(a) When required. A person may not engage in police-initiated towing or nonconsensual towing without a license issued by the Department, except that a license is not required for a towing company that is the personal choice of the owner of a disabled vehicle or the owner's agent.
(b) Standards for issuance. To be eligible for a license, a towing company shall meet the following standards:
(1) the towing company shall comply with all applicable federal, State, and local statutes, ordinances, and regulations, and all rules, regulations, forms, and operating procedures that are promulgated by the Department;
(2) all tow trucks used by the towing company shall be registered by the State Motor Vehicle Administration, capable of performing normal towing operations in a safe and timely manner, and legibly inscribed on each side with the name and address of the towing company in letters at least four inches in height;
(3) the tow trucks shall be in good mechanical condition and equipped with necessary towing gear and safety apparatus; and
(4) the towing company shall ensure that each tow truck operator:
(i) holds a valid driver's license issued by the United States Government or the State of the person's residence for the class vehicle that the driver operates while employed as a tow truck operator;
(ii) is at least 18 years old;
(iii) is courteous and does not use abusive or offensive language when dealing with the public or police;
(iv) within the three-year period prior to the date of the application, has not been convicted of a felony or entered a plea of guilty or nolo contendere to a felony;
(v) is not a consistent violator of motor vehicle laws; and
(vi) does not have a history of drug or alcohol abuse.
(c) Additional standards for police-initiated towing. A towing company that engages in police- initiated towing shall:
(1) possess at least three tow trucks registered by the State Motor Vehicle Administration that are capable of performing normal towing operations in a safe and timely manner;
(2) be operational and available 24 hours a day, seven days a week, with sufficient qualified, licensed, and trained personnel to respond to requests and operate the tow trucks and related equipment; and
(3) be able to respond to calls for service in a tow area within 30 minutes and shall have an acceptable response record or be expected to be able to respond in the required time frame.
(d) Additional standards for nonconsensual towing. A towing company that engages in nonconsensual towing shall have, within the County or within two miles measured by driving distance of the County's boundary line, a storage facility and, if separate from the storage facility, a redemption area.
(e) Application. A towing company shall report to the Director in writing within three business days all changes to the information contained in an application.
(f) Fees. The annual application fee is $250. The annual license fee is $25 for each tow truck.
(g) Investigation and approval by Police Department. The Director shall forward the application to the Police Department for an investigation and inspection and approval. The Police Department shall approve the application on finding that the towing company complies with the standards set forth in this title and the towing company has no pattern of violations of this title.
(h) Issuance. The Director shall issue a license if the Police Department has approved it; the towing company complies with all applicable zoning laws; and no other factors or conditions exist that warrant denial of the license. The Director may not issue a license to a company that performs police-initiated towing unless the towing company has an adequate off-street storage facility located in the County.
(i) Approved list. The Department shall establish and maintain a list of licensed towing companies and provide the list to the Police Department and shall separately designate those companies licensed to conduct police-initiated towing.
(j) Denial; revocation; suspension. After providing a hearing, the Director may deny, revoke, or suspend the license of a towing company that:
(1) violates any of the provisions of this title;
(2) violates any rules or regulations adopted under this title;
(3) violates any of the provisions of § 12-3-107 of this Code;
(4) fails to submit timely and proper State and County forms or reports; or
(5) has a license to tow suspended or revoked by another jurisdiction after opportunity for a hearing.
(k) Additional grounds for denial, revocation, or suspension of license for police-initiated towing. After providing a hearing, the Director may deny, revoke, or suspend the license of a towing company that performs police-initiated towing if the company:
(1) has five responses in excess of 30 minutes within any two-month period that were not excused pursuant to § 11-16-302; or
(2) fails to respond to seven tow requests within a six-month period.
(l) Expiration. A license issued under this title expires on August 31 of each year.
(m) Display of license and decal. A license issued under this title shall be carried in each tow truck of the licensed towing company when the tow truck is in use. The Department shall issue a decal to each licensed tow truck, and the towing company shall display the decal prominently on the exterior of each tow truck.
(1985 Code, Art. 16, §§ 18-201, 18-202, 18-203, 18-204, 18-205, 18-207, 18-208) (Bill No. 46-92; Bill No. 80-99; Bill No. 18-09; Bill No. 7-12; Bill No. 60-16; Bill No. 83-19)