For the purposes of this Division, the following words and phrases shall have the meanings assigned below, except in those instances in which the context clearly indicates a different meaning: Authorized towing company means a towing company duly licensed by Prince George's County, Maryland, pursuant to the provisions of Subtitle 5, Division 21, of this Code. County means Prince George's County, Maryland. County Police means the County Police of Prince George's County, Maryland. Director means the Director of the Environment. Impounding means the temporary storage of a vehicle that has been removed from private property, as herein defined, at a facility maintained by the County. Motor Vehicle Administration means the Motor Vehicle Administration of the State of Maryland. Motor Vehicle Law of Maryland means Titles 11 through 27 of the Transportation Article of the Annotated Code of Maryland (1977), as may be amended from time to time. Private property means private property which has been posted by the owner of the property against unauthorized parking pursuant to the provisions of this Division. Property owner includes the owner of property or any person having a possessory interest in such property. Towing means the moving or removing of a vehicle by a tow truck. Towing company means person or other entity that provides towing services. Vehicle means a vehicle as defined in Section 11-176 of the Transportation Article of the Annotated Code of Maryland (1977) as amended from time to time, which includes but is not limited to motor vehicles, motorcycles and trailers.

It shall be unlawful for any person to park or cause to be parked a vehicle on private property which has been posted against parking pursuant to this Division without the consent of the owner of said property. The last owner of record of a vehicle found parked illegally on private property, as shown by the files of the Motor Vehicle Administration, a comparable agency in any other state or by any other evidence, shall be presumed to have been the owner of such vehicle at the time it was parked and the person who parked or caused to be parked said vehicle. Any property owner desiring to utilize the procedures provided by this Division shall enter into a contract for such towing service with a towing company licensed by the Department.

Any property owner desiring to utilize the procedures provided by this Division shall obtain from the Director approval for signs which shall be posted on said owner's property, pursuant to 26-142.03 of the section. Before erecting said sign or signs, a property owner shall execute an indemnification and save- harmless agreement which shall provide that the property owner shall indemnify and save harmless the County against any claim of damage resulting from the towing and impoundment of vehicles removed from said private property pursuant to this Division. Any signs, permits or stickers or other method indicating authorized parking on posted property must be approved by the Director as to design, size and content. Any property owner or management company that fails to comply with this section shall be subject to a fine of $250 for the first offense and $500 for any subsequent offense.

Signs as described in Section 26-142.02 shall include the international tow truck symbol and state that unauthorized parking is prohibited and that vehicles parked without authorization may be towed and impounded without notice at the vehicle owner's expense. Said signs shall be posted in such a manner and in such location as to be clearly visible from each entrance to the property where parking is to be prohibited, be at least eighteen (18) by twenty-four (24) inches in size, and made of a reflective material that can be seen in low light. On the same sign, the property owner shall post the telephone number and name of each towing company hired to tow unauthorized vehicles from the property and the address of the location where the vehicle can be reclaimed The towing company shall answer this telephone number twenty-four (24) hours per day, seven (7) days a week. Any tow company, property owner or management company that fails to comply with this section shall be subject to a fine of $250 for the first offense and $500 for any subsequent offense.

Any property owner or property owner's agent may, when a vehicle is parked without authorization upon his private property without his consent, make a complaint to a licensed towing company in Prince George's County stating that he requests that said vehicle be removed from his property. Said complaint shall be on a tow slip required by Section 26-142.05 and shall contain a statement made by the property owner or property owner's agent that the vehicle which they seek to have removed was parked on the property without consent, that all required signage was in place, except in the case of a single family dwelling, and was clearly visible. A property owner or property owner's agent who knowingly makes a false statement on the form is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both. The tow truck operator that is to tow any vehicle under the provisions of this section may not sign the required form as an agent of the property owner, except as provided for in Section 26-142.05(c). It shall be unlawful for a tow truck operator to possess blank forms that have been pre-signed by a property owner or property owner's agent. It shall be unlawful for a property owner or property owner's agent to authorize a tow for an expired tags registration for an operable vehicle if the tags have be expired for less than thirty (30) days, unless there is evidence that the vehicle has been abandoned.

The towing company shall present to the property owner or property owner's agent a tow slip, approved by the Director as to form and content, which shall consist of one (1) original and two (2) copies. The towing company and the property owner or the property owner's agent shall cause said tow slip to be completed by filling in all pertinent data. Before towing or removing the subject vehicle, the towing company shall cause the property owner or property owner's agent to sign said tow slip in the place provided. The tow truck operator shall keep the signed tow slip with them while towing the vehicle to the approved tow storage facility, at which time it will be placed with the licensee's daily tow log. The tow slip shall provide, as a minimum, spaces for filling in pertinent data as make and model of the vehicle, vehicle identification number, date and time of towing, license plate number, location towed from, name of complaining party, specific reason for the towing of the unauthorized vehicle, name and phone number of towing company, the tow company's license number, and location where vehicle will be stored. If the property owner has a written contract with the licensed towing company, the property owner or property owner's agent shall not be required to either sign a complaint or tow slip prior to the towing or removal of an unauthorized vehicle from his property in the following instances: If the towing occurs during the hours of 9:00 P.M. and 6:00 A.M.; or If the vehicle is directly blocking a clearly marked fire lane, no parking zone, a handicapped parking space or access to the property or a building on the property. Prior to the towing or removal of an unauthorized vehicle pursuant to this Section, the towing company shall photograph the vehicle in a manner that clearly documents the unauthorized parking of the vehicle. A copy of the photograph shall be kept with the vehicle while being transported and at the location where the vehicle is stored. The photograph shall be available for inspection by any interested party for a period of at least one (1) year. A copy of the photograph shall be provided to the vehicle owner upon request. A receipt shall be provided upon release of the vehicle. The receipt shall specify the name, address and phone number of the towing company, the make, model and Vehicle Identification Number (VIN) of the vehicle, the license plate number, the tow company's license number, the time at which the vehicle was towed, the location from which the vehicle was towed, the reason for the towing, the location where the vehicle was towed and any other location at which the vehicle was stored. The receipt shall also include information on the legal right of the vehicle owner to request a hearing pursuant to Section 26-142.10 of this Code. Each towing company shall provide to the property owner a written list of all vehicles towed for which a signed towing slip was not obtained within twenty-four (24) hours of the tow. The list shall specifically identify each vehicle, including make, model, Vehicle Identification Number (VIN), and license plate number. The property owner shall be responsible for keeping this list for at least ninety (90) days.

After completion of the requirements of Section 26-142.05 of this Division, the towing company may proceed to tow the subject vehicle to an impoundment facility maintained by the County Police or by an authorized towing company. A towing company may not tow a vehicle defined as abandoned pursuant to Section 26-162 of this Code until forty-eight (48) hours after notice of such proposed towing has been securely attached to and conspicuously displayed on the vehicle. Immediately prior to the attachment of the subject vehicle, the authorized towing company shall notify the County Police, by phone or computer, of the date and time of the towing, the location of the tow, the make and model of the vehicle, the license plate number and the reason for the tow. Within one (1) hour after removing the subject vehicle from the property, the authorized towing company shall verify to the County Police, by phone, fax or computer, the above information and shall provide the vehicle identification number of the vehicle. The Director is authorized, pursuant to this section, to issue regulations to implement this provision. A towing company that undertakes the towing or removal of a vehicle from private property may not employ individuals, commonly referred to as "spotters", whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal. A towing company shall not pay or offer to pay a property owner or a property owner's agent, and a property owner or his agent shall not solicit or accept payment or services of any kind for authorizing the towing of a vehicle from any private property. A person who violates this Section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both.

The impoundment custodian shall keep the keys to the vehicle, if same are therein, in his possession at all times while the vehicle is impounded. He shall keep the impounded vehicle secure and make periodic inspections of all impounded vehicles.

Within three (3) full business days after impoundment of any vehicle pursuant to Section 26-146.06 of this Code, the towing company shall mail a notice by certified mail to the last known registered owner of the vehicle, the insurer and to each secured party, as may be disclosed by the vehicle license number or vehicle identification number, if such be obtainable, and to any other person who claims the right to possession of the vehicle, if such a claim is actually known to the towing company. If a vehicle is redeemed prior to the mailing of such notice, then notice need not be mailed. The notice shall: State that the vehicle has been taken into custody for violation of the County ordinance prohibiting unauthorized parking on private property; State the year, make, model, and vehicle identification number of the vehicle; Give the location of the impoundment facility where the vehicle is held; Inform the vehicle owner that he has the right to contest the validity of the towing and storage of his vehicle at any time within twenty-one (21) days of the date of such notice by filing a request for hearing with the Director on a request form which shall be included with such notice; Inform the owner and secured party of his right to reclaim the vehicle within twenty-one (21) days after the date of said notice on payment of all towing and storage charges resulting from the towing and storage of the vehicle; State that the failure of the owner or the secured party to exercise his right as provided in Subsection (b)(5), above, to reclaim the vehicle in the time provided is a waiver by him of all his right, title and interest in the vehicle.

This Section shall apply if: The identity of the last registered owner of an impounded vehicle cannot be determined; The 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 Section 26-142.08 of this Division is returned as undeliverable. Under Subsection (a)(1) of this Section, the towing company shall give the notice provided for in Section 26-142.08 by publication in at least one (1) newspaper of general circulation in Prince George's County, Maryland. The notice by publication: May contain multiple listings of abandoned vehicles; Shall contain the information required by Section 26-142.08 of this Division; and Shall be published within fifteen (15) days of the taking into custody of the vehicle or, if the notice by publication is made because of the return as undeliverable of a prior notice by registered mail, within seven (7) days of the return of that prior notice.

Within twenty-one (21) days from the date notice is mailed by the towing company pursuant to Sections 26-142.08 or 26-142.09 of this Division, the owner or secured party of a vehicle which has been impounded may request that a hearing be held to determine whether the vehicle was properly towed and impounded under the provisions of this Division. The request for a hearing shall be made by filing a request-for-hearing form with the Director. Notice of the hearing shall be sent by certified .mail to the address provided by the vehicle owner on his request for hearing and to the tow company. Notice shall be mailed at least seven (7) working days prior to the scheduled hearing date. The hearing shall be held within forty-five (45) working days after the request for a hearing is filed with the Director. The hearing shall be before a hearing officer designated by the County Attorney of Prince George's County. Such hearing officer shall not be a member of any state or local police department. Determination as to whether vehicle was parked illegally. If it is determined at the hearing that the vehicle was not parked on private property in violation of this Division, then the hearing officer shall issue an order that the vehicle be returned to the owner and that such owner is not liable for any of the towing, storage, or other charges incurred by the towing company in connection with the impoundment. If the owner has already paid such towing, storage, and other charges to the towing company, he shall be entitled to receive reimbursement of all such payments from the towing company. If the hearing officer shall determine that the vehicle was illegally parked on private property in violation of this Division, then the owner of the vehicle may not reclaim it until he has paid to the towing company all towing and storage charges. The failure by a tow company to attend a hearing, without just cause, shall result in a finding for the vehicle owner by the hearing officer. The Director may impose a fine of up to Fifty Dollars ($50.00) per hearing on any towing company for failing to attend a hearing under this Section. The towing company may also be subject to paying the owner's reasonable attorney fees if the owner retained the services of an attorney for the hearing. The failure by a towing company to pay a reimbursement under subsection (c) and (d) of this section within fifteen (15) days of notice by the hearing officer, shall result in: A suspension by the Director of the towing company license for a period of no less than ninety (90) days pursuant to Section 5-273 (a)(10) of the Code; and A court in any subsequent civil action for enforcement of the decision finds the tow invalid and the amount charged was paid, the towing company shall pay the vehicle owner, in addition to the amount invalidly charged, liquidated damages of two (2) times the amount invalidly charged, but not more than One Thousand Dollars ($1,000.00), and all reasonable costs of collection, including court costs and a reasonable attorney's fee.

The owner or secured party of a vehicle which has been impounded may reclaim such vehicle within twenty-one (21) days of the date notice is mailed by towing company pursuant to Sections 26-142.08 or 26-142.09 by paying all towing and storage charges and costs of notice incurred in connection with said impoundment pursuant to regulations issued by the Director.

If the owner or secured party fails to reclaim an impounded vehicle within twenty-one (21) days after notice is mailed by the towing company pursuant to this Division, the owner or secured party is deemed to have waived all of his right, title and interest in the vehicle and to have consented to the sale of the vehicle at public auction.

The towing charge is not to exceed: One Hundred Seventy-Five Dollars ($175.00) for any vehicle up to ten thousand (10,000) pounds gross vehicle weight. The charge includes the first calendar day of storage, mileage, and hook-up fees, which includes the use of a dolly and transportation to a storage facility. The rate chargeable per day for storage where the motor vehicle is to be stored by the towing company is not to exceed Fifty Dollars ($50.00). A fee of no more than thirty dollars ($30.00) per notification letter, not to be charged until after 48 hours of impoundment or two (2) business days. No other fees of any type shall be allowed, including but not limited to administrative fees or additional charges for equipment. Three Hundred Dollars ($300.00) for any vehicle between ten thousand one (10,001) and twenty-six thousand (26,000) pounds gross vehicle weight and Seven Hundred Fifty Dollars ($750.00) for any vehicle over twenty-six thousand (26,000) pounds gross vehicle weight. The charge includes winching, unlocking vehicles, go jacks, and dollies. The maximum storage charge per day allowed shall be Fifty Dollars ($50.00). A fee of no more than thirty dollars ($30.00) per notification letter, not to be charged until after 48 hours of impoundment or two (2) business days. 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 company shall release the vehicle to the vehicle owner. If all procedures have been followed under Section 26-142.05 of this Division and the tow truck operator has physically attached the vehicle to the tow truck and lifted the vehicle at least six (6) inches off the ground before the vehicle owner returns, a drop fee may be charged not to exceed Fifty Dollars ($50.00) for vehicles up to ten thousand (10,000) pounds gross vehicle weight. A drop fee not to exceed One Hundred Dollars ($100.00) may be charged for vehicles between ten thousand one (10,001) and twenty-six thousand (26,000) pounds gross vehicle weight and Three Hundred Fifty Dollars ($350.00) for a vehicle for any vehicle over twenty-six thousand (26,000) pounds gross vehicle weight. The towing company shall provide a receipt indicating the drop fee paid and the date of the incomplete tow. Storage charges may only commence eighteen (18) hours after the time the vehicle was towed. A towing company shall accept payment in cash or by a major credit card with a credit card slip validly signed by the vehicle owner or the owner's agent for the amount of all valid charges. The towing company shall accept two (2) major credit cards that include the following: MasterCard, American Express, Discover and Visa. Credit card telephone touchtone capture option with signed receipts is allowed. A towing company that violates this Subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding One Thousand Dollars ($1,000.00) or imprisonment not to exceed six (6) months, or both and denial, revocation, or suspension of a license pursuant to Section 5-273(a)(11) of the Code. If the vehicle owner withholds payment in a credit card transaction with a towing company and a court in any subsequent civil action finds that the tow was valid and the amount charged was correct, the vehicle owner shall pay the towing company, in addition to the amount validly charged, liquidated damages of two (2) times the amount validly charged, but not more than One Thousand Dollars ($1,000.00), and all reasonable costs of collection, including court costs and a reasonable attorney's fee. The Director shall create uniform signage summarizing tow fees and a licensed towing company shall display prominently at each storage facility a copy of the current fee schedule, a statement that these fees do not exceed the authorized County amount and its hours of operation. This Section shall not apply to those vehicles that are towed from private property by the Department of the Environment at the direction of the property owner or the owner's authorized agent.

A towing company or tow truck operator shall not immobilize a motor vehicle on private property by using any method, object, or device, including a clamp or lock, to prevent or inhibit the movement of a motor vehicle.