[HISTORY: Adopted by the Borough Council of the Borough of Indiana 5-4-2004 by Ord. No. 2004-05. Amendments noted where applicable.]
Pursuant to the authority granted under the Borough Code, the Borough of Indiana shall cause the lawful removal of vehicles from highways, roads, streets and public property of the Borough when necessary, including illegally parked vehicles, impounded vehicles and vehicles involved in accidents, and as otherwise permitted by law.
No vehicle shall be removed under the authority of this chapter if, at the time of the intended removal thereof, the owner or person at the time being in charge of such vehicle is present and expresses a willingness and intention to remove such vehicle immediately and is lawfully able to do so.
Within reason, under the existing circumstances, whenever there is a need for a vehicle to be towed and the owner or operator of the vehicle is available, such owner or operator shall be permitted to select and to pay for the tower. Notwithstanding the aforementioned, vehicles posing safety concerns or that are left on the roadway after an accident shall be removed forthwith by the most reasonable means available.
The Police Department shall keep a record of all vehicles impounded and upon request the owners or agents of the owners thereof shall be furnished with information as to the place of storage of such vehicles.
The Chief of Police shall have the administrative authority to maintain a rotation tow list, not to exceed five tow companies at a given time, to facilitate the immediate availability for the removal and/or storage of vehicles at the Borough's request.
The Chief of Police is authorized to add towing and storage entities to the rotation list as needed and is authorized to suspend and/or revoke entities from the list for cause, including but not limited to violation of this chapter, violation of law, and/or for any public safety concern.
Towing and storage entities shall be added to the rotation list as needed. To be eligible, the following shall be provided:
Written request for consideration to be on the rotation list including a description of equipment, towing, and storage capabilities, the physical address of their facilities, and phone numbers for both business hours and after business hours.
Copy of current insurance policy specifically providing appropriate coverage for towing and storage of vehicles.
Copy of drivers license for each driver employed to operate towing equipment, which shall be used to determine the status of each license.
It shall be the responsibility of the towing and storage entity to provide the Borough written notice of any changes to these requirements once the entity is added to the rotation list.
Prior to being added to the list, towing and storage entity must provide the Borough of Indiana with an insurance certificate naming the Borough of Indiana as an additional insured.
The following fees, as set from time to time by resolution of the Borough Council, are hereby established as the charges that shall be made for the towing and storage of any vehicle towed and impounded under the authority granted by this chapter:
A maximum charge for any vehicle towed in a conventional manner.
A charge in addition to the maximum charge for any vehicle that must be towed in an unconventional manner (e.g., use of an adapter, towing dolly or the removal of a driveshaft).
An additional charge to the maximum charge for any vehicle that must be rolled over or otherwise manipulated due to severe accident damage.
There shall be no storage charge for the first 24 hours after the vehicle is towed.
A maximum charge per day for storage after the initial twenty-four-hour period of storage.
These fixed charges are subject to change by resolution of Council.
The owner or agent of the owner of a vehicle towed and/or impounded shall be responsible for all fees incurred before such vehicle is released.
Owners or agents of owners of a vehicle to be towed who appear at the location after the arrival of the tow equipment shall be required to pay the towing fee whether the vehicle is towed or not.
In the event that any towing and impounding charges so imposed shall be paid under protest, the vehicle owner or agent of the owner shall be entitled to a hearing before a Magisterial District Judge or court of record having jurisdiction, upon initiation by the owner or agent of the owner within 10 days after payment of any towing and impounding charges.
Towing and storage entities who violate any provisions of this chapter shall immediately be suspended from the rotation list.
Towing and storage entities that are suspended from the rotation list may seek reinstatement and shall be required to pay a reinstatement fee as set from time to time by resolution of the Borough Council.