[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as Ch. 20 of the 1982 Revised General Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned and inoperable vehicles — See Ch. 514.
Vehicles and traffic — See Ch. 520.
The Mayor and Council have determined that it is in the best interest of the residents, tax payers and visitors of the Borough of Stone Harbor that an orderly procedure be developed for the towing and storage of motor vehicles which are abandoned, illegally parked, disabled, involved in accidents or suspected of involvement in criminal activity. Towing shall be made available on a rotating basis by towing contractors complying, in all respects, to this chapter.
A. 
A notice shall be advertised in the Gazette Leader each year, preferably during the first week of December, notifying towing contractors in the county of an opportunity to be placed on a rotating list for towing motor vehicles in the Borough of Stone Harbor which are abandoned, illegally parked, disabled, involved in accidents or suspected of involvement in criminal activity. Such notice will advise interested towing contractors to contact the Police Department for a copy of this chapter on towing and storage of motor vehicles. Those who qualify shall then be placed on a rotating list, or lists, of towing contractors, which lists shall be supervised and controlled by the Stone Harbor Police Department.
B. 
A contractor requesting to be placed upon the rotating list shall supply, with their written request, the following documentation:
(1) 
Proof of necessary insurance.
(2) 
Location and size of storage facility.
(3) 
The number and type of towing vehicles, such as light-duty tow vehicles, heavy-duty tow vehicles, and roll back trucks, with copies of title certificates or lease agreements as applicable.
(4) 
Proof of lifting capacity of each towing vehicle.
A. 
Definition of equipment. As used in this chapter, the following terms shall have the meanings indicated:
HEAVY-DUTY TOWING VEHICLE
A heavy-duty tow vehicle (wrecker) shall be a heavy vehicle with a minimum chassis rating of 28,000 pounds GVW and be equipped with a lifting device with a minimum capacity of 25 tons. This type of wrecker also shall be equipped with a portable car dolly or be wheel lift designed.
LIGHT-DUTY TOWING VEHICLE
A light duty tow vehicle (wrecker) shall be a light duty vehicle with a minimum chassis rating of 11,000 pounds GVW and be equipped with a lifting device with a minimum capacity of four tons. The garage from which a light duty wrecker originates must be equipped with a portable car dolly or be wheel lift designed.
ROLL BACK TRUCK
This truck is a hydraulically operated truck having a tilted flatbed with a winch and cable system that is specifically used to retrieve vehicles onto the flatbed of the truck, so that the vehicle's wheels are no longer on the road surface.
B. 
Equipment and records.
(1) 
Contractors on the rotating list shall have and maintain in operational condition at least one of the following towing vehicles: A light-duty towing vehicle (wrecker), a heavy-duty towing vehicle (wrecker), and/or a roll back truck vehicle. Depending upon which of the vehicles the contractor has will determine which rotating list or lists the contractor is placed upon. For example: If he only has a light-duty tow vehicle, he would not be called upon to haul buses and heavy trucks.
(2) 
Each contractor shall supply to the Borough the manufacturer's specifications of the lifting capacities of the devices for his, her or its various vehicles. A certified testing laboratory test result is also acceptable for rating lift capacity. These must be supplied before the contractor can be placed on a rotating list.
(3) 
Tow vehicles will be equipped with two-way radios and two sling-type bars with rubber straps and wheel lifts, together with safety straps for lifting to prevent damage to the towed vehicles and with steering locks for towing vehicles from the rear. Motorcycle slings or straps will also be required.
(4) 
All vehicles will be equipped with all necessary equipment to perform emergency towing and recovery of vehicles according to standard industry procedures. Minimally, they shall further have a 2 1/2 lb. ABC fire extinguisher, first-aid kit, broom, shovel, crowbar, and amber emergency flashing or revolving lights as required. All equipment shall be commercially manufactured, in good mechanical condition, reasonably clean and neat, and maintained in a professional manner.
[Amended 4-18-2006 by Ord. No. 1256]
A. 
Unless otherwise directed by a member of the Stone Harbor Police Department, towing contractors shall tow all vehicles to the contractor’s licensed storage area. No vehicle towed to a contractor’s storage area shall be released by contractor unless and until contractor receives the appropriate written release notification from the Police Department.
B. 
In the event that a vehicle is to be secured by the Police Department or other agency as part of any investigation, it shall be towed to a Borough facility at the direction of the Police Department. The fee for such towing shall be paid by the Borough to the contractor after submission by the contractor of the appropriate paperwork.
All contractors shall be required to maintain a business facility and storage facility, both located within a ten-mile radius of the Stone Harbor Borough Hall. The storage area shall be sufficient for the storage of at least six mid sized automobiles, or larger. All outdoor storage facilities shall be enclosed with a solid wall or substantial wire fence not less than six feet in height and shall be maintained in good repair. The lot shall be sufficiently lighted, to light the entire lot, which shall be lit from dusk until dawn.
A. 
All contractors shall be available on a twenty-four-hour basis and shall be prepared to respond and appear with the necessary towing vehicle at the designated area in the Borough of Stone Harbor within 30 minutes of a telephone call for service from the Borough. In the event the contractor cannot respond within 30 minutes, as a result of its equipment being otherwise occupied or in need of repair, the contractor shall promptly notify the Borough who will then contact the next towing contractor on the rotating list.
B. 
In the event a contractor does not respond to a call within 30 minutes and does not promptly notify the Borough that it can not do so, that will constitute cause to suspend or remove the towing contractor from the rotating list.
Unless otherwise directed by the Borough Police Department, all contractors shall tow all stored vehicles to their storage area where they will be properly stored. No towed vehicles shall be stored upon the public streets.
[Amended 4-18-2006 by Ord. No. 1256; 12-5-2006 by Ord. No. 1272]
A. 
The maximum towing and storage charges for the towing and storage of all vehicles shall be as as established from time to time by resolution of Borough Council.
All contractors shall have and maintain a sufficient number of tow vehicle operators and other personnel to ensure their compliance with the thirty-minute response time.
A. 
The Borough shall call upon the contractors to tow and store the following types of vehicles: Abandoned vehicles, illegally parked vehicles, disabled vehicles, vehicles involved in accidents, and vehicles suspected to have been involved in criminal activity. The decision as to which vehicles shall be towed shall be made by the Stone Harbor Police Department, and the contractor shall not be responsible for the selection of the vehicle to be towed and/or stored.
B. 
The contractor shall be responsible to clean up all broken glass and customary debris at the scene of accidents. All tow vehicles must be equipped with a broom and shovel.
C. 
The contractor hereby grants to the Police Department of the Borough of Stone Harbor the right to inspect the storage facilities of the towing equipment at any time during normal business hours. In addition thereto, the Borough police officers may inspect any towing equipment brought into the Borough under this contract, if in the opinion of the officer in charge, the towing equipment does not comply with the provisions of this chapter.
D. 
The contractor assumes responsibility for the personal property in the vehicle:
(1) 
From the time the vehicle is towed from the scene until delivered to the Borough impound lot; or
(2) 
From the time the vehicle is towed from the scene until the time it is released from the contractor's storage facility.
E. 
All towing contractors hereby release and indemnify the Borough of Stone Harbor, its officers, servants and employees, from the payment of towing fees, storage fees, costs of damage, injuries to any person or theft of any property, resulting from the towing and storage of any vehicle during the term of this contract.
F. 
No unclaimed vehicles, towed by the contractor, will be disposed of by the contractor without giving the Borough of Stone Harbor first option to dispose of said vehicle(s). If the Borough disposes of said vehicle, to the extent of the proceeds received by the Borough, after deduction of all reasonable expenses of disposal, the Borough shall pay the contractor for towing and storage fees. If the Borough refuses this option, the contractor may dispose of such vehicles by legal means according to law.
G. 
The contractor shall provide a permanent log book, in which he shall log the following information with respect to all vehicles towed and/or stored: Make, model, serial number and registration number of each motor vehicle towed, together with the name of the owner of the motor vehicle, if known. The log shall further contain the date and time of towing and the place to which the vehicle was towed. The log shall be maintained at the storage facility and shall not be removed from said facility for at least three years after the date the last vehicle was stored under this chapter.
All contractors agree to indemnify and hold the Borough of Stone Harbor harmless from any loss or claim of damage to property or personal injury arising out of the contractor's operations pursuant to this chapter. Such indemnification shall include out-of-pocket expenses and reasonable attorney's fees in the event a claim is made against the Borough.
All contractors shall carry the following minimum contracts of insurance and shall supply documentary proof thereof when requesting to be placed upon the rotating lists and in December of each year thereafter.
A. 
Comprehensive general liability insurance: Not less than $500,000 combined single limit (for bodily injury and property damage) per occurrence and aggregate, which insurance shall cover damages while towing, and theft or damage to stored vehicles.
B. 
Automobile liability insurance: Not less than $500,000 combined single limits (bodily injury and property damage).
C. 
Workers Compensation Insurance: As required by law.
The Chief of Police of the Borough of Stone Harbor is hereby designated as the officer to enforce the provisions of the chapter in accordance with due process of law.
A. 
The Police Department shall maintain a log book in which the following information shall be recorded for each tow:
(1) 
The date and time of each call.
(2) 
The name of the contractor called.
(3) 
The time the contractor arrived on the scene and, in the event of failure of a towing contractor to respond to the call, the reasons given in connection therewith.
(4) 
The make and model of the vehicle towed.
(5) 
The correct state and license plate number of the vehicle.
(6) 
The name and address of the owner and driver, if known.
B. 
The Police Department shall maintain the following rotating towing contractor lists:
(1) 
A primary list upon which will be the names of all the towing contractors.
(2) 
Three secondary lists, one list for all contractors having light-duty tow vehicles, one list for all contractors having-heavy duty tow vehicles, and one list for all contractors having roll back trucks.
C. 
The following procedures with respect to selections from the lists shall be observed:
(1) 
When a call comes in for a tow, the police dispatcher shall first go to the primary list to determine who the next contractor on the list is. Then the dispatcher determines if that contractor is on the secondary list for the piece of equipment required for the tow. If so, that contractor is contacted and if available, that contractor will be given the tow. That contractor's name will then be checked off on the primary list. The name shall not be checked off on the secondary lists, because the intention is to give all the contractors on the primary list an equal number of tows, as near as practicable.
(2) 
If the first contractor contacted is either not on the appropriate secondary list, or is unavailable, his name will not be checked off on the primary list, and the next contractor in line on the primary list shall be contacted and the same procedure will be followed until a contractor is available, has the appropriate equipment and is given the tow. Each time a contractor is given a tow, he must be checked off on the primary list. In that fashion, the first contractor called for all tows will be the next person in line on the primary list, who has the necessary equipment.
(3) 
If more than one piece of equipment is required for a tow, the first person on the primary list who has all the necessary pieces of equipment that are required, shall receive the tow, however, if more than one vehicle is to be towed, it shall be considered a separate tow for each vehicle and shall be treated separately as thought there were separate accidents. Thus, if there are two vehicles, then two contractors shall be required, unless calling one contractor would more fairly and equitably adjust the primary list.
Copies of this chapter and all rotating lists shall be made available to the public during normal business hours at the office of the Stone Harbor Police Department.
Nothing in this chapter shall prevent the owner or the operator of an automobile from contacting a tower or wrecker of his or her own choice to remove his or her vehicle from the public streets of the Borough of Stone Harbor after it has become disabled or otherwise become inoperable, by virtue of an accident or otherwise. Said owner or operator shall have a reasonable time within which to obtain a towing contractor of his or her own choice to remove the vehicle from the public roadways of the Borough. If the vehicle is not towed away within a reasonable period of time, the Borough shall remove said vehicle through one of the Borough's towing contractors.
A. 
Continuation of list. Once a towing contractor is on a list or lists, said towing contractor shall remain on the list or lists until terminated, without the necessity of making further requests.
B. 
Voluntary termination. In the event any towing contractor desires to be removed from the towing list or lists of the Borough, he shall be removed 60 days after a written request for removal has been delivered to the Stone Harbor Police Department.
C. 
Involuntary termination. A towing contractor may be suspended or terminated as a towing contractor in the Borough of Stone Harbor for the following reasons:
(1) 
Fraudulent or inaccurate application information.
(2) 
A violation of a state law in connection with towing operations, or a violation of a Stone Harbor Borough Ordinance in connection with towing operations in the Borough of Stone Harbor.
(3) 
Repeated failure to bring the required equipment to the scene after being called and agreeing to respond.
(4) 
Failure to maintain the required insurance coverage or failure to provide the Borough with proof of same.
(5) 
Failure to have the required storage facility and/or to keep it in proper repair.
(6) 
Repeated failure to respond for a tow within the required time limits.
(7) 
For failure to comply with the requirements of this chapter.
D. 
Decision to suspend or terminate. The decision to suspend or terminate the towing contractor shall be made by the enforcing officer, who shall notify the towing contractor, in writing, by certified mail, return-receipt requested at the towing contractor's place of business, or by personal delivery to the towing contractor, his agents, servants or employees.
E. 
Right to appeal suspension or termination. If the towing contractor is dissatisfied with the action of the enforcing officer, the contractor may request a hearing, by written request delivered to the Borough Administrator within 10 days of the receipt of the determination by the enforcing officer. The Administrator shall then schedule and hold a hearing. The towing contractor can appear in person or make his case in writing. The enforcing officer shall appear at the hearing in person or by an agency with knowledge of the facts, or the enforcing officer may supply the facts and reasons for his decision in writing. The administrator shall make a decision within seven days of the date of the hearing, in which he may either affirm, reverse, or modify the action taken by the enforcing officer.