Title
Parking and Towing Regulations - For the purpose of eliminating the requirement that towing companies be within one mile of the City; allowing City contractors to oversee towing; and generally updating parking and towing regulations in Titles 7 and 12.
Body
CITY COUNCIL OF THE
City of Annapolis
Ordinance 23-24
Introduced by: Alderman Schandelmeier
Co-sponsored by: Ald. Pindell Charles
Referred to:
Economic Matters Committee
Transportation Committee
AN ORDINANCE concerning
Parking and Towing Regulations
For the purpose of eliminating the requirement that towing companies be within one mile of the City; allowing City contractors to oversee towing; and generally updating parking and towing regulations in Titles 7 and 12.
BY repealing and reenacting with amendments the following portions of the Code of the City of Annapolis, 2024 Edition:
7.52.030
7.52.040
7.52.060
7.52.070
7.52.080
7.52.090
7.52.110
7.52.120
7.52.120
7.52.130
7.52.150
7.52.170
7.52.190
12.04.020
12.20.100
12.20.110
12.20.115
SECTION I: BE IT ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that the Code of the City of Annapolis shall be amended to read as follows:
Title 7 - BUSINESS LICENSES, TAXES AND REGULATIONS
Chapter 7.52 - Towing Companies.
Section 7.52.030 - License-Required.
A person may not engage in towing disabled vehicles from the scene of a motor vehicle accident occurring within the City or an illegally parked or scofflaw vehicle without first having obtained a license from the City Clerk as provided in this chapter or during the suspension or revocation of a license. Nothing in this chapter, however, requires that a towing company called to the scene of an accident as the personal choice of a person involved in the accident be licensed, regardless of whether the towing company is located within or without the City, and this chapter does not apply to the towing of motor vehicles other than disabled, illegally parked and scofflaw vehicles as defined in this chapter. In addition, nothing in this chapter applies to the towing of disabled vehicles belonging to members of nationally recognized automotive associations.
A. Towing disabled, illegally parked, or scofflaw vehicles in the City of Annapolis is prohibited without a license or signed contract to be an agent of the City.
B. Licensed or contracted towing companies shall not tow vehicles while their license is suspended or if the license is revoked.
C. Towing company shall tow only disabled, illegally parked, and scofflaw vehicles as defined in this chapter.
D. Exceptions.
1. A person involved in an accident may use a towing company not licensed with the City.
2. A person who belongs to a nationally recognized automotive association may use the towing company provided by the association.
Section 7.52.040 - License-Application-Fees.
Applications for towing licenses shall be made on forms furnished by the City Clerk. If the application is approved, the applicant shall pay a license fee as established by resolution of the City Council covering the license for the then-current fiscal year and then shall pay, each year, a sum as established by resolution of the City Council for a renewal of the license. A certified copy of the license shall be carried in each towing vehicle when in use, and copies may be obtained from the City Clerk.
A. Applications for towing licenses shall be made on forms furnished by the City Clerk.
B. If the application is approved, the applicant shall pay an annual license fee as established by resolution of the City Council.
C. The license shall be renewed each year.
D. A certified copy of the license shall be carried in each towing vehicle when in use, and copies may be obtained from the City Clerk.
Section 7.52.060 - License-Investigation.
A. The City Clerk, after receipt of an application for a towing license, shall forward the application to the Chief of Police or the chief's designee for investigation and inspection of whether:
1. The applicant has adequate off-street storage facilities reasonably convenient to and within one mile of, the City limits;
2. The applicant has facilities to provide towing services when requested on a twenty-four24-hour basis;
3. The applicant's towing vehicles are in good mechanical condition, equipped with necessary towing gear and safety apparatus, and are registered as commercial hauling vehicles with the Motor Vehicle Administration.
B. The Chief of Police or the chief's designee promptly shall report the findings to the City Clerk. Thereafter, the City Council shall act upon the application.
C. The City Council may reject an application when it finds that the applicant is not qualified to perform the towing and storage services. The council shall provide an applicant written notice setting forth the grounds for the rejection of the application.
Section 7.52.070 - Bond.
Every person who is issued a towing license under the provisions of this chapter shall file with the City Clerk a bond in the amount of twenty-five thousand dollars$25,000 to save harmless the owner of any automobile for any property damage occurring to the automobile during the time it is in the possession of the towing company.
Section 7.52.080 - Rotation list.
A. The City Clerk shall furnish the Police Department current lists of all duly licensed towing operators. Whenever the services of a towing vehicle are required and a request is made to the Police Department for the providing of the services, the Police Department shall have dispatched to the place where the services are required, a vehicle operated by that towing operator whose license was first obtained, and then request subsequent towing vehicles as needed on a chronological and rotating basis. If a towing vehicle is not available, the next operator listed chronologically shall be called.
B. If a towing vehicle does not arrive at the scene of a collision, parking violation, scofflaw vehicle or accident within twenty minutes after the request is made, the officer at the scene shall notify the Police Department of that fact. If the Police Department reasonably is not satisfied that a towing vehicle will arrive at the scene within five minutes, it shall contact the next towing company as if the first towing company had not been contacted. Consideration shall be given, however, to abnormal traffic patterns that result from adverse weather conditions, emergencies or other causes.
A. Towing Requests.
1. The City Clerk shall furnish the Police Department and Department of Transportation director with current lists of all duly licensed towing operators.
2. If a towing vehicle is needed and a request is made to the Police Department or Department of Transportation for the service, the departments will dispatch a towing operator:
a. Licensed to operate in the City; or
b. Hired temporarily by the Transportation Director or their designee.
3. Subsequent towing vehicles requested will be dispatched chronologically and rotating as required.
B. Subsequent Requests.
1. The officer at the scene shall notify the Police Department and Department of Transportation if a towing vehicle fails to arrive within 20 minutes of the request.
2. If the Police Department and Department of Transportation determine the originally dispatched towing company cannot arrive within another five minutes, the department shall contact the next towing company on the department's list as if the original company had not been contacted.
3. Adverse weather conditions, emergencies, or other causes of abnormal traffic patterns may be considered.
Section 7.52.090 - Removal of vehicles.
Upon arriving at the scene, the towing operator immediately shall remove the vehicle to the operator's storage lot or other location and notify the Police Officer of the location of storage. In the event a vehicle promptly and efficiently cannot be removed from the scene, the towing operator may call the next closest licensee to assist in the removal. This section does not interfere with the right of any person to call a towing operator of the person's own choice to send a towing vehicle to the scene of an accident, whether or not the towing operator is licensed, provided the towing operator can dispatch a towing vehicle to the scene of the accident which can arrive within a twenty-minute time period. No person shall solicit in any way for towing business, or attempt to take any vehicle in tow unless summoned by the owner or operator of the vehicle or the Police Department.
A. Upon arriving at the scene, the towing operator shall immediately remove the vehicle to the operator's storage lot or another location, and notify the police officer of the storage location.
B. If a vehicle cannot be promptly and efficiently removed from the scene, the towing operator may call the next closest licensee to assist in the removal.
C. This section does not interfere with the right of any person to call a towing operator of their own choice to send a towing vehicle to the scene of an accident, whether or not the towing operator is licensed, provided that the towing operator can dispatch a towing vehicle to the scene of the accident within 20 minutes of being called.
D. No person shall solicit for towing business or attempt to take any vehicle in tow unless summoned by the owner or operator of the vehicle or the Police Department.
Section 7.52.110 - Fine or bond collection.
Licensed towing companies may collect any fines or bond by noting the amount collected by citation number on the receipt furnished to the claimant of the vehicle and subsequently returning the amount to the Police Department within forty-eight hours.
Section 7.52.120 - Standard towing and storage fees.
Every person engaged in towing vehicles, at the time of application for a license, shall file with the City Clerk a statement that the applicant will charge the standard towing and storage fees approved by the City Council for all licensees in connection with providing various kinds of towing service and storage of motor vehicles. The towing company shall charge fees only which have been approved by the council.
A. Individuals applying for a towing license shall submit a statement to the City Clerk.
1. The statement shall declare that the applicant will charge the standard towing and storage fees approved annually by the City Council.
2. This applies to all licensees providing towing services and storage for motor vehicles.
B. The towing company shall charge only fees approved by the City Council.
Section 7.52.130 - Signs in tow trucks.
On each side of every towing vehicle there shall be inscribed legibly the name and address of the owner of the vehicle. Letters and numerals required by this section shall not be less than four inches in height.
A. The name and address of the owner of the towing vehicle shall be inscribed legibly on each side of the vehicle.
B. Letters and numerals required by this section shall not be less than four inches in height.
Section 7.52.150 - Bail activities prohibited.
A person towing disabled vehicles may not offer to secure or provide bail, or 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, except that this section does not apply to bona fide automobile clubs, associations or insurance companies.
A. Persons towing disabled vehicles shall not offer to provide bail or enter into any agreement, oral or written, to arrange bail for anybody involved in a motor vehicle collision or accident.
B. This subsection does not apply to drivers who arrange towing through legitimate automobile clubs, associations, or insurance companies.
Section 7.52.170 Residency requiredTowing Company Location.
No person is eligible for a City towing license unless the person has the person's place of business and storage facility connected with the business located reasonably convenient to, and within one mile of, the City.
Section 7.52.190 - Towing company violation.
A person who violates this chapter is guilty of a misdemeanor and subject to a fine as established by resolution of the City Council, recoverable with costs. In addition, the City Council may revoke or suspend the license of any person licensed to engage in the towing business who violates this chapter or any rules or regulations promulgated pursuant to this chapter or who fails to comply with any of the provisions and terms of any towing agreement executed pursuant to this chapter.
A. A person who violates this chapter is guilty of a misdemeanor and subject to a fine as established by annual resolution of the City Council, recoverable with costs.
B. The City Council may revoke or suspend the license of any person licensed to engage in the towing business who violates this chapter or any rules or regulations promulgated pursuant to this chapter or who fails to comply with any of the provisions and terms of any towing agreement executed pursuant to this chapter.
Title 12 - VEHICLES AND TRAFFIC
Chapter 12.04 - General Application Procedures and Fees
Section 12.04.020 - Definitions.
For the purposes of this title, the following words and phrases have the meanings respectively ascribed to them in this section:
A1. "Authorized agent" means the company or legal entity, and its employees, agents and contractors, that has been designated by the city in writing to perform any duties or responsibilities related to the operation of the parking program, including but not limited to, enforcement personnel, parking garage attendants, parking meter technicians, citation processing personnel, permit issuance, and administrative or management staff.
B2. "Authorized emergency vehicles" means vehicles of the Fire Department, police vehicles, and ambulances and emergency vehicles of municipal departments or public service corporations as are designated or authorized by the Chief of Police.
C3. "Crosswalk" means any portion of a roadway distinctly indicated for pedestrian crossing by lines or other marking on the surface or that portion of a roadway ordinarily included within the prolongation or connection of the lateral lines of sidewalks at intersections.
4. "Gross vehicle weight rating" (GVWR) means the value specified by the manufacturer as the recommended maximum loaded weight of a single vehicle.
D5. "Intersection" means the area embraced within the prolongation or connection of the lateral curblines or, if none, the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles, or the area within which vehicles traveling upon different highways joining at any other angle may come into conflict.
E6. "Motor vehicle" means a vehicle that is self-propelled.
F7. "Official traffic-control devices" means all signs, signals, markings and devices, not inconsistent with this title, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
G8. "Official traffic-control signal" means any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and to proceed.
H9. "Parking" means the standing of a vehicle, whether occupied or not, upon a roadway, other than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to traffic regulations or traffic signs or signals.
I10. "Parking meter" means any device, machine, technology or process responsible for regulating parking by accepting legal currency, credit cards, debit cards, smart cards, tokens or any other approved payment methods to pay for parking.
J11. "Pedestrian" means any person afoot.
K12. "Plug-in electric drive vehicle charging space" means a parking space that provides access to charging equipment that transfers electrical energy to a plug-in electric drive vehicle.
L13. "Private road or driveway" means every way or place in private ownership and used for vehicular travel by the owner and those having express or implied permission from the owner but not by other persons.
M14. "Right-of-way" means the privilege of the immediate use of the street.
N15. "Roadway" means the portion of a street between the regularly established curblines or that portion improved and intended to be used for vehicular travel.
O16. "Safety zone" means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.
P17. "Sidewalk" means that portion of a street between the curblines, or the lateral lines, of a roadway, and the adjacent property intended for the use of pedestrians.
Q18. "Street or highways": The terms "street," "highway," "roads," "public highway" or "public roads" include any highway or thoroughfare of any kind used by the public, whether or not actually dedicated to the public and accepted by the proper authorities.
R19. "Traffic" means pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using streets for purposes of travel.
20. "Trailer" shall include trailers, boat trailers, camping trailers, fifth wheel trailers, pole trailers, semitrailers, travel trailers and home trailers as those terms are defined in the Transportation Article of the Maryland Code.
S21. "Truck" means a pole trailer, semitrailer, special mobile equipment, trailer, truck or truck tractor, as those terms are defined in the Transportation Article of the Annotated Code of Maryland, as may be amended, whether or not attached to or detached from another vehicle.
T22. "Vehicle" means every device in, upon or by which any person or property is or may be transported or drawn upon a public street.
Title 12 - VEHICLES AND TRAFFIC
Chapter 12.20 - Stopping, Standing and Parking
Section 12.20.100 - Motor vehicle weight limits in residential district zones.
A. It is unlawful and a misdemeanor for the driver of any truck whose carrying capacity exceeds three-quarters of a ton to park such truck on any street at the curb adjoining a residential district zone, as shown on the zoning map of the City. This section shall not apply to:
1. Such a vehicle while engaged in loading, unloading or servicing; and
2. Trucks whose carrying capacity exceeds three-quarters of a ton, however, is no more than eighty inches in width, including all protrusions except side mirrors and fender flares, and does not exceed two hundred forty-six inches in length from bumper to bumper.
A. Weight and Size Limit. It is illegal and a misdemeanor for drivers of vehicles to park their vehicle on any street in or surrounding a residential zoning district if they meet the following criteria:
1. The Gross Vehicle Weight Rated (GVWR) number of the vehicle exceeds 16,000 pounds; or
2. The vehicle is more than 80 inches wide, including all protrusions except side mirrors and fender flares, or 276 inches (23 feet) in length bumper-to-bumper.
B. Exceptions. Exemptions to the requirements in this chapter may be obtained for a specified length of time and subject to conditions, requirements, and fees from the following:
1. Department of Public Works for permits to block any portion of a city street; and
2. Department of Transportation for reserved parking spaces.
C. Fines. Any person violating this section, upon conviction, is subject to a fine as established by resolution of the City Council.
Title 12 - VEHICLES AND TRAFFIC
Chapter 12.20 - Stopping, Standing and Parking
Section 12.20.110 - Parking trailers.
A. For purposes of this section, the term "trailer" shall include trailers, boat trailers, camping trailers, fifth wheel trailers, pole trailers, semitrailers, travel trailers and home trailers as those terms are defined in the Annotated Code of Maryland, Transportation Article, (1982 Repl. Vol.) or its successor.
B. It is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked while attached to a motor vehicle, upon any public street, lane or alley within the City, for more than forty-eight consecutive hours and ten days total within a calendar year.
C. It is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked, while detached from a motor vehicle, upon any public street, lane or alley within the City, except in the event of an emergency.
D. No trailer or trailer-type vehicle detached from a motor vehicle shall be parked on any municipal parking lot, nor shall any attached trailer-type vehicle be parked on any municipal parking lot when the combined length of the towing vehicle and trailer attached exceeds nineteen feet.
E. The Chief of Police, or his or her authorized representative, may grant exemptions from subsection C above, in nonresidential-zoned areas only with respect to a specific trailer or trailer-type vehicle to be located at a specified location for a specified length of time, subject to such conditions, requirements and fees as the Chief of Police or his or her representative may designate.
F. Boat Trailers at Launching Facilities.
1. Except as provided below, it is unlawful and a misdemeanor for a boat trailer, whether or not it is attached to a motor vehicle, to be parked upon a public street, lane or alley in the area bounded by Rowe Boulevard, Weems Creek, Severn River, the municipal border with the United States Naval Academy, to its intersection at Taylor Avenue and Annapolis Street, and Taylor Avenue. An exception shall be granted to any resident of the City of Annapolis to park a boat trailer within the area delineated above, if said trailer is attached to a motor vehicle and bears a boat trailer permit issued by the City of Annapolis.
2. The Director of Recreation and Parks, or his or her authorized representative, shall issue to any City resident, a boat trailer permit upon proof of residency, and ownership and registration of boat and trailer. Acceptable proofs of residency include a Maryland State Identification Card or Driver's License, along with one or more of the following:
(a) Voter registration card;
(b) Water bill, tax bill;
(c) City residential parking permit; or
(d) Lease agreement for a City property.
3. The permit fee shall be established by resolution of the City Council, payable at the time of the submission of the application for the permit. The permit year shall commence on January 1st and terminate on December 31st. The fee shall not be prorated and no portion of any fee shall be refundable. Further, the fee may be waived for any City resident submitting proof of age above sixty years.
G. Notwithstanding any other provision of this section to the contrary, it is unlawful and a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to cause the same to be parked in a manner that interferes with or hinders the operation of any authorized emergency vehicle.
H. A trailer or trailer-type vehicle parked in violation of this section is subject to towing pursuant to Section 12.20.210 and a person violating this section, including any violation of the boat permit provisions hereof, upon conviction, is subject to a fine as established by resolution of the City Council.
A. Trailer Parking.
1. On Streets.
a. It is illegal and considered a misdemeanor for the owner or driver of a trailer or trailer-type vehicle to park it on any public street, lane, or alley within the City, except as otherwise allowed in this Chapter.
b. This subsection applies whether or not the trailer vehicle is attached or detached from the towing vehicle.
2. On Municipal Lots. The following are prohibited on municipal parking lots:
a. Trailer or trailer-type vehicle detached from a motor vehicle; and
b. Any attached trailer-type vehicle when the combined length of the towing vehicle and trailer attached exceeds 19 feet.
B. Boat Trailers at Launching Facilities.
1. Permit Required. Boat trailer owners must have a valid permit issued by the City of Annapolis to park at public launching facilities.
2. Additional Parking Allowed.
a. Boat trailers with permits may park in the following areas:
i. A public street, lane or alley in the area bounded by Rowe Boulevard, Weems Creek, and Severn River:
ii. The City border along the U.S. Naval Academy, to the intersection at Taylor Avenue and Annapolis Street, and Taylor Avenue.
b. It is illegal and considered a misdemeanor offense to park a boat trailer in these areas without the required permit.
2. Obtaining a Permit.
a. The Harbormaster, or their authorized representative, shall issue to any City resident, a boat trailer permit upon proof of residency, and ownership and registration of boat and trailer.
b. Acceptable proofs of residency include a Maryland state identification card or driver's license, along with one or more of the following:
i. voter registration card;
ii. water bill;
iii. tax bill;
iv. City residential parking permit; or
v. lease agreement for a City property.
3. Boat Trailer Fee.
a. The permit fee shall be established by annual resolution of the City Council
b. The fee shall be paid when the permit application is submitted.
c. The permit year shall start on January 1st and end on December 31st.
d. The fee shall not be prorated, and no portion of any fee shall be refundable.
e. The fee may be waived for any City resident over age 60 if proof of their age is submitted with the application.
C. Exceptions. Exemptions to the requirements in this chapter may be obtained for a specified length of time and subject to conditions, requirements, and fees from the following:
1. Department of Public Works for street blocking permits; and
2. Department of Transportation for reserved parking spaces and trailer parking in nonresidential-zoned areas.
D. Emergency Vehicles. It is illegal and considered a misdemeanor for the driver or owner of any trailer or trailer-type vehicle to park in a way that obstructs or hinders the operation of any authorized emergency vehicle.
E. Fines and Penalties.
1. Fines. A person found to have violated this section is subject to a fine as established by annual resolution of the City Council.
2. Towing. A trailer or trailer-type vehicle parked in violation of this section is subject to towing pursuant to § 12.20.210.
Section 12.20.115 - Parking motor homes.
A. For the purpose of this section, the term "motor home" means a motor vehicle that is designed and constructed primarily to provide living quarters for recreational, camping, or travel use as the term is defined in the transportation article of the Annotated Code of MarylandTransportation Article of the Maryland Code.
B. It is unlawful and a misdemeanor for the driver or owner of a motor home wider than eighty80 inches in width, including all protrusions except side mirrors and fender flares, or that exceeds two hundred forty-six246 inches in length from bumper to bumper, to cause the same to be parked upon any public street, lane or alley within the City of Annapolis for more than 48 consecutive hours and ten days total within a calendar year.
C. Any person violating this section, upon conviction, is subject to a fine as established by resolution of the City Council.
SECTION II: AND BE IT FURTHER ESTABLISHED AND ORDAINED BY THE ANNAPOLIS CITY COUNCIL that this ordinance shall take effect upon passage.