Maryland Private Parking Enforcement Laws: Towing Notice, Sign Size, and Fees

Summary

Maryland regulates towing from private parking lots through Transportation Article §21-10A-01 and the sections that follow. Before a tow, the statute requires signs at least 24 inches high and 30 inches wide that name the tow company, the storage location, and the maximum charge. It requires the tower to have the lot owner's authorization with photographic evidence of the violation, to notify police within an hour, and to wait 72 hours after a notice before towing for registration alone. Fees are tied to local impound rates, with a $250 tow and $30 per day storage fallback. State law says nothing about private citations or private booting, and §21-10A-01 lets counties adopt stricter rules.

For other states, see the private parking enforcement laws by state hub.

Private parking citations and invoices

Maryland's private towing subtitle is about towing and removal, and we found no Maryland statute that authorizes or prohibits a private operator from leaving a payment notice on a car. That puts Maryland in the same position as most states: a private parking notice is a civil claim that rests on the posted terms, not a government citation. We walk through that theory in can private companies issue parking tickets.

Because it is not a government citation, a private notice has no state or county authority behind it and carries no license or registration consequences. Unpaid notices are typically followed up with reminders, collections, or a civil claim in court. Towing is the tool the state statute actually regulates, which is why the rules below get most of the attention.

One scope point matters for both. The subtitle applies to a "parking lot," defined in §21-10A-01 as a privately owned facility with three or more spaces that is open to the public and meant mainly for the owner's customers, residents, tenants, or guests. That covers most retail centers, apartment lots, and office parks.

What signs must say

Under §21-10A-02, a lot owner, operator, or agent may not have a vehicle towed unless signs are posted in conspicuous locations that:

• are at least 24 inches high and 30 inches wide;
• are clearly visible to a driver entering or parking in the lot;
• state where the vehicle will be towed and the name of the towing company;
• state that State law requires the vehicle to be available for reclaiming at least from 6 a.m. to midnight, 7 days a week;
• state the maximum amount the owner may be charged for the tow; and
• give the phone number of a person who can arrange for the owner to reclaim the vehicle.

The statute sets placement by area: at least one sign for every 7,500 square feet of parking. A regional mall (at least 400,000 square feet of leasable space, not counting anchors, and two anchor stores) instead needs a sign at every entrance. Because the statute requires the sign to state the maximum charge and the tow company, a change in either one changes what the sign has to say. Our parking lot signage guide covers visibility and maintenance in general terms.

Towing from private property

Section 21-10A-04 puts most duties on the tower, but several start with the lot owner. Before any tow, the statute requires the tower to have the lot owner's authorization, and that authorization must include the name of the person authorizing it, a statement that the tow is at the lot owner's request, and photographic evidence of the violation or event that led to the tow. The statute lists the photo as a condition of the tow.

The statute also requires the tower to:

• notify the local police within 1 hour of the tow, with the plate, VIN, time, reason, and both locations;
• notify the owner, insurer, and any lienholder by certified and first-class mail within 7 days (electronic notice through the MVA is allowed in some cases);
• carry commercial liability insurance at federal interstate levels;
• not pay "spotters" whose main job is reporting unauthorized cars for towing; and
• not pay the lot owner, agent, or employees anything for tows.

Registration violations get a waiting period. A tower may not tow a vehicle solely for failing to display valid current registration until 72 hours after a notice of violation is placed on it. Distance is limited too: §21-10A-03 bars taking a towed car more than 15 miles from the lot or out of the state, unless a local government sets a different distance.

After the tow, §21-10A-05 requires the car to go straight to the storage facility named on the sign, stay there at least 72 hours, and be available for the owner to reclaim from 6 a.m. to midnight every day. The statute requires the facility to take cash or at least two major credit cards and to let the owner inspect the car and retrieve personal property.

Booting

The state subtitle covers towing and removal only, and we did not find a Maryland statute that authorizes or regulates booting on private lots. That leaves booting to the counties. Montgomery County is explicit: Bill 17-15, enacted in 2015 and effective November 30, 2015, amended Chapter 30C of the county code so that a person "must not immobilize a motor vehicle owned by another person on private property, without the consent of the vehicle owner." Other county and city codes may have their own booting provisions. Our comparison of booting and towing covers how the two tools differ.

Fees, caps, and driver remedies

Unless local law sets the fee, §21-10A-04 caps what a private lot tower can charge the owner, insurer, or lienholder at:

• twice the total fees the county or city charges or authorizes for public safety impound towing;
• the local daily storage rate for impounded vehicles;
• $250 for towing and $30 per day for storage, if the locality sets no public safety limit; plus
• the actual cost of required notices, which cannot be charged if the car is picked up within 48 hours.

If the driver arrives before the car leaves the lot and it can be driven, §21-10A-05 requires the tower to release it for a drop fee of no more than 50 percent of a full tow, whether or not the car is already lifted.

The penalties run against the tower. Under §21-10A-06, anyone who tows in violation of the subtitle is liable for actual damages and for three times what the owner paid to get the car back. A criminal conviction under §21-10A-07 carries up to two months in jail, a fine up to $500, or both. The statute's remedy for drivers is a lawsuit; it does not set up a separate tow hearing.

Local ordinances to check

Section 21-10A-01(b)(2) expressly lets local governments license towers and regulate parking, towing, and impounding more strictly than the state, so the county rules often decide the details. Montgomery County's Chapter 30C, as amended by Bill 17-15, is the clearest example. As enacted, it requires signs at least 24 by 30 inches posted at least 24 hours before towing, one per parking area and entrance or one per 45 spaces in larger lots, stating the maximum charge and that towed cars must be available 24 hours a day, seven days a week. It allows tows without the property owner's express authorization only between 2 a.m. and 9 a.m. or when a car blocks a fire lane or access, and requires a photo of the violation kept for a year with a copy to the vehicle owner. Violations are Class A, with fines up to $500 for a first offense and $1,000 after.

Those figures come from the 2015 bill as signed, and we could not confirm whether the current Chapter 30C text or the county's maximum tow rates have changed since. Prince George's County, Baltimore County, Baltimore City, and every other jurisdiction have the same power under §21-10A-01(b)(2) to adopt stricter local rules.

Questions to raise with your attorney

Maryland's towing rules sit in §21-10A, with county codes layered on top. An attorney licensed in Maryland can work through questions like these for a specific lot:

• Do our signs meet §21-10A-02's size and content rules and its placement rule of one sign per 7,500 square feet, or one at every entrance for a regional mall?
• How do we keep our signs current with §21-10A-02 when our tow company, storage lot, or maximum charge changes?
• Does our tow authorization include the name, statement, and photographic evidence §21-10A-04 lists, and how does the 72-hour notice rule for registration-only violations fit our process?
• What does the county code where each lot sits, such as Montgomery County's Chapter 30C, add on signs, timing, authorization, or booting, and what is its current text?
• How should our private payment notices be worded so they are not read as a state or county citation?

Our officer training checklist describes a photo standard some operators use for both notices and tow requests.

Lotably attaches photos to every citation and keeps the record in an audit log. Booting and towing records start switched off in Lotably and are turned on when the operator asks. Lotably does not check whether booting or towing is allowed where an operator enforces; the operator is responsible for following the law and assumes all risk of using them. See the features page for the rest of the workflow.