In this subtitle the following words have the meanings indicated. “Nonconsensual towing” means towing a motor vehicle from private property without the consent of the motor vehicle’s owner or operator. “Tow truck” has the meaning stated in § 13–920 of the Transportation Article. “Towing” means the moving or removal of a motor vehicle by a tow truck. “Towing company” means a person that provides towing services. “Towing service” means the operation of removing or towing motor vehicles.

This subtitle applies only in code counties in the Southern Maryland class, as established in § 9–302 of this article.

The county commissioners may adopt rules and regulations for the licensing, maintenance, and operation of towing companies in the county to: promote transparency, accountability, and uniformity regarding nonconsensual towing practices; safeguard the public health and welfare; promote good civic design; and promote the health, safety, morals, order, convenience, and prosperity of the community.

The rules and regulations adopted by the county commissioners may: require a person who maintains or operates a towing company in the county to obtain a license from the county; and specify a reasonable fee for the license.

Before adopting rules and regulations under § 11–503 of this subtitle, the county commissioners shall hold a public hearing. The rules or regulations are not valid unless a public hearing is held as advertised. The county commissioners shall publish notice of the time and place of the public hearing in a newspaper of general circulation in the county once a week for not less than 4 successive weeks.

A person who violates a rule or regulation adopted under § 11–503 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine of not less than $500 or imprisonment not exceeding 2 months or both. Each day on which a violation continues is a separate offense.

In the event of a conflict, federal law, State law, or written program guidance issued by a unit of the federal or State government shall preempt a rule or regulation adopted or any other action taken under this subtitle.