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Session Laws, 1989
Volume 771, Page 2995   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 462

(5)  SHALL OBTAIN A SURETY BOND IN THE AMOUNT OF
$50,000 $20,000 TO GUARANTEE PAYMENT OF ANY LIABILITY INCURRED
UNDER THIS SUBTITLE;

(6)  MAY NOT EMPLOY INDIVIDUALS, COMMONLY REFERRED TO
AS "SPOTTERS", WHOSE PRIMARY TASK IS TO REPORT THE PRESENCE OF
UNAUTHORIZED PARKED VEHICLES FOR THE PURPOSES OF TOWING OR
REMOVAL, AND IMPOUNDING; AND

(7)  MAY NOT PAY ANY REMUNERATION TO THE OWNER OF THE
PARKING LOT.

21-10A-06. 21-10A-05.

IF A VEHICLE IS TOWED OR OTHERWISE REMOVED FROM A PARKING
LOT UNDER § 21-10A-02 OF THIS SUBTITLE, THE PERSON IN POSSESSION
OF THE VEHICLE SHALL PROVIDE THE OWNER OF THE VEHICLE OR THE
OWNER'S AGENT CONTINUOUS OPPORTUNITY TO RETAKE POSSESSION OF THE
VEHICLE WITHIN 24 HOURS FROM THE TIME THE VEHICLE WAS REMOVED
FROM THE PARKING LOT:

(1)  IMMEDIATELY DELIVER THE VEHICLE DIRECTLY TO A
STORAGE FACILITY CUSTOMARILY USED BY THE PERSON UNDERTAKING THE
TOWING OR REMOVAL OF THE VEHICLE; AND

(2)  PROVIDE THE OWNER OF THE VEHICLE OR THE OWNER'S
AGENT IMMEDIATE AND CONTINUOUS OPPORTUNITY, FROM THE TIME THE
VEHICLE WAS RECEIVED AT THE STORAGE FACILITY, TO RETAKE
POSSESSION OF THE VEHICLE.

21-10A-07. 21-10A-06.

(A) THE CHIEF EXECUTIVE OF THE JURISDICTION WHERE THE
PARKING LOT FROM WHICH A VEHICLE IS TOWED UNDER THIS SUBTITLE IS
LOCATED SHALL:

(1) PROVIDE AN OPPORTUNITY FOR A PROMPT HEARING ON
REQUEST OF THE VEHICLE OWNER MADE WITHIN 24 HOURS OF THE TIME
THAT THE VEHICLE WAS TOWED; AND

(2) APPOINT A NEUTRAL INDIVIDUAL TO ACT AS A HEARING
OFFICER.

(B) A HEARING UNDER THIS SECTION SHALL BE LIMITED TO THE
ISSUE OF WHETHER THE VEHICLE WAS WRONGFULLY REMOVED FROM THE
PARKING LOT, AND THE BURDEN OF PROVING THAT THE VEHICLE WAS
WRONGFULLY REMOVED SHALL BE ON THE VEHICLE OWNER REQUESTING THE
HEARING.

(C) IF THE HEARING OFFICER DETERMINES THAT THE VEHICLE WAS
WRONGFULLY REMOVED FROM THE PARKING LOT:

(1) THE OWNER OF THE VEHICLE:

- 2995 -

 

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Session Laws, 1989
Volume 771, Page 2995   View pdf image
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