To assist in effectuating the purposes of this subtitle, the Director of Transportation shall provide an auto pound or storage area of sufficient size and staffed with sufficient personnel and equipment to receive, hold, and dispose of the motor vehicles delivered to it. To this end, a Towing Division shall be maintained in the Department of Transportation. The Director of Transportation shall appoint a Chief of that Division, to be known as the Chief of the Towing Division. City Code, 1976/83, art. 31, §94 Ord. 69-343 Ord. 15-435

In carrying out the provisions of this subtitle with respect to vehicles abandoned, parked, stopped, left unattended in violation of law, or obstructing traffic, the Police Commissioner shall cause the vehicle to be removed. However, with respect to cars stolen, disabled by accident or otherwise, or parked so as to block the entrance to a driveway in an impoundment zone, except in emergency situations, the Commissioner shall employ 1 or more licensed towers or towing companies to proceed at once to the scene and transport such vehicle to the said auto pound. Disabled vehicles, however, may be towed to a place designated by the owner or his agent. For the purposes of this section, emergency situations are deemed to mean police security, civil disaster, or otherwise. Such tower shall be selected by the Commissioner from a list previously prepared by him. In selecting a tower for a particular transaction, preference shall be given to one as close as possible to the location of the vehicle. The towing charges shall be set in advance, arrived at by agreement between the towers, the Commissioner, and the Director, with any disputes as to charges to be settled by the Commissioner. In the event towing is performed by City forces or vehicles and no employment of towers becomes necessary, the same schedule of charges shall apply. Such towing charges will be added to the cost of storage as hereinafter specified, and made a lien upon such vehicle. When a private tower is used, said Commissioner shall prepare a vehicle report for the vehicle and have it verified and signed by such tower on forms provided by the Commissioner:containing:a brief description of the vehicle, including any distinguishing marks or accessories; and a listing of any personal property found; showing removal and custody of same for such vehicle; and also showing the towing charges for removing said vehicle to the auto pound. The Commissioner may promulgate and adopt rules to implement the enforcement hereof, such rules to be published. City Code, 1976/83, art. 31, §95 Ord. 69-343 Ord. 70-806 Ord. 81-425 Ord. 15-435

Within 2 full working days after the vehicle has been removed to the auto pound, the Director of Transportation must post notice to the owner of the vehicle and, within 7 full working days, must post notice to the secured party by certified mail, return receipt requested, of the following:that the Director has the vehicle in custody; the storage location of the vehicle; that the vehicle will be sold at public auction to the highest bidder unless claimed by the owner within 11 working days after receipt of the notice; and that the owner of a vehicle impounded as an “abandoned vehicle” or as an “unidentifiable vehicle” may contest the validity of the taking by application, on a form prescribed by the Director of Transportation, to a hearing officer within 10 days from the date of such application. Application forms shall be sent to the owner and shall be made part of the notice letter. The Mayor shall appoint a hearing officer, who shall not be a member of any state or local police department, to hear applications to determine whether or not the vehicle was abandoned and, therefore, subject to impoundment under the Baltimore City Code. Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the Director of the Transportation shall establish by regulation the procedures for holding these hearings. If it is determined that the vehicle was unlawfully impounded, the owner of the vehicle shall not be liable for any charge imposed for the towing and storage of the vehicle. The hearing officer’s ruling in no way has any bearing on the fine, penalty or charge imposed by the District Court of Baltimore City for the violations of any traffic law. City Code, 1976/83, art. 31, §96(a) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516 Ord. 15-435 Ord. 18-195 Text Conformed 02/28/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed 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.

The Director of Transportation is not required to give notice or hold a hearing in the case of a vehicle that: is more than 8 years old; and has no engine or otherwise is totally inoperable. City Code, 1976/83, art. 31, §96(d) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516 Ord. 15-435

In researching ownership, the Director of Transportation is not required to go beyond the name and address of the person who is the legal or title owner of the vehicle, as noted in the records of the Motor Vehicle Administration of the State of Maryland, or similar agency in any other state or country. In those instances where:the identity of the last registered owner of an impounded vehicle cannot be determined from the records of the Maryland Motor Vehicle Administration or similar agency in any other state or country; registration of the vehicle gives no address for the owner; it is impossible to determine with reasonable certainty the identity and address of each secured party; or the certified mail notice required by this Part 4 is returned as undeliverable, then the Director of Transportation shall give the required notice by publication in at least 1 newspaper of general circulation in the area where the vehicle was found. City Code, 1976/83, art. 31, §96(b) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516 Ord. 15-435

If an owner appears to claim the owner’s vehicle, then it shall be returned to the owner or the owner’s authorized representative upon payment of all charges which have accrued thereon by virtue of its towing and storage, including collateral equivalent to the maximum fine for illegal parking where the vehicle was impounded. If a vehicle is claimed by the owner or the owner’s authorized representative upon payment of all charges accrued, the payment will not affect the owner’s right to a hearing prescribed above or be taken as an admission of whether or not the towing of the vehicle was authorized under the Baltimore City Code. An owner or the owner’s authorized representative whose vehicle has been impounded as abandoned and who claims the vehicle within 48 hours after the vehicle has been removed to the auto pound:must be notified in writing that the owner has a right to contest the validity of the taking before a hearing officer; and must make application within 10 days thereafter of the intention to contest the validity of the taking to the hearing officer. City Code, 1976/83, art. 31, §96(c) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516

Except as provided in subsection (b) of this section for commercial vehicles, the storage charge for each vehicle delivered to the storage area is as follows:for the 1^st 48 hours or any shorter period, $50; and for each 24-hour period or part of a 24-hour period after the 1^st 48 hours, $15. The storage charges for a commercial vehicle, as defined in the Maryland Vehicle Law, are as set by the Director of Transportation from time to time. A schedule of the charges set under this subsection must be filed with the Department of Legislative Reference before they take effect. The charges imposed by this section are in addition to any other fine, penalty, or charge imposed for violation of any traffic law. City Code, 1976/83, art. 31, §96(e), (f) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516 Ord. 01-190 Ord. 15-435

If following trial in the District Court of Baltimore City or other tribunal, the owner or operator of any vehicle so removed is found not guilty upon a traffic charge, even though the hearing officer ruled otherwise with respect to the towing of an abandoned vehicle, the sums advanced or posted by the vehicle’s owner or operator shall be returned to the owner or to the person who advanced or posted them. When a vehicle is thus reclaimed its owner or operator shall sign a receipt therefor. City Code, 1976/83, art. 31, §96(g) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516

In cases where the owner asserts that certain accessories, contents, or other items of personal property are missing when the owner reclaims said vehicle: such claim shall be noted on the aforesaid receipt; the matter of the missing property left open for future determination; and the vehicle, together with its contents, duly released to its owner or operator. City Code, 1976/83, art. 31, §96(h) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516

In case the owner or operator does not claim the vehicle within the required time limit: the Director of Transportation shall proceed to sell or dispose of the vehicle at public auction, as provided in Part 5 of this subtle; and no vehicle held at the auto pound may be released without the written approval of the Director, whose approval however, may not be unreasonably withheld. City Code, 1976/83, art. 31, §96(i) Ord. 69-343 Ord. 80-150 Ord. 85-388 Ord. 86-769 Ord. 86-793 Ord. 89-307 Ord. 90-516 Ord. 15-435