QuestionI visited a friend at her new condo and I parked in the marked visitors spot. I returned to my car about 30 minutes later to find that my car was gone. A witness told me that the car was towed almost immediately after I got out the car. I called the towing company signs that were posted but they said they didn't tow my car. After talking to one of the tenants he said he received notice that the tow company had recently changed and he gave me the phone number for the new tow company. I called the tow company and they confirmed that they had towed my car from the visitors spot but also said I didn't have a visitors tag on my car. I asked the girl that I was visiting if she new anything about a visiting pass and she said it was news to her. When I picked up my car I was charged a $100 for the tow and $50 for the storage fee(my car was stored for 1 hour).
Here are my concerns...
Signage (Section 26-139) The signage simply stated that this parking lot had reserved parking for visitors and that anyone illegally parked could be towed. The signs never stated that visitors also needed a visitors pass in addition to parking in the visitors space and even if I were to run into the building and get a visitors pass, the tow truck driver didn't give me enough time to walk to the building and retrieve any pass.
Fees.. According to Maryland LAW Sec 26-142.14, The towing charge is not to exceed $100 and the rate PER DAY is $50.
After revisiting the parking lot, I noticed that only one sign has been erected to display the tow truck companies name.
I have a few questions..
1) How specific should a parking sign be? Does Maryland law require it to describe if a parking pass is needed or not?
2) Is a tow truck operator required to give you a window of time to obtain a parking pass before they tow your car?
3) In a lot that is approximately 1.5 acres and 500 car spaces, how many parking signs are necessary to be erected?
4) Can the tow truck company charge me for a days storage if they only stored the car for 1 hour?
Thank you for your time and I look forward to reading your response.
AnswerUsually, the way it works is a visitor must obtain a parking pass from the management office. The vehicle should have been parked at the rental office and you were to go inside for a pass. If the office was closed then you can't get a pass and legally park anywhere in there. Since the vehicle was parked illegally without the proper pass the vehicle will get towed. You were charged the correctly for the tow (local ordinance) if the vehicle was stored beyond the calendar day it was towed. Meaning if it was towed Saturday night at 10pm and picked up Sunday morning 9am, one day of storage can occur. If the tow occurred on Saturday 10pm and you retrieved the vehicle at 10:45pm the same day then the max. charge would be $100.
As for the tow sign, in most cases, there should be a towing enforcement sign displaying the police department and or the authorized towing company responsible for removing vehicle from the property. The signs are usually placed at each entrance or building. It really comes down to sign zoning, local ordinance and property management with placement of signs. If it was here in VA and only one entrance for 50 acres of parking, only one would be required.
Here is a copy of the state laws but local ordinance can take precedents.
TITLE 25 VEHICLE LAWS – RESPECTIVE POWER OF STATE AND LOCAL AUTHORITIES; DISPOSITION OF ABANDONED VEHICLE
SUBTITLE 2. ABANDONED VEHICLES
§ 25-201. Definitions.
(a) In general.- In this subtitle the following words have the meanings indicated.
(b) Abandoned vehicle.- "Abandoned vehicle" means any motor vehicle, trailer, or semitrailer:
(1) That is inoperable and left unattended on public property for more than 48 hours;
(2) That has remained illegally on public property for more than 48 hours;
(3) That has remained on private property for more than 48 hours without the consent of the owner or person in control of the property;
(4) That has remained in a garage for more than 10 days after the garage keeper has given the owner of the vehicle notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to remove the vehicle;
(5) That has remained in a garage for more than 10 days after the period when, by contract, the vehicle was to remain in the garage;
(6) That was left for more than 10 days in a garage by:
(i) Someone other than its registered owner; or
(ii) A person authorized to have possession of the vehicle under a contract of use, service, storage, or repair;
(7) That has remained on public property for more than 48 hours and:
(i) Is not displaying currently valid registration plates; or
(ii) Is displaying registration plates of another vehicle;
(8) That has been left unattended on any portion of a "controlled access highway" as defined in § 8-101 (f) of this article for more than 24 hours;
(9) That has been left unattended on any portion of a primary or secondary highway or controlled access highway, as defined in § 8-101 of this article, and is in violation of any of the provisions of § 22-408 of this article; or
(10) That is not reclaimed as provided under § 27-111 of this article.
(c) Garage.- "Garage" means any of the following, if operated for commercial purposes:
(1) A parking place or establishment;
(2) A vehicle storage facility; or
(3) An establishment for the servicing, repair, or maintenance of vehicles.
(d) Lessor.-
(1) "Lessor" means a person who regularly leases or offers to lease motor vehicles.
(2) "Lessor" includes:
(i) An assignee of leases; and
(ii) A person who during any 12-month period offers to lease 5 or more motor vehicles or who is assigned 5 or more leases.
(e) Police department.- "Police department" means:
(1) The Department of State Police;
(2) The police department of any political subdivision of this State;
(3) In Baltimore City, the appropriate agency designated by the Board of Estimates;
(4) The police forces of public colleges and universities;
(5) In Prince George's County, if designated by the County Executive, the Prince George's County Department of Environmental Resources;
(6) In any municipality in Prince George's County or Montgomery County, an appropriate agency or department designated by the governing body of the municipality; and
(7) The police force of any State government agency.
§ 25-202. Abandonment of vehicles prohibited; presumption of ownership.
(a) Abandonment prohibited.- A person may not abandon a vehicle:
(1) On any public property; or
(2) On any property other than his own without the permission of the owner or lessee of the property.
(b) Presumption of ownership.- The last known registered owner of an abandoned vehicle is considered to be the prima facie owner of the vehicle at the time it was abandoned and the person who abandoned it.
§ 25-203. Police may take abandoned vehicles into custody.
(a) In general.- A police department may take any abandoned vehicle into custody. For this purpose, the police department may use its own personnel, equipment, and facilities or, subject to the provisions of subsection (b) of this section, use other persons, equipment, and facilities for removing, preserving, and storing abandoned vehicles.
(b) Use of tow trucks.- A police department may not authorize the use of a tow truck under subsection (a) of this section unless the tow truck is registered under § 13-920 of this article.
§ 25-204. Notice by police to last known registered owner and secured parties - In general.
(a) Notice to be sent by police.- As soon as reasonably possible and within 7 days at most after it takes an abandoned vehicle into custody, a police department shall send a notice, by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to:
(1) The last known registered owner of the vehicle; and
(2) Each secured party, as shown on the records of the Administration.
(b) Contents of notice.- The notice shall:
(1) State that the abandoned vehicle has been taken into custody;
(2) Describe the year, make, model, and vehicle identification number of the vehicle;
(3) Give the location of the facility where the vehicle is held;
(4) (i) Inform the owner and secured party of the owner's and secured party's right to reclaim the vehicle within 3 weeks after the date of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; or
(ii) In Baltimore City and Montgomery County, be sent by certified mail, return receipt requested, and inform the owner and secured party of the owner's and secured party's right to reclaim the vehicle within 11 working days after the receipt of the notice, on payment of all towing, preservation, and storage charges resulting from taking or placing the vehicle in custody; and
(5) State that the failure of the owner or secured party to exercise this right in the time provided is:
(i) A waiver by the owner or secured party of all of the owner's or secured party's right, title, and interest in the vehicle;
(ii) A consent to the sale of the vehicle at public auction; and
(iii) A consent by the owner other than a lessor to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.
(c) Recovery of costs of impoundment, etc.- In Baltimore City, Prince George's County, and Montgomery County, a police department or its agent may seek to recover costs of impoundment, storage, and sale of a vehicle as provided by §§ 25-206.1 and 25-206.2 of this subtitle. If a police department or its agent seeks to apply the provisions of §§ 25-206.1 and 25-206.2 of this subtitle, the notice required by this section shall also state that the failure of the owner or secured party to exercise the right to reclaim the vehicle in the time provided may cause:
(1) Continuing liability of the owner for costs of:
(i) Impoundment;
(ii) Storage within the chargeable limit for storage as provided in §25-206.1 (b) of this subtitle; and
(iii) Sale of the vehicle; and
(2) Denial of any application by the owner to renew the registration of any vehicle as required by § 25-206.2 of this subtitle.
§ 25-205. Same - Notice by publication.
(a) Application of section.- This section applies if:
(1) The identity of the last registered owner of an abandoned vehicle cannot be determined;
(2) The registration of the vehicle gives no address for the owner;
(3) It is impossible to determine with reasonable certainty the identity and address of each secured party; or
(4) The certified mail notice required by § 25-204 of this subtitle is returned as undeliverable.
(b) When notice by publication required.- Under one of the conditions described in subsection (a) of this section, a police department that takes an abandoned vehicle into custody shall give the required notice by posting a notice complying with the provisions of subsection (c) of this section in the circuit court of the county where the abandoned vehicle was found.
(c) Requisites of notice.- The notice:
(1) May contain multiple listings of abandoned vehicles;
(2) Shall contain the information required by § 25-204 of this subtitle; and
(3) Shall be posted:
(i) Within 15 days of the taking into custody of the vehicle; or
(ii) If the notice by posting under this section is made because of the return as undeliverable of a prior notice by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, within 7 days of the return of that prior notice.
§ 25-206. Effect of failure to reclaim vehicle.
(a) In general.- If the owner or secured party fails to reclaim an abandoned vehicle within 3 weeks after notice is given under this subtitle, the owner or secured party is deemed to have waived all of the owner's or secured party's right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.
(b) Baltimore City and Montgomery County.- In Baltimore City and Montgomery County, if the owner or secured party fails to reclaim an abandoned vehicle within 11 working days after receipt of notice given under § 25-204 (b) (4) (ii) of this subtitle, the owner or secured party is deemed to have waived all of the owner's or secured party's right, title, and interest in the vehicle and to have consented to the sale of the vehicle at public auction, and the owner other than a lessor is deemed to have consented to the retention of the vehicle for public purposes as provided in § 25-207 of this subtitle.
§ 25-206.1. Liability for costs of preservation and storage of vehicle.
(a) Application.- This section applies to any vehicle sold by a police department of Baltimore City, Prince George's County, Montgomery County, or a municipal corporation in Prince George's County or Montgomery County under this subtitle as an abandoned vehicle, and to any vehicle sold pursuant to an ordinance of the Mayor and City Council of Baltimore, an ordinance or local law enacted by Prince George's County or Montgomery County, or an ordinance enacted by a municipal corporation in Prince George's County or Montgomery County governing vehicles that are:
(1) Abandoned and unclaimed;
(2) Reported stolen, recovered, and subsequently unclaimed; or
(3) Involved in an accident, removed by police, and subsequently unclaimed.
(b) Costs chargeable to owner.- If the money collected from the sale of a vehicle subject to this section is not enough to reimburse a police department or its agent for the costs of towing, preserving, and storing the vehicle and for the expenses of sale, including all publication and notice costs, the last registered owner shall be liable to the police department or its agent for the deficiency. For purposes of this subsection, the costs chargeable to an owner for the preservation and storage of a vehicle may not exceed $300.
(c) Costs chargeable to transferee.- If a vehicle subject to this section is transferred by the registered owner after it has been towed or impounded and before its sale at auction, and the transferee is given a copy of the notice required under § 25-204 of this subtitle, by the transferor or by the towing or impounding agency, then the transferee shall be liable for the costs provided by this section.
(d) Exception; bona fide sale or gift.- The liability provided by this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred.
(e) Notice required.- The liability provided by this section does not apply in any case in which notice as required by § 25-204 (c) of this subtitle has not been provided.
§ 25-206.2. Restrictions on vehicle registration for liability incurred under § 25-206.1
(a) In general.- The Administration may not renew the registration of any vehicle subject to this section if it is notified by a police department of Baltimore City, Prince George's County, Montgomery County, or a municipal corporation in Prince George's County or Montgomery County that the applicant has failed to satisfy a liability arising under § 25-206.1 of this subtitle to the police department or its agent.
(b) Application.-
(1) The restriction provided by this section shall apply to all vehicles registered to the applicant at the time that notification is made by a police department as provided in subsection (a) of this section.
(2) The restriction provided by this section may not apply solely to those vehicles provided for under § 25-206.1 of this subtitle.
(c) Administration to continue to refuse application.- The Administration shall continue to refuse an application as required by subsection (a) of this section until it is notified by the police department that the applicant is no longer subject to the restriction imposed by this section.
(d) Exceptions; bona fide sale or gift.- The penalty provided in this section does not apply to the registered owner of a vehicle who has made a bona fide sale or gift of the vehicle to another person prior to its being towed or impounded. The registered owner has the burden of showing that a bona fide sale or gift of the vehicle has occurred.
(e) Notice required under § 25-204 (c).- The penalty provided by this section does not apply in any case in which notice as required by § 25-204 (c) of this subtitle has not been provided.
(f) Administration to be notified.- The Administration shall adopt procedures by which a police department shall notify it of any restriction or rescission of a restriction under this section on a person's ability to register or transfer the registration of a vehicle.
(g) Restrictions in addition to other penalties provided by law.- The restrictions and procedures provided by this section are in addition to any other penalty provided by law for the abandonment of, or failure to reclaim impounded vehicles.
§ 25-207. Sale of vehicle; disposition of proceeds.
(a) Sale.- Except as provided in subsection (e) of this section, if an abandoned vehicle is not reclaimed as provided for in this subtitle, the police department shall sell the vehicle at public auction.
(b) Rights of buyer.- The buyer of the vehicle at auction:
(1) Takes ownership of the vehicle free and clear of any claim of ownership or lien of any other person;
(2) Is entitled to a sales receipt, on a form that is approved by the Administration, from the police department;
(3) Is entitled to obtain a salvage certificate for the vehicle; and
(4) May obtain a certificate of title under § 13-507 of this article.
(c) Certificate of title not necessary in certain cases.- The sales receipt, on a form that is approved by the Administration, is sufficient title for transferring the vehicle to an automotive dismantler and recycler or scrap processor for dismantling, destroying, or scrapping, in which case, a certificate of title is not required.
(d) Allocation of funds from sale.- Except as otherwise provided in this subtitle:
(1) From the proceeds of the sale of an abandoned vehicle, the police department shall reimburse itself for the costs of towing, preserving, and storing the vehicle and the expenses of the auction, including all notice and publication costs incurred under this subtitle; and
(2) Any remaining proceeds of the sale shall be held for 90 days for the owner of the vehicle and any entitled secured party, after which the remaining proceeds revert to:
(i) The treasury of the county in which the sale was made; or
(ii) In the case of a municipality that conducts the sale, the treasury of the municipality.
(e) Retention and use of vehicle.-
(1) After satisfying the requirements for obtaining a certificate of title for an abandoned vehicle under § 25-207.1 of this subtitle, a police department may retain and use the vehicle for public purposes without any further notice or consent of the owner other than a lessor as provided in paragraph (2) of this subsection.
(2) (i) If there is a secured party with an interest in the vehicle as shown on the records of the Administration, the police department may not retain the vehicle for public purposes without the written consent of the secured party.
(ii) If the vehicle is owned by a lessor under a lease not intended as security, the police department may not retain the vehicle for public purposes without the written consent of the lessor.
(f) Dismantling or sale.- A vehicle retained for public purposes under subsection (e) of this section:
(1) May be dismantled or disassembled for the purpose of using its component parts; and
(2) When no longer usable for public purposes, may at the discretion of the police department, without further notice, be sold at public auction as provided in this
subtitle or transferred by the police department to a scrap processor licensed under § 15-502 of this article.
§ 25-207.1. Abandoned or impounded vehicles with removed or defaced serial numbers.
(a) Applicability.- This section applies to any vehicle:
(1) Which is impounded by a police department either as abandoned or pursuant to other State or local law;
(2) From which the engine or vehicle serial number has been removed or defaced; and
(3) Of which neither the owner nor any secured party can be identified from records of the Administration or other reasonable steps taken by the police department.
(b) Application for assignment of identification number.- The police department on whose authority the vehicle was impounded may apply to the Administration for an assignment of an identification number under §§ 13-106.1 and 14-107 of this article.
(c) Application for assignment of certificate of title.- The police department on whose authority the vehicle was impounded may apply to the Administration for a certificate of title to a vehicle, and shall submit as evidence of ownership:
(1) A copy of the return receipt or certified mail notice returned as undeliverable, received under § 25-204 of this subtitle; or
(2) A copy of the notice published under § 25-205 of this subtitle.
(d) Public use of vehicle.- Notwithstanding the provisions of § 25-207 of this subtitle, the police department, after satisfying the requirements of subsections (b) and (c) of this section, may retain and use the vehicle for public purposes.
(e) Dismantling or disassembling; disposition.- Any vehicle retained for use under this section:
(1) May not be dismantled or disassembled for the purpose of using its component parts; and
(2) When no longer usable for public purposes, shall be transferred by the police department to a scrap processor licensed under § 15-502 of this article.
§ 25-208. Special provisions for vehicles abandoned in garages.
(a) "Abandoned" defined.- In this section, "abandoned" means abandoned in a garage, as described in § 25-201 (b) (4), (5), or (6) of this subtitle.
(b) Report by garage keeper required.-
(1) A garage keeper shall report any vehicle abandoned in the garage to the appropriate police department.
(2) Any garage keeper who fails to report the vehicle within 10 days after it becomes abandoned no longer has any claim for servicing, storage, or repair of the vehicle.
(c) Taking into custody and sale.- The police department may take the abandoned vehicle into custody and sell it in accordance with the procedures set forth in this subtitle, unless:
(1) The vehicle is reclaimed by the owner or secured party; and
(2) The garage keeper is paid.
(d) Allocation of funds from sale.- As to the proceeds of the sale:
(1) They shall be applied, first, to the garage keeper's charges for servicing, storage, or repair; and
(2) Any surplus proceeds shall be distributed in accordance with § 25-207(d) of this subtitle.
(e) Construction of section.- This section does not impair any:
(1) Lien of a garage keeper under the laws of this State; or
(2) The right of any secured party to foreclose.
§ 25-209. Disposition of vehicles to dismantler and recycler or scrap processor - In general.
(a) Application for disposition - In general.- Any person who possesses or on whose property is found an abandoned vehicle and any person who owns a vehicle, for which the certificate of title is defective, lost, or destroyed, may apply to the police department of the jurisdiction in which the vehicle is located for authority to transfer the vehicle to an automotive dismantler and recycler or scrap processor.
(b) Same - Contents.- The application shall include:
(1) The name and address of the applicant;
(2) The year, make, model, and vehicle identification number of the vehicle, if ascertainable, and any other identifying features of the vehicle;
(3) A concise statement of the facts about the abandonment of the vehicle or the loss, destruction, or defect of the certificate of title of the vehicle; and
(4) An affidavit stating that the facts alleged in the application are true and that no material fact has been withheld.
(c) Notification of owner and secured party - In general.- If a police department finds that the application is executed in proper form and shows either that the vehicle has been abandoned on the property of the applicant or, if the vehicle is not abandoned, that the applicant appears to be the rightful owner, the police department shall follow the notification procedures of §§ 25-204 and 25-205 of this subtitle.
(c-1) Same - Waiver.- If the applicant submits with the application documentary proof that the notification procedures of §§ 25-204 and 25-205 already have been complied with, the police department may accept the document as proof of compliance and the department is not required to provide this notification.
(d) If vehicle not reclaimed.-
(1) If an abandoned vehicle is not reclaimed in the time required by this subtitle, the police department shall give the applicant a certificate of authority to transfer the vehicle to:
(i) Any automotive dismantler and recycler for:
1. Dismantling, destroying, or scrapping; or
2. Salvaging as authorized under § 13-506 of this article; or
(ii) Any scrap processor for dismantling, destroying, or scrapping.
(2) The automotive dismantler and recycler or scrap processor shall accept the certificate of authority instead of the certificate of title of the vehicle.
(3) The automotive dismantler and recycler may apply for a salvage certificate as provided in § 13-506 of this article.
§ 25-210. Same - Transfer under indemnity agreement.
(a) Application of section.- The following persons may transfer a vehicle under this section:
(1) Any person who possesses or on whose property any abandoned vehicle is found;
(2) Any person who owns a vehicle for which the certificate of title is defective, lost, or destroyed; or
(3) Any agent designated and authorized by a government agency to remove an abandoned vehicle from public or private property.
(b) Transfer without certificate of title or notification.- Notwithstanding any other provision of this subtitle, if the vehicle is more than 8 years old and has no engine or otherwise is totally inoperable, any person described in subsection (a) of this section may transfer the vehicle to an automotive dismantler and recycler or scrap processor without a certificate of title and without following the notification procedures of §§ 25-204 and 25-205 of this subtitle.
(c) Indemnity agreement.- An automotive dismantler and recycler or scrap processor may require a person who transfers a vehicle under subsection (b) of this section, to execute an indemnity agreement on a form prescribed by the Administration.
(d) Scrap processor to file agreement.- In those cases described in subsection (b) of this section, an automotive dismantler and recycler or a scrap processor whose plant is physically located and operating in this State may file with the Administration the indemnity agreement described in subsection (c) of this section that identifies the vehicle and contains the name, address, and signature of the person delivering it.
TITLE 17. PUBLIC PROTECTION SERVICES
SUBTITLE 6. TOWING FROM PRIVATE PROPERTY
Sec. 17.600. Purpose; scope; definition.
(a) Purpose : The purpose of this subtitle is to protect the health, safety, and welfare of county residents and to regulate and authorize the county council to set maximum rates for the towing of vehicles from private property. This subtitle does not authorize the towing or holding of any vehicle. To the extent that legal authority to tow or hold a vehicle without the consent of its owner exists, that authority shall be derived from other statutes or the common law. This subtitle restricts the exercise of any such legal authority.
(b) Scope :
(1) This subtitle applies to the towing of a vehicle from private property without the consent of the vehicle owner.
(2) This subtitle does not apply to:
(i) Towing initiated by the vehicle owner;
(ii) Towing approved or requested by a police officer, firefighter, or rescue squad member in the course of removing impediments to traffic or during the course of a criminal investigation or under state law regulating abandoned vehicles;
(iii) Towing a vehicle during a repossession of the vehicle;
(iv) Towing from a marked fire lane;
(v) Towing from a designated handicapped parking space;
(vi) Towing from the yard or driveway of a single-family dwelling; or
(vii) Towing from land immediately adjoining an electric or telephone utility building or structure that is not open to the general public.
(c) Definitions: Words and phrases used in this subtitle shall have their usual meanings, except as defined below:
(1) Property manager: Any person who manages property on behalf of an owner.
(2) Property owner: Includes any person in lawful possession or control of property. The owner of general common elements of a condominium is the council of unit owners or the council's agent for parking management. The owner of limited common elements of a condominium is the unit owner or owners who have the executive right to use the common elements, or the agent of that unit owner or owners.
(3) Redemption area: An area or building where a vehicle owner may pay any charges necessary to redeem a vehicle.
(4) Storage site: Any land or building used by a towing service to store towed vehicles.
(5) Tow or towing: The removal or preparation to remove any vehicle by another vehicle for compensation.
(6) Tow truck: Includes any vehicle which may tow or attempt to tow a vehicle from private property.
(7) Trespass towing service or towing service: Any person who tows any vehicle from private property for compensation without the consent of the vehicle owner.
(8) Unauthorized vehicle: Any vehicle which a property owner has not consented to have parked on the property.
(9) Vehicle : A device that is able to transport persons or property on a public highway and is required to be registered pursuant to Title 13 of the Transportation Article of the Annotated Code of Maryland.
(10) Vehicle owner: The person in whose name title to a vehicle is registered.
