[HISTORY: Adopted by the Borough Council
of the Borough of Indiana 5-4-2004 by Ord. No. 2004-05. Amendments noted
where applicable.]
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
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.
C.
Towing and storage entities shall be added to the
rotation list as needed. To be eligible, the following shall be provided:
(1)
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.
(2)
Copy of current insurance policy specifically providing
appropriate coverage for towing and storage of vehicles.
(3)
Copy of drivers license for each driver employed to
operate towing equipment, which shall be used to determine the status
of each license.
D.
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.
E.
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.
A.
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:[1]
(1)
A maximum charge for any vehicle towed in a conventional
manner.
(2)
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).
(3)
An additional charge to the maximum charge for any
vehicle that must be rolled over or otherwise manipulated due to severe
accident damage.
(4)
There shall be no storage charge for the first 24
hours after the vehicle is towed.
(5)
A maximum charge per day for storage after the initial
twenty-four-hour period of storage.
B.
These fixed charges are subject to change by resolution
of Council.
A.
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.
B.
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.
C.
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.
A.
Towing and storage entities who violate any provisions
of this chapter shall immediately be suspended from the rotation list.
