Township of Marple, PA Chapter 277 Towing

[HISTORY: Adopted by the Board of Commissioners of the Township of Marple 8-11-2003 by Ord. No. 2003-15.[1]; amended in its entirety 5-10-2021 by Ord. No. 2021-1. Subsequent amendments noted where applicable.]

[1] Editor's Note: This ordinance also superseded former Ch. 277, Towing, adopted 3-12-2001 by Ord. No. 2001-7.

§ 277-1 Purpose and intent.

The purpose and intent of this chapter is to regulate towing rates and towing services as permitted by 75 Pa.C.S.A. § 3353; to provide for proper licensing of towing services and notice to the Marple Township Police Department where vehicles are towed from public or private property without the consent of the owner or operator of the vehicle by a towing service operating on behalf of a private property owner, or a towing service operating on behalf of the lienholder or lessee of the vehicle; and to avoid erroneous reports of stolen vehicles being submitted to the Marple Township Police Department.

§ 277-1.1 Repossession activity.

Notwithstanding the provisions hereinabove, towing companies will be generally exempt from compliance with this chapter while they are engaged in repossession of vehicles on behalf of holders of liens on vehicles. However:

A. At least one hour prior to beginning the repossession of a vehicle, the towing company must notify the Marple Township Police Department of its intention to repossess the vehicle; give the Marple Township Police Department the name of the vehicle owner and the address at which the vehicle repossession is going to take place. Furthermore, the towing company shall present to the Police Department proof of its right to repossess the vehicle.

B. When not engaged in repossession activity, towing companies must comply with this chapter. The mere fact that a towing company performs repossession services from time to time in the Township does not provide the said towing company with a blanket exemption from this chapter.

§ 277-2 Towing costs and hooking fees for vehicles weighing less than 10,000 pounds.

A. The cost of towing passenger cars, and other vehicles weighing less than 10,000 pounds, hooked, and removed from the premises shall not be in excess of $150 for each crane tow, wheel lift, flatbed tow, or any other type of tow.

B. In all instances when a vehicle is hooked and the owner/operator returns prior to the vehicle being removed, tow operators shall charge no more than a hooking fee of $75 and shall release the vehicle to the owner/operator immediately upon receipt of the fee. If the owner/operator is unable or unwilling to pay the hooking fee, the tow operator has the option of towing the vehicle to an impound facility or releasing the vehicle to the owner/operator and issuing a written bill at the scene.

C. The standard cleanup fee is $25; if excessive cleanup is needed, a flat fee of $45 will be charged.

D. A $25 administrative fee will be charged on all tows. The administrative fees are associated with post-accident services, including but not limited to services such as excessive communications with vehicle owners, insurance companies; claim adjusters; the completion of required paperwork for processing unclaimed vehicles and time required for owners and insurance adjusters to examine or remove personal items from vehicle. The administrative fee shall be collected prior to release of the vehicles.

E. Police administration fee. Prior to release of the vehicle, the impound yard shall collect an administrative fee of $25. This payment shall be made to the Township for each vehicle towed during the tower's duty period. Records of such payment will be included in a monthly report provided to the Police Department.

F. Review of all fines, towing, storage, and administrative fees. All fines, towing, storage, and administrative fees may be amended from time to time by separate resolution of the Board of Commissioners.

§ 277-3 Storage costs of passenger cars weighing less than 10,000 pounds.

A. The storage costs for any impounded passenger vehicle shall not be in excess of $50 per twenty-four-hour period, which twenty-four-hour period commences at the time the vehicle is actually placed into the storage facility.

B. There will be no storage costs if the towed vehicle is retrieved on the same business day between the hours of 8:00 a.m. and 5:00 p.m.

C. Towing company must provide secure, well-lighted, and maintained facilities which at all times promote the safety and protection of towed and impounded vehicles and owners thereof who visit such facility.

D. Between the hours of 8:00 a.m. and 11:00 p.m., seven days per week, the towing company must have personnel available, at least once every hour, to return the towed or impounded vehicle to its owner or to allow the owner an opportunity to remove personal belongings such as medicine, cell phones, laptop computers, purses, perishable goods, etc. from the towed/impounded vehicle.

§ 277-4 Towing cost for vehicles weighing more than 10,000 pounds.

A. The cost of towing vehicles that weigh more than 10,000 pounds shall not be in excess of $250 per hour.

B. In all instances when a vehicle weighing more than 10,000 pounds is hooked and the owner/operator returns prior to the vehicle being removed, tow operators shall release the vehicle to the owner/operator immediately upon receipt of fee of $100.

C. The fee for the recovery of additional labor costs associated with the removal of oil and vehicle fluids and specialty tow services for overturned vehicles and winching services shall not exceed $100 per hour of labor.

D. Administrative fees are associated with post-accident services, including but not limited to services such as excessive communications with vehicle owners, insurance companies, claim adjusters, the completion of required paperwork for processing unclaimed vehicles and time required for owners and insurance adjusters to examine or remove personal items from vehicle. The administrative fee of $25 shall be collected prior to release of the vehicles.

E. Police administration fee. Prior to release of the vehicle, the impound yard shall collect an administrative fee of $25. This payment shall be made to the Township for each vehicle towed during the tower's duty period. Records of such payment will be included in a monthly report provided to the Police Department.

§ 277-5 Storage cost of vehicles other than passenger cars.

The cost of storage of any impounded vehicle other than a passenger car shall not be in excess of $75 per twenty-four-hour period, which twenty-four-hour period commences at the time the vehicle is actually placed into the storage facility.

§ 277-6 Towing unattended vehicles from public or private property.

The following regulations shall apply to the towing of any vehicle parked or left unattended on public or private property without the consent of the property owner, including, but not limited to, repossessors of vehicles on behalf of lienholders or lessors of vehicles:

A. No towing service shall remove any vehicle that is parked or left unattended on private property unless the private property owner or lessee consents in writing to such removal. In addition, any towing service shall first secure a license from the Township of Marple prior to doing any towing from any public or private property located in Marple Township. A license shall be issued for a fee of $150 per calendar year and shall be issued by the Marple Township Police Department upon completion of a Department application containing, at a minimum, the following information:

(1) The name, address, business telephone number, and cell phone number of the towing service.

(2) The name, business address and telephone number of all persons or entities having an ownership interest in the towing service.

(3) The name, address, and telephone number of all persons from whose property in Marple Township the towing service is authorized to remove vehicles.

(4) The name, address, and telephone number of the storage yard where vehicles are removed from private property in Marple Township will be towed.

(5) The name, address and telephone number of the bonding company and the name, address, and telephone number of the bonding company agent through whom the bond required by this section has been issued.

(6) Any changes in any of the information required in Subsection A(1) through (5) herein shall be reported, in writing, to the Marple Township Police Department within 24 hours of such change.

B. The Chief of Police, upon determining that any provisions of this section have been violated, in addition to any other penalties provided herein, may revoke a license issued hereunder, together with the right to reapply for a subsequent license, for a period of up to two years. Appeal from such revocation shall be to the Public Safety Committee of the Board of Commissioners.

C. Authorized towing services shall:

(1) Maintain a current bond with the Township in the sum of $10,000 in form and with surety satisfactory to the Township's Solicitor, conditioned upon the faithful performance discharged by the towing service of its duties as bailees of removed vehicles, and to indemnify the owners of vehicles against loss, injury, or damage while in his custody.

(2) Provide certificates of insurance as follows: in the minimum amount of $500,000 combined single limit for hired autos and non-owned autos; $100,000 for each personal injury; and $50,000 per occurrence for garage keeper's liability.

(3) Comply with all provisions of the Pennsylvania Vehicle Code with respect to the removal and storage of vehicles from private property or the removal and impoundment of vehicles from public property.

(4) Make payment of any final judgment for personal injuries or property damage rendered with respect to the performance of services regulated by this chapter.

(5) Notify the Marple Township Police Department by telephone, in person, or by facsimile transmission of the removal of a vehicle from public or private property within 30 minutes of such removal and provide a description and license number of the vehicle thus removed and notify the Marple Township Police Department in writing within six hours of the removal of the vehicle from private property on a form provided by the Marple Township Police Department.

(6) Provide the Marple Township Police Department with a true and correct copy of each and every contract between the applicant and the owner and/or lessee of the private property with respect to the removal of vehicles from private property within the Township.

(7) Display the name of the towing service, or the person operating it, together with a valid phone number therefore, by signs on both sides of the tow truck.

(8) Maintain during off hours either a telephone operator, answering machine or voicemail service to provide owners or operators of towed vehicles with necessary information as to the cost, the required method of payment and the procedure for claiming the towed vehicle.

(9) Prior to the issuance of any license, provide proof that they have obtained a business privilege tax license from Marple Township.

(10) Display the current towing license obtained from Marple Township on the driver's side window of the tow vehicle.

D. Signs on private lots. No person shall remove or cause to be removed a vehicle parked on a private lot without authorization unless signs are posted as follows:

(1) That a sign, at least three feet by two feet in size, is placed at every entrance to a private lot clearly indicating that the parking lot is private, that unauthorized vehicles will be towed at the owner's expense, the name and phone number of the towing agency, the hours of tow operation and the towing and storage fees.

(2) That within a lot containing less than 20 parking spaces, additional signs at least 18 inches by 12 inches in size are to be posted approximately eight feet above ground level, clearly indicating that all unauthorized vehicles will be towed at the owner's expense. One sign shall be posted for every four parking spaces and be readily visible from the parking spaces.

(3) That within a lot containing more than 20 parking spaces, the property owner shall prepare a site plan, subject to the approval of the Chief of Police, showing signage readily visible from all directions. Such signs, clearly indicating that all unauthorized vehicles will be towed at the owner's expense, shall thereafter be posted, and maintained pursuant to the approval site plan.

(4) In the event that the Pennsylvania Motor Vehicle Code provides for a higher standard with regard to signs and posting of signs, said standards shall be followed.

(5) There shall be no additional fees other than the fees posted on the signs.

(6) Signs must be reflective to increase visibility during hours of darkness.

E. The Chief of Police, or designee, is hereby authorized to remove and impound or to order the removal and impounding, of any vehicle parked on any of the streets, highways, or public property in Marple Township in violation of any provision of the law or of any ordinance of the Township; provided, that the removal and/or impoundment of such vehicles strictly adheres to the provisions of this chapter.

§ 277-7 Licensing applications, standards, and duties of approved duty towers.

A. License required. No person shall be called by the Township or its Police Department as a tower for the purpose of removal of disabled or wrecked vehicles unless that person is granted a duty tow license by the Board of Commissioners of Marple Township.

B. License application.

(1) Applications for a duty tow license shall be made to the Chief of Police or his designee, upon a form available from the Township website, and shall require the following information:

(a) The name, address, and telephone number of the business for which the license is sought.

(b) The name, home and business addresses and telephone number of all the owner(s) or, in the case of a corporation, stockholder(s) of the business for which the license is sought, together with a designation of the business organization (i.e., sole proprietorship, partnership, corporation, etc.).

(c) A list of tow trucks, vehicle wreckers, car carriers or other vehicles available for service to Marple Township. A description of each vehicle (make, model, type, year, and vehicle identification number), copies of current registrations and insurance cards, the name and address of the owner/lessee of each vehicle or piece of equipment and the location where vehicles are regularly parked or stored shall be included.

(d) A certificate of insurance providing a minimum of $500,000 automobile liability and garage liability or other proof acceptable to the Township that the applicant has obtained the liability insurance required for the issuance of a duty tow license.

(e) Photocopy of employees issued OLNs, and certificates designated to the operation of tow vehicles.

(2) Applications shall be completed and signed by the owner(s) of the business for which a duty tow license is sought, or, in the case of a corporation, the president of the corporation.

(3) Applicants must execute an agreement to indemnify the Township for any and all losses or expenses incurred by virtue of any acts performed in the course of service.

(4) Applications for duty tow licenses must be accompanied by a fee of $100 to offset the cost of investigation and processing of licenses.

(5) The applications shall be reviewed by the Police Department within 30 days of receipt of the completed application and application fee. Incomplete applications shall be promptly returned to the applicant. A report shall be filed with the Township Manager for recommendation to the Board of Commissioners by each department responding to applications.

(6) Applicants for duty tow licenses must possess a current and valid salvor's license from the Commonwealth of Pennsylvania and have a minimum five years' experience as a tower.

(7) Vehicles required.

(a) The following vehicles shall be owned or leased exclusively by the applicant and shall be available on call for service at the request of the Township or its Police Department: two light/medium flatbed or two wheel-lift trucks.

(b) All of the aforesaid required vehicles shall bear a sign indicating the name and telephone number of the applicant's towing business and must be made available for inspection by the Township.

(c) Applicants must show proof that access to heavy-duty equipment, including a heavy-duty wrecker, is available to the applicant on a twenty-four-hour basis. The duty tower will make all necessary arrangements for all heavy-duty towing requests and the appropriate fee.

(8) The applicant must maintain a business yard located within a reasonable distance from the Township boundaries so that the response to a call for duty tow is within 15 minutes. Vehicles towed to the applicant's yard may remain there for up to 14 days or until released by police. The tower must contact police if the vehicle needs to be moved to another location.

(9) After consideration of the Township Manager's recommendations, the Board of Commissioners shall appoint one or more duty towers by January 31 of each year to serve for a period of two years. The Police Department shall determine an on-call schedule for all licensed duty towers in the Township.

(10) Each duty tower shall pay a $200 license fee as fixed by resolution of the Board of Commissioners. Upon payment of the license fee, the Police Department shall issue a license to appointed duty towers. Such licenses shall be effective for a period of two years from the date of issuance.

(11) The applicant shall have a clean business record that would withstand a police background investigation. The contractor and its shareholders, officers and directors shall not have been convicted of fraud, theft, receiving stolen property and/or other dishonest business practices.

C. Specific duties of duty tow licensees shall be as follows:

(1) All duty tow operators shall keep and maintain all of the vehicles listed on its application in a safe and operable condition which shall pass the Motor Vehicle Inspection Standards of the Commonwealth of Pennsylvania and shall have said vehicles immediately available to answer calls for service by the Police Department during the duty tow shift assigned to the licensee.

(2) All licensees shall respond within 15 minutes from their receipt of the Police Department's call requesting service to the arrival of the licensee's towing vehicle at the location of the disabled or wrecked vehicle, except during adverse roadway conditions.

(3) If any duty tow operators cannot respond to the service call from the Police Department with the appropriate towing vehicle or within the required response time, the licensee shall so advise the police dispatcher. If a licensee's vehicle is delayed while in transit to the requested location, the vehicle operator shall advise the police dispatcher of the delay and of his present location, whereupon a determination shall be made by the appropriate police official as to whether the secondary duty tower shall be called.

(4) Any licensee who performs duty towing services as an independent contractor to the Township of Marple shall not exceed the maximum rates established in this chapter.

(5) All licensees shall be responsible for removing vehicular parts and debris from the highway and dispose of such from their yard. Minor liquid cleanup is required of the licensee.

(6) All licensees shall comply with all rules and regulations established by the Township Manager or Police Department.

(7) All licensees shall comply with all rules and regulations established by the Township Manager or Police Department.

(8) Duty tow licensees must secure a towed vehicle in a designated impound yard. The windows and doors of the towed vehicle must be closed and/or locked whenever possible. The vehicle's key must be deposited with a copy of the invoice for services in the impound yard office. All yards must have an enclosed area to handle at least one vehicle at police request.

(9) An invoice for each tow service must be completed by the licensee, which invoice shall include the following information:

(a) The incident number.

(b) The date and location.

(c) Whether a police release is required.

(d) The make, model, vehicle identification number and license plate number.

(e) Indication of status (i.e., wrecked, stolen, disabled, or impounded)

(f) Amount charged, including storage fees.

(10) Towed vehicles requiring police investigation may be towed to specific locations by direction of police officials. Upon completion of investigative matters, towed vehicles will be returned to the impound yard, without additional charges to the Township, for release after the vehicle owner has paid the appropriate charges.

§ 277-7.1 Towing of Township-owned vehicles.

Each and every duty tow licensee for the Township of Marple shall enter into a contract with the Township, which provides for the towing of vehicles owned by the Township up to 17,000 pounds at no expense to the Township of Marple.

§ 277-7.2 Township-related towing.

The duty tow licensees shall be responsible for Township- related towing, which includes, but shall not be limited to, towing relating to a Township construction project, Township special event, or special police investigation that may yield nonpayment by vehicle owner.

§ 277-8 Registration plate used as evidence.

In any proceeding for a violation of the provisions of this chapter, the registration plate, if any, displayed on such motor vehicle shall be prima facie evidence that the owner of said motor vehicle was either operating said motor vehicle or was in operation and control of said motor vehicle at the time of said violation.

§ 277-9 Use of electronic payment.

In addition to cash payments, towing services shall provide an alternative method to the owner of any vehicle towed, hooked, or stored to pay the charges imposed pursuant to this chapter. Alternative methods include credit, debit cards, or other available mobile applications.

§ 277-10 Violations and penalties.

Any person, partnership, corporation, or other legal entity violating the provisions of this chapter shall be subject to the penalty provisions set forth in § 8-9 of the Marple Code.