It shall be unlawful for any person to park or cause to be parked a vehicle on a private property which has been posted against parking pursuant to this article 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, shall be deemed prima facie 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.
[Amended 9-18-2017 by Ord. No. O-18-01]
A. 
In general, the owner or operator of a parking lot or the owner's or operator's agent may not have a vehicle towed or otherwise removed from the parking lot unless the owner, operator, or agent has placed in conspicuous locations, as described in Subsection B of this section, signs that:
(1) 
Are at least 24 inches high and 30 inches wide;
(2) 
Are clearly visible to the driver of a motor vehicle entering or being parked in the parking lot;
(3) 
State the location to which the vehicle will be towed or removed and the name of the towing company;
(4) 
State that state law requires that the vehicle be available for reclamation 24 hours per day, seven days per week;
(5) 
State the maximum amount that the owner of the vehicle may be charged for the towing or removal of the vehicle; and
(6) 
Provide the telephone number of a person who can be contacted to arrange for the reclaiming of the vehicle by its owner or the owner's agent.
B. 
Location. The signs described in Subsection A of this section shall be placed to provide at least one sign for every 7,500 square feet of parking space in the parking lot.
[Amended 9-18-2017 by Ord. No. O-18-01]
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 an authorized towing company stating that he requests that said vehicle be removed from his property. Said complaint shall be on a form approved by the Chief of Police and shall contain a statement made by the property owner or property owner's agent, under oath, that the vehicle which he seeks to have removed was parked on his property without his consent and that the vehicle was parked in an area from which a sign prohibiting unauthorized parking was clearly visible.
A. 
The towing company shall cause to be presented to the property owner or property owner's agent a tow slip, which shall consist of one original and three copies. The towing company 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 towing company shall then cause a copy of the towing slip to be securely affixed to the subject vehicle.
[Amended 9-18-2017 by Ord. No. O-18-01]
B. 
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, and name of towing company.
[Amended 9-18-2017 by Ord. No. O-18-01]
A. 
Before towing or removing the vehicle, the towing company shall have written authorization of the parking lot owner, which shall include:
(1) 
The name of the person authorizing the tow or removal;
(2) 
A statement that the vehicle is being towed or removed at the request of the parking lot owner; and
(3) 
Photographic evidence of the violation or event that precipitated the towing of the vehicle.
B. 
After completion of the requirements of § 150-34 of this article, the towing company may proceed to tow the subject vehicle to an impoundment facility maintained by the City or by an authorized towing company.
C. 
Within one hour after completion of the removal of the subject vehicle, the authorized towing company shall notify the City Police Department of the location and identification of the vehicle.
D. 
In no event shall the impounded vehicle be towed to a storage lot more than 10 miles from the private property.
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.
A. 
Notification after impoundment shall be in accordance with the provisions of § 150-26 of this code; however, said notice shall be made exclusively by the towing facility receiving said impounded vehicle.
[Amended 9-18-2017 by Ord. No. O-18-01]
B. 
The notice shall:
(1) 
State that the vehicle has been taken into custody for violation of the City ordinance prohibiting unauthorized parking on private property;
(2) 
State the year, make, model, and vehicle identification number of the vehicle;
(3) 
Give the location of the impoundment facility where the vehicle is held;
(4) 
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 21 days of the date of such notice by filing a request for hearing with the City Police on a request form which shall be included with such notice;
(5) 
Inform the owner and secured party of the right to reclaim the vehicle within 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;
(6) 
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 and is a consent to the sale of the vehicle at public auction.
A. 
This section shall apply if:
(1) 
The identity of the last registered owner of an impounded 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 § 150-37 of this article is returned as undeliverable.
B. 
The towing facility shall give the notice provided for in § 150-37 by publication in at least one newspaper of general circulation in Prince George's County, Maryland.
[Amended 9-18-2017 by Ord. No. O-18-01]
C. 
The notice by publication:
(1) 
May contain multiple listings of abandoned vehicles;
(2) 
Shall contain the information required by § 150-37; and
(3) 
Shall be published within 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 certified mail, within seven days of the return of that prior notice.
[Amended 9-18-2017 by Ord. No. O-18-01]
A. 
Within 21 days from the date notice is mailed pursuant to §§ 150-37 and 150-38 of this article, 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 article. The request for a hearing shall be made by filing a request-for-hearing form with the Police Department.
B. 
The hearing shall be held within 30 calendar days after the request for a hearing is filed with the Police Department. The hearing shall be before a hearing officer designated by the City Administrator. Such hearing officer shall not be a member of any state or local police department.
C. 
Determination as to whether vehicle was parked illegally.
(1) 
If it is determined at the hearing that the vehicle was not parked on private property in violation of this article, 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 in connection with the impoundment. If the owner has already paid such towing, storage and other charges, he shall be entitled to receive reimbursement of all such payments from the property owner who filed the complaint which caused the towing and impoundment of the vehicle.
(2) 
If the hearing officer shall determine that the vehicle was illegally parked on private property in violation of this article, then the owner of the vehicle may not reclaim it until he has paid all towing and storage charges and costs of notice incurred by the City Police.
[Amended 9-18-2017 by Ord. No. O-18-01; 6-18-2018 by Ord. No. O-18-19]
A. 
The owner or secured party of a vehicle which has been impounded may reclaim such vehicle within 21 days of the date notice is mailed pursuant to §§ 150-37 and 150-38 by paying all towing and storage charges and costs of notice incurred in connection with said impoundment pursuant to regulations issued by the Chief of Police.
B. 
The Chief of Police is authorized to charge an administrative fee for police-related impounds.
[Amended 9-18-2017 by Ord. No. O-18-01]
If the owner or secured party fails to reclaim an impounded vehicle within 21 days after notice is mailed pursuant to this article, the owner or secured party is deemed to have waived all of his right, title and interest to the vehicle and to have consented to the sale of the vehicle at public auction.