[Ord. 755-2009, 5/20/2009, § 1]
1.
Once every three years the Township shall publicly advertise for bids for towing service within the Township. Such advertising shall be done in accordance with Township procedures and applicable law. The Township shall then examine the qualifications in accordance with the factors set forth in Subsections 2 and 3, below, and choose two contractors to be the designated Township towing service providers based upon their ability to meet and/or fulfill the factors listed therein.
2.
No contractor may be designated to be one of the Township towing
services who does not meet the following criteria:
A.
The contractor must be a licensed salvor as defined in § 102
of the Vehicle Code, 75 Pa.C.S.A. § 102.
B.
The contractor must procure, on or before the date of entering into the contract, the bonds and insurance required by § 15-1306 and maintain the same during the life of the contract.
C.
The contractor must procure, on or before the date of entering into
the contract, the necessary licenses and permits from the Township
to carry on business inside the Township, and, if the contractor's
principal place of business is outside the Township, the contractor
must also procure the necessary licenses and permits from the municipality
where it is located on or before the date of entering into the contract
and maintain all licenses and permits during the life of the contract.
D.
The contractor must be able capable of performing the work without
subcontracting any part thereof.
E.
The contractor must have a secured area available for police to fingerprint
towed vehicles.
3.
All bids received shall be examined with respect to:
A.
Location of storage facilities, both long-term and short-term (less
than 30 days), with preference accorded to those contractors whose
storage facility is within the Township or, if none, those closest
to the Township limits.
B.
Location of vehicle dispatch and night office, with preference accorded
to those contractors whose vehicles are normally and customarily located
at an office maintained within the corporate limits of the Township
or, if none, closest to the Township. For the purposes of this section,
a contractor may buy or lease property within the Township or close
to the Township but may not subcontract work.
C.
Normal operating hours police for the purpose of having twenty-four-hour
towing service and allowing persons the greatest possible opportunities
to retrieve their vehicles, especially outside the normal working
hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.
D.
Objectively demonstrable past towing experience of the contractor
with the Township, other municipalities and other citizens, both in
terms of quantity and quality of service.
E.
Criminal history, if any, bearing upon the contractor's ability
to perform under the contract.
4.
The contract between the Township and the contractor entered into
pursuant to this section, may be terminated by the Township for any
of the following reasons:
A.
Failure of the contractor to maintain a salvor's license.
B.
Failure of the contractor to maintain the required bonds and insurance.
C.
Failure of the contractor to maintain any required licenses and permits.
D.
A guilty determination or guilty plea entered by or in any court
of competent jurisdiction relating to violations of the Vehicle Code,
75 Pa.C.S.A. § 101 et seq.
E.
Failure of the contractor on more than one occasion in any six-month
period to respond promptly to Township calls for service. Recognizing
the importance of keeping the streets safe and passable, promptness
will be defined with reference to, the response time of previous contractors
and/or the same contractor on previous occasions.
F.
The failure of the contractor to adequately clean the street at an
accident site after removing a vehicle; provided, however, that the
contractor shall not be required to remove hazardous or dangerous
materials.
G.
Failure of the contractor to meet any and all conditions of the contract
as mutually agreed upon with the Township including, but not limited
to, events of default as those may from time to time be mutually defined
and agreed upon in the contract between Township and the contractor.
[Ord. 755-2009, 5/20/2009, § 2]
1.
Upon the written request of the police, a salvor may take possession,
and tow to his storage facilities, any motor vehicle found abandoned
within the meaning of § 102 of the Vehicle Code, 75 Pa.C.S.A.
§ 102. The written request of the Police Department shall
contain a statement whether such motor vehicle is valuable only as
junk.
2.
The police may remove or cause to be removed, and subsequently cause
to be impounded, any motor vehicle parked on any street, highway,
alley and right-of-way, public property or private property in violation
of any Township ordinance or the Vehicle Code, 75 Pa.C.S.A. § 101
et seq.
3.
The police may remove or cause to be removed through a salvor, and
subsequently cause to be impounded, any motor vehicle which is:
A.
Obstructing traffic.
B.
Parked on private property without the permission of the owner thereof,
except commercial property which must be posted.
C.
Reportedly stolen.
D.
Parked in such a manner as to impede the use of fire-fighting equipment,
snow removal equipment or other emergency equipment.
E.
Parked in violation of Township ordinance.
F.
Parked in violation of any provision of the Vehicle Code, 75 Pa.C.S.A.
§ 101 et seq., for over one hour.
[Ord. 755-2009, 5/20/2009, § 3]
In the case of motor vehicles abandoned upon private property
and motor vehicles whose title certificate is faulty, lost or destroyed,
the person, firm, corporation or unit of government upon whose property
or in whose possession the abandoned motor vehicle was found or the
owner of such vehicle with faulty title or certificate may apply to
the Police Department for authority to transfer the motor vehicle
to a salvor. The application shall set forth the name and address
of the applicant, the year, make, model, manufacturer's serial
number and registration number of the motor vehicle, if ascertainable,
together with any other identifying features and shall contain a concise
statement of the facts surrounding the abandonment or that the title
of the motor vehicle is lost or destroyed, or the reasons for the
defect of title in the owner. The applicant shall execute an affidavit
stating that the facts alleged therein are true and correct and that
no material facts have been withheld.
[Ord. 755-2009, 5/20/2009, § 4]
1.
All motor vehicles which are removed and impounded in accordance with the provisions of § 15-1302 shall be stored in approved storage garages designated by the Board of Commissioners or Chief of Police. In order to qualify as an approved storage, any person, partner or corporation shall maintain an adequate storage facility where abandoned motor vehicles can be stored for the period required by the Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
2.
The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of § 3351(b) of the Vehicle Code, 75 Pa.C.S.A. § 3351(b), may remove or have the vehicle removed at the cost and expense of the owner of the vehicle. Such person who removes said vehicle shall be entitled to receive the applicable fee set forth in § 15-1307 and shall have a lien against the owner of the vehicle for such costs.
3.
No vehicle shall be removed under the authority of this Part if, at the time of such intended removal, the owner or person for the time being in charge of such motor vehicle is present, expresses a willingness and intention to immediately remove such motor vehicle, is physically capable of immediately removing such vehicle, and pays the charge specified in § 15-1307.
[Ord. 755-2009, 5/20/2009, § 5]
1.
Notice of the fact that a motor vehicle has been impounded as an
abandoned vehicle shall in accordance with the provisions of the Vehicle
Code, 75 Pa.C.S.A. § 101 et seq.
2.
Within 12 hours[1] from the time of removal of a motor vehicle in accordance
with the provisions of this Part, except in the case of an abandoned
motor vehicle, notice of the fact that such motor vehicle has been
removed and/or impounded shall be sent by the Police Department to
the owner of record of such motor vehicle, designating the place from
which said vehicle was removed, the reason for its removal and/or
impounding, and the name and address of the garage in which it has
been impounded or the location of the place to which it has been removed.
[1]
Except after hours, weekends, and holidays when notice shall
be sent as soon as possible.
[Ord. 755-2009, 5/20/2009, § 6]
1.
Before a salvor shall be eligible to receive any motor vehicles deemed
to be abandoned, such salvor shall furnish a bond as required by § 7302
of the Vehicle Code, 75 Pa.C.S.A. § 7302. A salvor or operator
of an approved storage garage, before being eligible to receive any
motor vehicles other than those deemed to be abandoned as aforesaid,
shall execute a surety bond in favor of the Township in an adequate
amount for the indemnifying of the owner of such impounded vehicle
against the loss thereof or injury or damage thereto while in custody
of such salvor. The amount of said bond shall be fixed by a resolution
of the Board of Commissioners of the Township. All bonds required
to be procured pursuant to the provisions of this Part shall be submitted
to the Solicitor of the Township for approval.
2.
Each salvor or operator of an approved storage garage shall procure
insurance of the following types and amounts covering the activities
conducted in accordance with the provisions of this Part, which amounts
may be subsequently changed by resolutions of the Board of Commissioners:
3.
Any public liability policy shall name East Pennsboro Township as
an additional insured. Fire, explosion and extended coverage policies
shall name the Township as an additional insured for motor vehicles
in the salvor's custody. All policies shall carry an endorsement
stating that no policy may be cancelled without 10 days' prior
written notice to the Township.
[Ord. 755-2009, 5/20/2009, § 7]
1.
Any party having the right to reclaim an abandoned vehicle shall
first pay the following amounts, which may be subsequently changed
by resolutions of the Board of Commissioners:
2.
Any party having the right to reclaim a vehicle other than those
which are deemed to be abandoned shall first pay the salvor the following
amounts, which may subsequently be changed by resolution of the Board
of Commissioners:
A.
Not to exceed $125 for expenses incurred in routine removing and
towing any vehicle from any place in the Township to an approved storage
garage and/or facility. "Towing" shall mean all procedures including,
but not limited to, securing the vehicle, unlocking the doors, unhooking
the transmission to facilitate towing, and the reconnecting of any
parts of the car that had to be disconnected to facilitate towing.
B.
Not to exceed $285 if a vehicle is in an accident and the vehicle
is incapable of being towed in a normal fashion.
C.
Not to exceed $125 for expenses incurred in removing and towing away
a vehicle from any place in the Township to an approved storage garage
if such towing and removal occurs during a state of emergency declared
by the Board of Commissioners.
D.
Not to exceed $45 for each day or any part thereof during which towed
a vehicle is stored.
[Ord. 755-2009, 5/20/2009, § 8]
1.
In the event that unauthorized fees for towing and storage are charged
by a salvor, the owner of the vehicle shall have the right to bring
a civil action against the salvor before a magisterial district judge
or a court of record having jurisdiction over such matter.
2.
If, following the hearing held pursuant to such civil action described in Subsection 1 hereof, a magisterial district judge determines that a payment made was, in fact, unauthorized or in excess of the prescribed legal amount, the complainant shall be awarded monetary damages triple the amount of the original payment.
[Ord. 755-2009, 5/20/2009, § 9]
1.
Where a motor vehicle is removed pursuant to the provisions of § 15-1302, Subsection 2 or 3, and charges for towing and/or storage of the motor vehicle accrue and are unpaid, a lien on the motor vehicle is hereby given to the salvor and/or the operator of the approved storage garage in which the motor vehicle is stored for the amount of any charges which accrue in accordance with the provisions of this Part. The salvor and the operator of the approved storage facility may retain possession of the motor vehicle until the charges are fully paid and may enforce any such lien by selling the motor vehicle in accordance with the procedure set forth for the enforcement of a Warehouseman's Lien in § 7-210 of the Uniform Commercial Code, Act of November 1, 1979, P.L. 255, 13 Pa.C.S.A. § 7210). In any event, the owner of the motor vehicle shall be personally liable for the payment of any charges.
2.
Any party having the right to reclaim an abandoned vehicle or a vehicle
other that those which are deemed to be abandoned may pay in cash,
personal check drawn on a local bank, or, where appropriate, by credit
card; provided, however, that any party tendering a check which is
subsequently returned for insufficient funds or because a stop payment
order was requested by the payor shall be liable to the salvor for
an amount equal to three times the original amount charged, except
that a party shall have four business days from the date of the check
to cure a check returned for insufficient funds or before an amount
equal to three times the original amount is charged.
[Ord. 755-2009, 5/20/2009, § 10]
The payment of any towing and storage charges authorized by
this Part shall, unless such payment shall have been made "under protest,"
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid.
[Ord. 755-2009, 5/20/2009, § 11]
In the event that the towing and storage charges are paid "under
protest," the offender shall be entitled to a hearing before a magisterial
district judge or a court of record having jurisdiction, in which
case said offender shall be proceeded against and receive such notice
as is provided by the Vehicle Code, 75 Pa.C.S.A. § 101 et
seq., in other cases of summary offenses and shall have the same rights
as to appeal and waiver of hearing.
[Ord. 755-2009, 5/20/2009, § 12]
1.
The Police Department shall keep a record of all vehicles impounded
and shall be able at all reasonable times to furnish the owners or
agents of the owners thereof or lien holders thereon with information
as to the place of storage of such vehicles.
2.
The police shall prepare for presentation to the Commonwealth Secretary
of Revenue an application for reimbursement of $10 from the Commonwealth
of Pennsylvania for each $15 expenditure for removal and towing of
abandoned motor vehicles.
