[Added 5-20-2008 by Ord. No. O-08-16]
A.
ABANDONED VEHICLE
PARKING LOT
Definitions. As used in this article, the following terms shall have
the meanings indicated:
A motor vehicle that remains upon a parking lot as defined
herein without the permission of the owner, the owner's agent or the
owner's lessee for a period of time exceeding 48 hours.
A privately owned facility consisting of five or more spaces
for motor vehicle parking that is accessible to the general public,
and intended by the owner of the facility to be used by the owner
or the owner's customers, clients, lessees, or invitees.
The owner or operator of a parking lot, or the agent thereof,
may not have a vehicle towed or removed from said parking lot, unless
the owner, operator or agent has placed in conspicuous locations,
signs that:
A.
Are clearly visible to the driver of a motor vehicle entering or
being parked in said parking lot;
B.
Identify the location to which the vehicle will be towed or removed;
C.
Identify a telephone number of a person who can be contacted to arrange
for the reclaiming of a towed or removed vehicle by the owner, which
number shall be attended or monitored by an individual, 24 hours per
day, seven days per week;
D.
Identify that a towed or removed vehicle may be reclaimed from the
location to which it has been towed at any time, 24 hours per day,
seven days per week; and
E.
States that the maximum amount that the owner of the vehicle may
be charged for the towing or removal of the vehicle, including storage
fees, is set by the Washington County Emergency Communication Center.
[Amended 6-22-2010 by Ord. No. O-10-14]
Any person or entity which undertakes the towing, removal, or
the storage of a vehicle from a parking lot:
A.
May not tow, remove, or store the vehicle outside of the corporate
limits of the City of Hagerstown;
B.
May not prohibit access to or the removal of a vehicle from a parking
lot by the vehicle owner or operator prior to said vehicle being towed;
C.
Must immediately deliver any towed or removed vehicle to a storage facility located within the corporate limits of the City of Hagerstown, which location shall be identified on the signage required by § 60-56;
D.
Must have the express authorization of the owner or operator, of
the parking lot, or the agent thereof, to effectuate the towing, removal
and storage of a particular vehicle prior to the removal of said vehicle;
E.
Must notify the Hagerstown Police Department within two hours of
towing and removing the vehicle of the tow or removal, identifying
by make, model and registration plate number, the vehicle so towed
or removed, the time of tow or removal and the current location of
the stored vehicle;
F.
May not charge fees for towing, removal or storage in excess of the
maximum amounts permitted by the Washington County Emergency Communication
Center pursuant to its standardized tow service rates, as from time
to time amended;
[Amended 6-22-2010 by Ord. No. O-10-14]
G.
May not employ individuals commonly referred to as "spotters" whose
primary task is to report the presence of unauthorized parked vehicles
on parking lots for the purposes of towing, removal or storage;
H.
May not pay any remuneration or consideration of any kind to the
owner or operator of the parking lot, or the agent thereof;
I.
Must provide immediate and continuous opportunity to the owner or
operator of any towed, removed, or stored vehicle to retake possession
of said vehicle, and shall provide access thereto after being contacted
by said owner or operator within 30 minutes if contacted between 6:00
a.m. and 12:00 midnight, or within 45 minutes if contacted at any
other time; and
J.
May not require payment of the fees permitted hereunder be made in
cash, must accept any commercially reasonable form of payment from
the owner or operator of a towed, removed or stored vehicle for such
fees, and shall provide the owner or operator of such vehicle a written
receipt upon payment of said fees.
