[HISTORY: Adopted by the Harford County Council
by Bill No. 92-87. Amendments noted where applicable.]
For the purposes of this Article, the following
words and phrases shall have the meanings respectively ascribed to
them by this section:
[Repealed by Bill
No. 94-28]
A motor vehicle which has been damaged or rendered inoperative
as the result of a collision or accident, as a result of wear and
tear or mechanical failure, or as a result of any other cause, and
of which a law enforcement agency has requested the removal.
That period between the hours of 9:00 a.m. and 5:00 p.m.,
Monday through Friday, excluding holidays.
The moving or removing or the preparation thereof of a disabled
vehicle by another vehicle for which service charge is made, either
directly or indirectly. A charge made indirectly includes dues or
other charges of bona fide clubs or associations which provide towing
services.
The Department of Inspections, Licenses and Permits may revoke or suspend the license of any person licensed to engage in the towing business upon the violation of any of the provisions of this Article or any rules and regulations promulgated pursuant hereto or upon the failure to comply with any of the provisions and terms of any repair agreement executed pursuant to § 237-13 of this Article or upon the conviction by a court of competent jurisdiction of the crimes of perjury, bribery, or impersonating a police officer or of any felony.
The Department of Inspections, Licenses and
Permits shall, after consultation with the Sheriff's Office, develop
and adopt rules and regulations for the administration and enforcement
of this chapter.
Any person who is aggrieved by a decision of
the Department of Inspections, Licenses and Permits shall have the
right to file an appeal with the Board of Towing Appeals within 30
calendar days of the decision for a hearing in the matter.
A.
It shall be unlawful for any person to engage in towing
disabled vehicles from the scene of a motor vehicle accident in the
county unless the person is licensed under this chapter and unless
the license is not suspended or revoked at the time of towing.
B.
Nothing in this chapter shall prevent a law enforcement
agency from contacting any towing company if special equipment is
needed or if an emergency exists and no licensed towing company is
available to or capable of handling the emergency.
[Amended by Bill No. 94-28[1]]
C.
Application shall be made on forms to be furnished
by the Department of Inspections, Licenses and Permits. The applicant
shall pay an application fee when the application is made, which shall
be retained by the Department of Inspections, Licenses and Permits
to cover initial examination and inspection costs. If the application
is approved, the applicant shall pay a license fee per towing vehicle,
covering the license for the then current calendar year. Thereafter
the licensee shall pay each year a fee per vehicle for a renewal of
the license. A certified copy of the license must be carried in each
towing vehicle and such copies may be obtained from the Department.
The amount of each fee shall be established by the Department of Inspections,
Licenses and Permits through rules and regulations adopted in accordance
with § 807 of the Harford County Charter.
D.
The licensee shall be provided with a decal for each
towing vehicle by the Sheriff's Office. This decal must be affixed
to each towing vehicle in a conspicuous location.
No licensed tow company operator shall change
the location of its business without notifying the Department of Inspections,
Licenses and Permits and the Sheriff's Office at least 60 calendar
days in advance unless such relocation is occasioned by a substantial
casualty loss of such location, including acts of God. The new location
must meet all requirements of this chapter or the license will be
canceled.
Before any license shall be issued or renewed
to any person to conduct a towing business, such person shall be required
to give evidence to the county of comprehensive general liability
insurance coverage in the minimum limits of one hundred thousand dollars
($100,000.00) per individual, three hundred thousand dollars ($300,000.00)
per occurrence and one hundred thousand dollars ($100,000.00) property
damage on each vehicle, provided by a company licensed to do insurance
business in the state.
A.
The Department of Inspection, Licenses and Permits,
after receipt of an application for a license, shall forward it to
the Sheriff or the Sheriff's designee for investigation and inspection
to ensure:
(1)
That the applicant has facilities to provide towing
services when requested on a twenty-four-hour basis;
(2)
That the towing vehicles of the applicant are in good
mechanical condition and equipped with the towing gear and safety
apparatus determined necessary by the Sheriff's Office; and
(3)
That the towing vehicles of the applicant are registered
as tow trucks with the State Motor Vehicle Administration under the
Transportation Article, § 13-920, of the Annotated Code
of Maryland.
B.
The Sheriff's Office of Harford County should promptly report its findings to the Department of Inspections, Licenses and Permits. If the applicant shall be denied a license based upon such findings, such decision shall be appealable as provided in Section 237-3.
C.
The Department of Inspections, Licenses and Permits
shall request a report from the Zoning Administrator on the applicant's
compliance with the County Zoning Regulations.
D.
All records required by this chapter to be maintained
by licensed towing companies shall be open to inspection by authorized
law enforcement agencies, during normal business hours.
Each tow company shall provide one (1) business
telephone number to its place of business but may have an extension
of such telephone at any other location where a company representative
may be contacted.
The Sheriff of Harford County may retain a current
list of all duly licensed towing operators. Whenever the services
of a towing vehicle shall be required and a request is made to a law
enforcement agency concerning such services, the law enforcement agency
shall call the licensed towing operator for that geographically assigned
area who is shown to be next assigned by a rotation list, except when
an owner requests a specific towing company provided that such tow
company can respond within a reasonable time. If the vehicle is a
traffic hazard or obstructing traffic and the company cannot respond
within the time specified in this chapter, the next assigned tow company
based on the rotation list for that geographically assigned area shall
be called and the owner of the vehicle shall be subject to the fees
prescribed in this chapter. In the event the towing operator does
not then have a towing vehicle available for service, the law enforcement
agency shall call the next towing operator and so on until a towing
vehicle has been secured. If a towing vehicle does not arrive at the
scene of a collision or accident within twenty (20) minutes after
request is made, the officer at the scene shall notify the law enforcement
agency of such fact. The law enforcement agency shall then contact
the towing company to ascertain the cause for the delay. If the law
enforcement agency is not reasonably satisfied that the towing vehicle
will arrive at the scene within five (5) minutes after the second
call, it shall contact the next towing company on the rotation list
for the assigned geographic area, etc., as if the first towing company
had not been contacted. Consideration will be given, however, to abnormal
traffic patterns that result from adverse weather conditions, emergencies,
or other causes. Upon arriving at the scene of an accident, the towing
operator shall immediately remove the disabled vehicle to the operator's
storage lot or to a place of the owner or operator's choosing. In
the event a disabled vehicle cannot promptly and efficiently be removed
from the scene of an accident, the towing operator may call another
licensed tow company to assist in such removal. A towing company shall
be required to release a disabled vehicle only during the regular
business day, but may release such a vehicle to the owner at other
times.
No towing company or any employee thereof shall
dispatch any vehicles to the scene of an accident based on information
obtained by way of signals or messages transmitted on frequencies
allocated for use by a law enforcement agency in the county.
Maximum reasonable and customary charges for
towing vehicles shall be established by the Towing Appeals Board.
Rates will be reviewed once in a calendar year upon written request
by licensed towing companies.
A.
It shall be unlawful for any towing company to make
repairs for consideration on any disabled vehicle removed by a towing
vehicle without first entering into a signed agreement with the owner
of the disabled vehicle or the owner's authorized representative.
This agreement must include an estimate of repairs.
B.
One (1) copy of any agreement entered into pursuant
to this section shall be given to the owner of the disabled vehicle
or the owner's authorized representative.
C.
One (1) copy of any agreement entered into pursuant
to this section shall be retained as permanent record for a period
of two (2) years by the licensee who owns or leases the towing vehicle
to be used in towing or removing the disabled vehicle.
It shall be unlawful for any person towing disabled
vehicles to offer to secure or provide bail or to enter into any agreement,
oral or written, to secure or provide bail or arrange for the providing
of bail for any person involved in a motor vehicle collision or accident
in the county, with the exception that this section shall not apply
to bona fide automobile clubs, associations, or insurance companies.
