissioner’s office for towing services, the Commissioner shall summons the medallion towing company whose place of business is closest to the scene of the accident.
If the towing company that is closest to the scene does not then have a medallion towing vehicle available, the Commissioner shall summons the next closest towing company, and so on until a medallion towing vehicle has been secured.
City Code, 1966, art. 31, §115(1st - 4th sens.)
1976/83, art. 19, §206(1st - 4th sens.)
Ord. 57-998
Ord. 75-921
Ord. 08-077
Every medallion towing vehicle shall be identified as specified in this section and the Police Commissioner’s rules and regulations.
The name, address, and telephone number of the towing company shall be legibly inscribed or painted, on both sides of the towing vehicle, in lettering not less than 4 inches high.
The towing vehicle shall carry and display the medallion or other certification issued by the Commissioner for that vehicle.
City Code, 1966, art. 31, §112
1976/83, art. 19, §203
Ord. 57-998
Ord. 75-921
Ord. 08-077
A towing company may not make any repairs for consideration on a disabled vehicle towed by it without first entering into a signed agreement with the owner of the disabled vehicle or the owner’s authorized representative.
The signed agreement must include an estimates of the cost of repairs.
1 copy of an agreement entered into under this section shall be given to the owner of the disabled vehicle or the owner’s authorized representative.
1 copy of an agreement entered into under this section shall be retained by the towing company for a period of at least 2 years.
City Code, 1966, art. 31, §114
1976/83, art. 19, §205
Ord. 57-998
Ord. 75-921
Ord. 08-077
A towing company that acquires custody and control of a vehicle under this subtitle shall deliver custody and control to the Police Commissioner, unless a signed agreement to the contrary is executed by the owner of the vehicle.
If the vehicle is delivered into the custody and control of the Commissioner, the Commissioner is responsible for the safety of the vehicle while it is in the Commissioner’s custody and control.
Nothing in this section prevents the owner of a vehicle or the owner’s authorized representative from reacquiring custody and control of the vehicle on payment to the towing company or to the Police Commissioner, as the case may be, of the applicable fees, as established in the schedule filed with the Commissioner.
City Code, 1966, art. 31, §121
1976/83, art. 19, §212
Ord. 57-998
Ord. 75-921
Ord. 08-077
No person may:
in any way solicit towing business; or
attempt or offer to take any disabled vehicle in tow unless:the person is operating a medallion towing vehicle summoned by the Police Commissioner; or
the person has been summoned by a bona fide automobile or motor club or automobile insurance company on behalf of the owner or operator of the disabled vehicle.
City Code, 1966, art. 31, §115(5th sen.)
1976/83, art. 19, §206(5th sen.)
Ord. 57-998
Ord. 75-921
Ord. 08-077
This section does not apply to a bona fide automobile or motor club, association, or insurance company.
No person towing a disabled vehicle may:offer to secure or provide bail for any person involved in the incident;
enter into an agreement, oral or written, to secure or provide bail for any person involved in the incident; or
arrange for the providing of bail for any person involved in the incident.
City Code, 1966, art. 31, §116
1976/83, art. 19, §207
Ord. 57-998
Ord. 75-921
Ord. 08-077
No person may offer or give any bribe, gift, gratuity, or inducement of any kind to any public official or employee in order to obtain business or recommendations for towing, storing, repairing, or providing repair estimates for disabled vehicles.
City Code, 1966, art. 31, §118
1976/83, art. 19, §209
Ord. 57-998
Ord. 75-921
Ord. 08-077
No towing company nor any owner, operator, employee, or agent of a towing company, whether licensed under this subtitle or not, may:
possess at his, her, or its garage, repair shop, or other place of business any radio-receiving set capable of receiving signals or messages transmitted on frequencies allocated for use by the Police Department; or
in connection with any towing operations, make use of any signals or messages transmitted by the Police Department on frequencies allocated for its use.
City Code, 1966, art. 31, §119
1976/83, art. 19, §210
Ord. 57-998
Ord. 75-921
Ord. 08-077
The Police Commissioner may deny, refuse to renew, revoke, or suspend the license of any person who:violates any provision of this subtitle or of the rules or regulations adopted under this subtitle; or
fails to comply with any of the terms or provisions of any towing or repair agreement entered into under this subtitle.
A person whose license has been denied, refused renewal, revoked, or suspended by the Police Commissioner under this section may seek judicial review of that action 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, 1966, art. 31, §119(2nd, 3rd sens.)
1976/83, art. 19, §213(2nd, 3rd sens.)
Ord. 57-998
Ord. 59-1749
Ord. 75-921
Ord. 04-672
Ord. 08-077
Ord. 19-332
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 <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}.
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.
Ord. 08-077
Any person who violates any of the provisions of this subtitle or of the rules and regulations adopted under this subtitle is guilty of a misdemeanor and, on conviction, is subject to fine of not more than $1,000, imprisonment for not more than 12 months, or both fine and imprisonment for each offense.
Each day that a violation continues is a separate offense.
City Code, 1966, art. 31, §119(1st sen.)
1976/83, art. 19, §213(1st sen.)
Ord. 57-998
Ord. 59-1749
Ord. 75-921
Ord. 08-077