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.
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.
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.
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.
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.
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.
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.
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.
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.