[HISTORY: Adopted by the Board of Supervisors
of the Township of Halfmoon 10-14-2004 by Ord. No. 2004-11. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 240.
A.
Public property.
(1)
Any vehicle parked on any of the highways, public
rights-of-way or other public property in the Township, which is parked
in violation of any provision of the law or of any ordinance of the
Township, or which has been immobilized in excess of 24 hours in accordance
with the provisions of this chapter, may be removed under the provisions
of this chapter. The Township Manager, Director of the Department
of Public Works, Township Engineer, Township Zoning Officer or the
designated agent by the Township or any sworn officer of the Pennsylvania
State Police or as designated by statute is authorized to make the
decision whether or not to remove any vehicle. Removal shall be done
only by employees of the municipality or by a licensed towing company.
(2)
Any vehicle removed shall be impounded in a storage
facility, as herein defined, or on property controlled by the Township
and designed for vehicle impoundment by the Township.
B.
Private property. Any motor vehicle left unattended
on private property within the Township may be removed under the provisions
of this chapter. The decision to remove any such motor vehicle shall
be made by either the property owner or upon written authorization
as specified in this chapter. Removal of such vehicle may be done
only by towing services licensed by the Township as designated in
this chapter. Any motor vehicle removed by authority of this chapter
shall be impounded in a storage facility, as herein defined.
A.
BUSINESS
CUSTODIAN
GVW
MOTOR VEHICLE
PERSON
PRIVATE PARKING LOT
PRIVATE PROPERTY
PROPERTY OWNER
STORAGE FACILITY
TIMELY RESPONSE
TOWING ROTATION LIST
TOWING COMPANY
TOWING COMPANY OWNER
VEHICLE CODE
WINCHING
WRECKER
As used in this chapter, the following terms shall
have the meanings indicated:
The physical place/establishment where employees report to
work, equipment is stored and dispatched to and from, all company
dealings take place, recordkeeping and daily activity, etc., is performed.
For purposes of this chapter, a business shall have employees at the
business address at a minimum of normal business hours, which is defined
as 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of national
holidays.
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle.
Gross vehicle weight.
As defined in the Vehicle Code.[1]
An individual, firm, partnership, association, employee,
corporation, company, or organization of any kind.
A nonmunicipal parking lot open to the public or used for
parking without charge, or a nonmunicipal parking lot used for parking
with charge.
Real property owned by an individual, firm, partnership,
association, corporation, company or organization, including private
parking lots as defined in the Vehicle Code.[2]
An individual, firm, partnership, association, corporation,
company, organization, or designee representing the owner of the property
from which the vehicle is being towed.
A secured area for the storage of towed vehicles.
Generally means 30 minutes or less from the time the towing
company is requested until the wrecker arrives at the scene. At times
there may be circumstances beyond a tower's control that make it impossible
for a towing company to arrive within 30 minutes.
The list maintained of all towing companies licensed by the
Township.
Any business engaged in the towing, removing, or storing
of motor vehicles at the request of the municipality or private property
owners. This includes the towing company owner and its employees and
agents.
Any person(s) having financial interest in a licensed towing
company. This does not include persons who are solely employed by
the towing company.
Title 75 of the Pennsylvania Consolidated Statutes.[3]
When the cable that is attached to a motorized pulley system
is unwound and attached to a vehicle to then place that vehicle in
such a position that the vehicle may either be driven away or conventionally
hooked to a wrecker.
A vehicle designed and used for removing and transporting
motor vehicles. This term shall also include a rollback truck, tow
truck, or other vehicles commonly used to perform towing services.
A.
There are two separate licenses available, a private
towing license and a public towing license:[1]
(1)
The
public towing license is required for any towing company engaged in
the business of towing vehicles at the request of the Township from
highways, public rights-of-way or other public property in the Township.
The towing company shall be licensed annually in accordance with the
provisions of this section.
(2)
The
private towing license is required for any towing company engaged
in the business of towing vehicles from private property in the Township.
The towing company shall be licensed annually in accordance with the
provisions of this section.
B.
Application for license. Applications for license
shall be submitted to the Manager upon forms prepared and made available
by the Township. The application form(s) shall be properly completed,
signed and accompanied by the application and license fee. The Township
may review and inspect the required storage facility and towing equipment
and all applications for compliance with the terms of this chapter
and other applicable regulations.
C.
Issuance of license(s). A private and/or public towing
license shall be issued only to towing companies that comply with
the provisions of this chapter.
D.
License fee. The license fee under this chapter for
the original application shall be $75 for the public towing license
and $85 for the private towing license. These are nonrefundable application
fees (one-time fee).
E.
Multiple licenses. The application fee for a second
license for any towing company currently licensed by the Township
at the time of application shall be $15 (either public or private).
F.
License renewal. All licenses, except those terminated
for just cause as provided herein, are subject to an annual renewal
fee of $35 for a single license and $50 for both a public and private
license. This renewal fee shall be paid within the first quarter of
each calendar year.
Towing companies to be licensed under this chapter
to tow vehicles at the request of the Township or private landowners
shall maintain the following minimum requirements:
A.
Wreckers and general equipment.
(1)
Business and equipment shall be located within Halfmoon,
Ferguson, Patton, College or Harris Townships or State College Borough.
(2)
All wreckers shall be clearly marked with the towing
company's name and telephone number marked on each side of the vehicle.
(3)
Wreckers shall be maintained in safe mechanical condition
and must display current state inspection and registration.
(4)
Towing equipment required. One wrecker with, at a
minimum, the following equipment or specifications:
(a)
Ten-thousand-pound or greater GVW chassis truck;
(b)
Rear wheel lift with either an integrated or
separate boom;
(c)
Eight-thousand-pound winching capability;
(d)
Recovery chain;
(e)
Jumpstart capability;
(f)
Dolly wheels;
(g)
One or two rotating amber overhead lights visible
from 360°;
(h)
Cleanup equipment and oil dry or similar approved
material;
(i)
The ability to communicate immediately with
the towing company's dispatcher; and
(j)
Any other equipment to properly tow vehicles.
(5)
One roll back vehicle (required for public property
towing license.)
(6)
Wrecker(s) and required towing equipment shall be
owned or leased by the towing company.
(7)
A wrecker used by a licensed towing company shall
not be used or operated by any other towing company under this chapter
unless authorized to do so by the Township.
B.
Storage facilities. All storage facilities used for
impoundment of vehicles towed at the request of the Township/private
property owner shall be located within the Townships of Halfmoon,
Ferguson, Patton, College, Harris or State College Borough.
(1)
The storage facility shall be owned or leased by the
towing company owner.
(2)
The storage facility shall comply with zoning regulations
applicable in the jurisdiction where the facility is located.
(3)
The storage facility shall be, at a minimum, 10,000
square feet, and enclosed by a secured fence or building. When enclosed
by a fence, the fence shall be a minimum of six feet in height and
made of a sturdy material such as a chain link, wooden slats, or other
approved material. All gates shall be secured with locks or other
security mechanisms to reasonably prevent entry by unauthorized persons.
(4)
The lot shall be reasonably well lit to provide ability
for towers/customers to inspect, release, pick up vehicles, and to
provide a safer environment during hours of darkness.
(5)
The towing company owner is responsible for the security
of the stored vehicles.
(6)
The towing company owner shall establish a system
convenient to the vehicle owner to provide for release of towed vehicles
from the storage facility 24 hours a day, daily.
(7)
Release of towed vehicles under the private towing
license shall be completed within a two-and-one-half-hour time period
following receipt of the request to release the towed vehicle.
(8)
Release of personal property from a towed vehicle
that is not attached to the vehicle shall be made within a two-and-one-half-hour
time period following receipt of the request to return the property.
Except as provided in this chapter, no fee shall be charged for the
return of personal property from a towed vehicle that is not attached
to the vehicle.
C.
Advertising. Towing companies shall be listed in the
State College/Bellefonte or Warriors Mark/Port Matilda classified
section of the current published telephone directory. This listing
must, at minimum, include the company name, business address, and
a business telephone number that is personally answered 24 hours per
day.
D.
Insurance.
(1)
Towing companies shall be required to carry insurance
at the minimum policy limits as follows:
(2)
The Township shall be listed as an additional insured
party on all policies and such policies shall contain a provision
requiring notification to the Township prior to any policy revision
or termination. A copy of the policy shall be provided to the Township.
E.
Criminal record. No towing company owner/operator
or agent shall have any misdemeanor and/or felony criminal convictions
for criminal violations that would be inconsistent with providing
professional towing service. Specifically, no towing company owner/operator
or agent shall have such conviction(s) for the following violations
of the Pennsylvania Crimes Code:[1]
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Chapter 25
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Criminal homicide
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Chapter 29
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Kidnapping
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Chapter 31
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Sexual offenses
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Chapter 3502
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Burglary
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Chapter 3921
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Theft by unlawful taking or disposition
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Chapter 3922
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Theft by deception
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Chapter 3925
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Receiving stolen property
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Chapter 4101
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Forgery
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Chapter 4104
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Tampering with records or identification
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Chapter 4107
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Deceptive business practices
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Chapter 4117
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Insurance fraud
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A.
This section only applies to towing companies holding
public towing licenses, as provided for in this chapter: The Township
shall maintain the list of licensed towing companies, listed alphabetically,
and requested by authorized Township employees on a rotating basis.
"Rotating Basis" means the towing company on the top of the list is
requested first to do the tow. Once the towing company on the top
of the list is requested, that name shall be placed on the bottom
of the list. Thereafter, for each subsequent request, the process
shall be repeated. The towing company listed on the top shall be requested
and that name then moved to the bottom.
B.
When the towing company on the top of the list is
called for a towing request and fails to answer the telephone, that
company shall be moved to the bottom of the list and the next name
on the list will be requested. However, if a towing company is unable
to respond to the request because all towing equipment/drivers are
handling other towing services, the next towing company on the list
will be requested and the unavailable company will remain on the top
of the list for the next request.
C.
If a towing company on the top of the list is requested
but prior to providing the towing services the request is canceled,
that towing company shall be placed back on top of the towing rotation
list to receive the next request.
D.
This rotation may be waived when, in the opinion of
the Township, the immediate removal of a vehicle(s) is critical to
public safety.
A.
Private property. All vehicles removed, transported
or conveyed from private property by a licensed towing company shall
be stored at the towing company storage facility unless otherwise
authorized by the Pennsylvania State Police or the Township.
B.
Public property. All vehicles removed, transported
or conveyed at the request of the Township shall be stored at the
towing company's storage facility or at property owned or controlled
by the Township, or to a location specified by the vehicle owner or
operator or the Pennsylvania State Police. Any vehicle remaining at
the storage facility more than 90 days may be removed as permitted
by applicable salvor regulations in the Vehicle Code, and with written/faxed
permission from the Township if the vehicle was impounded by the Township
C.
In the case of a Pennsylvania State Police request,
the towing company requested shall respond to the tow location within
a time frame recognized. There are circumstances, such as adverse
road conditions, that are beyond the towing company's control that
would prohibit them from arriving at the scene of the tow within a
reasonable amount of time. Generally, if the towing company fails
to respond within a reasonable amount of time after being requested,
the next available towing company on the towing rotation may be requested.
Nothing in this regulation is intended to permit or encourage the
towing company to violate any provisions of the Pennsylvania Motor
Vehicle Code or to operate a vehicle in an unsafe manner but is intended
to place police requested tows at the highest priority for public
safety reasons.
D.
Towing companies shall be available to tow vehicles
24 hours a day, seven days a week. In rare instances when a towing
company is not available to tow vehicles for the Township, the towing
company shall notify the Township of the circumstances that prohibit
them from performing tows and the estimated time they will be unavailable.
E.
All licensed towing companies shall notify the Township
of any modifications or changes to their license holder or applicant
information within seven days of the change.
F.
All licensed towing companies shall be notified by
the Township of any additions, deletions, modifications, or changes
to this chapter within five days of the change.
G.
Towing company owners shall comply with all local,
state, and federal laws and regulations and are responsible for insuring
that all employees/agents of the towing company adhere to this chapter.
H.
The Township shall not be liable for any towing company's
fees that arise for non-Township-owned vehicles unless the vehicle
is towed to a Township facility at the request of the Township. All
fees for towing services and storage shall be levied against the owner
of the vehicle unless it is determined by the Township that the vehicle
was towed in error, in which case no charges will be assessed against
the owner. If the error is that of the towing company, no charges
will be assessed. If the error is that of the Township, appropriate
charges may be assessed against the Township.
I.
All fees for towing services and storage shall be
levied against the owner of the vehicle unless it is determined by
the Township or the private property owner from which the vehicle
was towed, or the towing company that the vehicle was towed in error,
in which case no charge will be assessed.
J.
Towing companies shall be responsible for the conduct
of all drivers and employees. Misconduct of towing company employees
may subject a towing company to the suspension of towing privileges.
The driver's license of persons towing for a towing company may be
subject to inspection by the Township.
K.
The towing company shall remove accident debris as
part of the towing service.
L.
In situations involving hazardous materials which
require the response by a specially trained hazardous material unit,
towing services may be limited to those towing companies certified
in the removal of hazardous material. Such companies may or may not
be licensed under this chapter; however, those towing companies licensed
by the Township and certified in the removal of hazardous material
will be requested first.
M.
In situations requiring the towing of an abandoned
vehicle, as defined by the Pennsylvania Motor Vehicle Code, only approved
salvors may be used to tow such vehicles. Salvors requested may or
may not be licensed under this chapter; however, those towing companies
that are salvors and licensed by the Township will be requested first.
N.
In situations requiring the towing of a truck, truck
tractor, or combination having a gross weight or registered gross
weight in excess of 17,000 pounds, only those towing companies equipped
to tow such vehicles may be requested. Such companies may or may not
be licensed under this chapter; however, those licensed towing companies
equipped for such tows will be requested first.
O.
Only in situations requiring the towing of a motor
vehicle having a gross weight or registered gross weight in excess
of the capability of the tower's equipment, the tower may subcontract
the towing of the motor vehicle to an unlicensed towing company. The
towed motor vehicle may be towed to and stored at either the towers
secured lot or to the subcontractor's storage area. When a tower utilizes
the services of a subcontractor as permitted under this section, it
will be the tower's responsibility to assure that the subcontractor
complies with all other requirements of this chapter.
P.
Motor vehicles that are locked at the time they are
to be towed and are not equipped with a lock steering mechanism shall
have the front wheels placed on dollies before being towed to insure
the vehicle being towed is kept in line with the towing vehicle. The
exception would be those vehicles with front-wheel drive, in which
case the vehicle may be towed by the front. Motor vehicles being towed
must have minimum lighting, as set forth in the Vehicle Code, to provide
for safe movement on the highway.
It shall be a prohibited act for any towing
company to:
B.
Tow or move a vehicle from or within public rights-of-way
or public property without the consent of the owner or operator, or
without authorization from the Township or the Pennsylvania State
Police.
C.
Tow or move a vehicle from or within private property
without authorization from the property owner.
D.
Tow or move a vehicle from or within private property
in violation of the requirements of this chapter.
E.
Use "Halfmoon Township" in the name of the towing
company.
F.
Charge or provide a written quote or invoice, or collect
fees in excess of those specifically designated in this chapter.
G.
Falsify any information with regard to the application.
H.
Remove a motor vehicle from private property without
using a wrecker, except in case of repossession.
I.
Remove a motor vehicle from private property before
completing every procedure required to secure the motor vehicle to
the wrecker, including the attachment of any safety chains, so that
the motor vehicle may be safely towed.
J.
No towing company or employee shall respond to the
scene of an accident to circumvent the towing rotation by soliciting
a tow directly from an involved party to the accident.
A fee schedule[2] establishing the maximum fees that may be assessed for
towing and storage services provided at the Township’s request
by licensed towing companies or performed for private property owners
shall be set by resolution of the Board of Supervisors. It shall be
deemed a Township request anytime a towing company is requested by
the Township directly or through the Centre County Emergency Communication
Center for towing services.
Within one hour from the time of removal of
any vehicle by an authorized towing service, the Centre County Emergency
Communications Center shall be notified, by providing the Center with
a copy (or facsimile) of the written authorization and shall include
the following information:
The next business day, from the time of removal
of any vehicle illegally parked or immobilized, notice of the fact
of the removal and impounding shall be sent, in writing, to the Township.
The notice shall advise the location from where such vehicle was removed,
the reason for its removal, and the location of the storage facility
where the vehicle is impounded.
A.
Every licensed towing company providing service at
request of the Township shall make a written record of each vehicle
towed or stored consisting of the following information:
(1)
Registration plate number and state.
(2)
Time call was received.
(3)
Spot or ticket time.
(4)
Time wrecker arrived at the scene.
(5)
Dates of accumulated unpaid parking tickets (if applicable).
(6)
Date vehicle was returned to owner/custodian.
(7)
Towing and storage charges for each towed vehicle.
No motor vehicle shall be removed from private
property, except as authorized, under the authority of this chapter
unless:
A.
Written authorization for the vehicle to be removed
is provided to the authorized towing company, in duplicate, signed
by the owner and agent of the owner or the person having control of
the property upon which the vehicle is left unattended. The authorization
form shall be similar to the one hereinafter set forth and shall be
completed at the time the vehicle is to be towed by the aforementioned
person or persons.
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"You are hereby authorized to tow the following
illegally parked vehicle from the parking lot/space indicated below.
This lot is either owned and/or leased by (name of lot owner/manager).
The vehicle and location are described as follows:
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MAKE
| |
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MODEL
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YEAR
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COLOR ___
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LICENSE NUMBER AND STATE
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LOT/LOCATION
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Name/Address of Towing/Immobilizing Service:
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Authorized signature
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Please print name here "
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B.
No vehicle shall be towed from a private parking lot
unless the lot is posted, at the time the vehicle is towed, to notify
the public of any parking restrictions, and the operator of the vehicle
violates those restrictions. Posting shall be in conformance to the
rules and regulations set forth in Annex A, Title 67, Transportation,
Part I, Department of Transportation, Subpart A, Vehicle Code Provision,
Article VIII, Administration and Enforcement, Chapter 217, Posting
of Private Parking Lots.
C.
Signs as required and, in addition to the number of
signs required, shall be in place and evenly spaced in parking lot
based upon the number of available parking spaces as follows:
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Parking spaces
|
Number of additional signs required
| |
|---|---|---|
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26 to 50
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1
| |
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51 to 75
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2
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76 to 100
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3
|
D.
In addition to the posting of private lots as required,
the Township may require additional signs be posted and/or that the
posted signs be altered.
The payments of any towing and storage charges
authorized by this chapter shall, unless made "under protest," be
final and conclusive and shall constitute a waiver of any right to
recover the fees paid.
The Township or designee may keep a record of
all illegally parked and/or immobilized vehicles impounded and shall
be able at all reasonable times to furnish the owners/custodians with
information as to the location of the storage facility where such
vehicles are impounded.
The payment of towing and storage charges authorized
by this chapter shall not operate to relieve the owner or operator
of any vehicle from liability for any fine or penalty for violation
of any law or ordinance on account of which such vehicle was removed
and impounded.
A.
Nonmetered private lots. A motor vehicle found to
be illegally parked or disabled on private property and otherwise
authorized to be legally removed may not be removed from the property
for 15 minutes if the discovery of the motor vehicle was made by the
towing company in which case the towing company shall include the
discovered time and the removal time on the notification or removal
as required. If the discovery of the illegally parked or disabled
motor vehicle was made by the property owner and the towing company
was requested to remove the illegally parked or disabled vehicle;
the motor vehicle may be removed immediately. If an illegally parked
vehicle is discovered parked blocking the entrance or exit to or from
private property, in a marked and signed fire lane, in a marked and
signed handicapped space or wholly or partially on a lawn the vehicle
may be towed immediately.
B.
Metered private lots.
(1)
A motor vehicle found to be illegally parked or disabled
at a metered parking space on private property may not be removed
from the property unless the illegally parked vehicle has two or more
consecutive unpaid parking tickets over the course of one or more
calendar days, or two or more accumulated parking tickets in at least
a twelve-hour period of time.
(2)
If a motor vehicle is towed from a metered parking
space on private property, the towing company shall include the specific
dates of the unpaid parking tickets on the records of vehicles towed
or stored.
The Township shall notify the towing company
owner within 15 days of receipt of any complaint against a towing
company that will be investigated by the Township. Complaints by Township
employees/agents against a towing company shall be brought to the
attention of the Manager and the Chair of the Board of Supervisors
within five calendar days.
A.
Towing companies are prohibited, either directly or
indirectly, from giving or furnishing a rebate or payment of money
or any other valuable consideration to a property owner from whose
premises the towing company has, is about to, or will remove motor
vehicles. Property owners are prohibited from accepting or giving,
either directly or indirectly, any rebate, payment of money, or any
other valuable consideration from or to a towing company in connection
with the removal of a motor vehicle from private property except for
signs and notices as required.
B.
Property owners are prohibited from having a direct
or indirect monetary interest in a towing company that, for compensation,
removes motor vehicles from their private property. This section is
not intended to prohibit the issuance of parking tickets to illegally
parked vehicles.
All charges and fees authorized by this chapter
shall be reviewed by the Township after five years (but not more than
seven years of the effective date of this chapter) and every three
to five years thereafter. This section shall only be in effect when
the Township receives a written request from a licensed towing company
owner to review the charges and fees within 90 days prior to the scheduled
review date. Any rate changes in response to the written request to
the Township shall be made within 90 days after having received the
request.
Any towing service that operates within Halfmoon
Township towing vehicles from private property in accordance with
the Vehicle Code and is not an authorized towing service, as defined
within this chapter, shall be subject to a fine, upon conviction,
of not less than $600 nor more than $1,00 for each violation.
A.
Any towing company or its employee who violates any
provision shall be issued a written warning for their first violation
during any calendar year. Any subsequent violation during the same
year may cause the termination of the towing company's license. The
towing company is not entitled to a warning for violation of any provisions
and shall have their license terminated for the subsequent violations.
B.
The towing company shall be notified, in writing,
no less than 15 calendar days prior to the termination of its license.
The notice of termination shall state the reason(s) for termination
and the effective date of termination. The towing company shall have
15 calendar days to appeal the termination, in writing, to the Local
Authority Board of Adjudication. The Local Authority Board of Adjudication
shall hold a hearing within 45 calendar days of written receipt of
the towing company's request for an appeal.
Upon conviction of any provision of this chapter,
in addition to the penalty listed, a towing company shall have their
license revoked for a period of two years.
