It is the purpose and objective of this article
to enable the Board of Supervisors of Whitemarsh Township to provide
for the removal of abandoned, junked, disabled or weather-bound vehicles
of all types that have been deemed a hazard to the public and to provide
a safe storage of such vehicles until disposition.
As used in this article, the following terms
shall have the meanings indicated:
DISABLED VEHICLE
Any motor vehicle which is inoperable due to mechanical failure
or malfunction but is not a junked vehicle.
IMPOUNDING AUTHORITY
The authority of the Chief of Police, any peace officer or
official having such authority by law to impound any motor vehicle
for any lawful reason(s).
OWNER
Any person who holds the legal title of a motor vehicle or
who has the legal right of possession thereof.
STORAGE FACILITY
A garage, parking lot or any type of facility owned by a
person other than a governmental entity for storing or parking 10
or more vehicles, which is in full compliance with the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles/Salvor Unit.
TOWING BUSINESS
The business of towing or removing disabled, wrecked or junked
vehicles on the public street or right-of-way.
TOWING COMPANY PERMIT OWNER
Any person engaged in the towing business holding a valid
permit from the Township for the operation of a towing business.
TOWING VEHICLE
Any motor vehicle used for the purpose of towing or removing
disabled or wrecked vehicles.
VEHICLE
Every device defined as such by this Code.
WRECKED VEHICLE
Any motor vehicle which is disabled due to collision with
another vehicle or object.
No person shall solicit in any manner, directly
or indirectly, on the streets of the Township, the business of towing
any vehicle which is wrecked or disabled due to accident or police
action on a public street, regardless of whether the solicitation
is for the purpose of soliciting the business of towing, removing,
repairing, wrecking, storing, trading or purchasing said vehicle.
The impounding of any vehicle in any vehicle
storage facility which is in full compliance with the Pennsylvania
Department of Transportation Bureau of Motor Vehicles/Salvor Unit
shall be at the direction of the Chief of Police, any peace officer
or official having such authority by law. Police officers requiring
access to any vehicle stored in a storage facility lot as part of
an official investigation shall be permitted such access on a twenty-four-hour,
seven-day-per-week basis.
This article shall be cumulative of all laws
of the commonwealth and the United States governing the subject matter
of this article.
The Chief of Police is hereby authorized to
allow a towing company without a permit to haul wrecked or disabled
vehicles when police investigation is finished and the same is not
in any way interfering with traffic.
While at the scene of an accident, the towing
company or towing companies which have been dispatched shall be under
the direction of the police officer investigating the accident and
shall carry out his or her instructions, including the cleaning of
glass and debris.
Requirements for towing. No towing company shall
commence to tow any vehicle unless the conditions enumerated in at
least one of the following subsections are first met:
A. The towing company is requested by the custodian of
the vehicle to be towed. "Owner" or "custodian of the vehicle," as
used herein, shall include any person legally entitled to possession
of said vehicle.
B. The towing is to be performed pursuant to the direction
of a duly constituted law enforcement officer.
C. The vehicle is to be towed from private property upon
the direction of the owner of the property or an agent of the owner
of such property to remove such vehicle therefrom. Such direction
shall be in writing and shall identify the vehicle and the time and
place of pickup of the vehicle and the destination or delivery point.