[Ord. 714,[1] 3/28/2014]
This Part 8 shall be known and may be cited as the Warminster
Township "Duty Tow Ordinance."
[1]
Editor's Note: Ordinance No. 714 superseded former Ch.
13, Part 8, Towing Services, adopted 5-8-2008 by Ord. No. 676.
[Ord. 714, 3/28/2014]
For the purposes of this Part 8, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent within the context, words used in the present
tense include the future, words in the plural number include the singular
number, and the words in the singular number include the plural number.
Words in the masculine shall also include the feminine. The word "shall"
is always mandatory and not merely directory.
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, motorized vehicle, or other vehicle or device, in, upon
or by which any person or property is or may be transported, parked,
or drawn upon a highway, road, property or street, which is no longer
capable of safe operation on a highway, road, property or street,
and presents a safety hazard to the public by virtue of its location
on or adjacent to a public highway, road or street in the Township
of Warminster.
Refers to those tow operators or duty tow operators licensed
under this Part 8 which will be added to a schedule of rotation, maintained
by the Chief of Police, which will be exclusively called by the Warminster
Township Police Department ("WTPD") to tow or otherwise remove vehicles
involved in a motor accident occurring in Warminster Township, or
those vehicles that must be impounded for a reason determined by the
WTPD (i.e., the vehicles of those suspected of driving under the influence
of drugs or alcohol), tow operators (also known as "duty tow operators")
will also be available for any towing required by Warminster Township
itself, except as specifically provided in this Part 8 to the contrary.
The service of duty tow operators will be scheduled by the Chief
of Police in a fair and equitable manner in weeklong blocks, Monday
at 0700 hours to Monday at 0659 hours; the number of times a duty
tow operator will be scheduled in the license year will be dependent
upon the number of licensed tow operators in the calendar year.
If a duty tow operator notifies the Chief of Police that their
company is unavailable for a scheduled week for whatever reason, or
if the license of the duty tow operator is suspended or revoked for
the scheduled period, the Chief of Police will notify the next in
the duty tow rotation and the schedule will be modified to accommodate
this unavailability. In this case, the unavailable/suspended/revoked
licensee will forfeit the week and will not be provided additional
weeks in lieu or further recompense.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of 25,000 pounds or more.
From 8:00 a.m. until 4:00 p.m., prevailing time, Monday through
Friday.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, providing the services of a tow
operator, that has a place of business located within Warminster Township
that includes a fenced storage area and, at minimum, a service desk
to which an on-call employee can respond within 30 minutes during
normal business hours to provide effective customer service.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of less than 25,000 pounds.
A person or any other legal entity engaged in the business
of offering the services of a vehicle tow operator or towing service,
whereby disabled or impounded motor vehicles are towed and otherwise
removed from the place where they are disabled or impounded, by use
of a tow truck so designed for that purpose or by a truck, automobile
or other vehicle so adapted to that purpose, and maintaining a fenced
and secured storage yard.
The Township of Warminster, Bucks County, Pennsylvania
[Ord. 714, 3/28/2014]
The purpose of this Part 8 is to provide for a uniform set of
procedures for administering the issuance, renewal, suspension and
revocation of all duty tow licenses issued under this Part 8, in the
interest of fair and equitable, nondiscriminatory and nonexclusionary
treatment of the motoring public and tow operators; to establish fees
for towing services and duty tow services that are consistent with
the fees generally charged in the towing industry; and to ensure safety,
traffic control and the orderly use of the streets and highways within
the Township.
[Ord. 714, 3/28/2014]
1.
No person shall operate for hire a truck or other type of motor vehicle
designed and able to provide road service and to tow other motor vehicles
from public places, streets or highways within the Township, unless
a license therefor shall first have been obtained from Warminster
Township as hereinafter provided. This provision shall not be deemed
to require licensing of tow truck operators who tow vehicles from
private garages, residences or other private places with the prior
consent of the vehicle owner or tow truck operator towing vehicles.
2.
Each license issued by the Township under this Part 8 shall be for
one calendar year, beginning January 1 and ending December 31.
3.
Such license shall not be transferable. Any change in ownership of
a licensee shall operate as a termination of such license.
4.
On request of a tow operator made to Warminster Township, application for such license related to tow operators shall be made on a form provided by the Township, and a fee in accordance with the fee schedule to be charged by the Township for the licensee shall accompany the application. Upon its completion by the tow operator as outlined below in § 13-805, the application shall be returned to the Township of Warminster office responsible for issuing licenses, and shall be accompanied by an annual nonrefundable application and license fee which shall be set from time to time by resolution of the Board of Supervisors.
[Ord. 714, 3/28/2014]
1.
Application. Neither license shall be issued unless an affidavit
of application therefor has been filed with the Township of Warminster
by the applicant, on or before November 30 prior to the license calendar
year. The application for a towing license shall be made and signed
by the owner(s) of the business for which the license is sought, or,
in the case of a corporation, the president of the corporation. The
application must be duly sworn to by said applicant before a duly
licensed notary public of the Commonwealth of Pennsylvania and thereafter
approved. The application shall include the following information
for each license, whether a standard (duty) tow truck or heavy tow
truck:
A.
The name, address and telephone number of the business for which
the towing license is sought. A tow operator licensed to operate in
Warminster Township must operate a place of business within Warminster
Township, as evidenced by the following proofs:
(1)
Payment of business taxes associated with said place of business
being operated within the Township; and
(2)
At least two tow truck vehicles registered to the Township place
of business; and
(3)
Appropriate insurance certificates registered to the Township
place of business; and
(4)
Storage/impound lot deeds or leases; and
(5)
Telephone listings maintained for a Warminster place of business.
B.
The type of business organization, as registered with the Commonwealth
of Pennsylvania, under which the business is operated (i.e., sole
proprietorship, partnership, corporation, etc.)
C.
The name, home and business address, and telephone numbers of all
the owner(s), or, in the case of a partnership or corporation, all
persons having a ten-percent or greater interest in the business for
which a towing license is sought.
D.
The one telephone number which will be called by the Township Police
Department to activate a call for towing and/or impound services,
to be available 24 hours a day, seven days a week.
E.
Authorization for the Township or its agents to perform a background
check of the tow business owners and/or its tow truck operators, as
the Township desires, at its discretion.
F.
A list of the tow trucks, tow vehicles, car carriers or heavy-duty
tow vehicles available for service to the Township, along with a description
of each vehicle or piece of equipment (type, make, model, year, vehicle
identification number, and Pennsylvania registration number) the name
and address of the owner/lessee of each vehicle or piece of equipment.
(1)
Tow trucks in service in the Township must be duly registered
with the Pennsylvania Department of Transportation and bear miscellaneous
motor vehicle business registration plates required for tow trucks
(Pa. Form MV-359).
(2)
The tow operator has a duty to inform the Township, in writing,
when the tow truck listed on the application is unavailable for service
for a period of greater than 30 days, as well as when additional tow
equipment is acquired for use in association with the tow operator's
license. Such written notification of either removal or addition of
equipment shall take place within 30 days.
G.
The names, addresses and Pennsylvania driver's license numbers of
all employee-drivers of the vehicles identified. Each employee-driver
must have and maintain a valid Pennsylvania driver's license
during the license year. The tow operator must certify on the tow
operator license application form that, to the tow operator's
knowledge, each employee operating under this license is not addicted
to the use of narcotics or intoxicating liquors, and is able to read
and write the English language. The tow operator may add or remove
drivers as necessary, and shall provide updated information on the
driver as provided in this section to the Township within 30 days
of such addition or removal.
H.
The location of space, impound or storage lot for properly storing,
accommodating, and protecting all disabled motor vehicles to be towed
or otherwise removed from the place where vehicles are disabled or
impounded. This lot must be located wholly within Warminster Township.
The information provided shall include photographs of the interior
and exterior of the business which clearly shows the business office
work areas and business identification signs. On the application,
applicant must describe the size of the area on the premises available
for storage of the vehicles; the approximate number of vehicles, which
may be stored in the area; whether said area is fenced; a description
of any security precautions or protection methods for vehicles stored
in said area; and a description of customer service office space,
its hours of operation (which shall include, at minimum on call access
by vehicle owners within 30 minutes during normal business hours),
and methods by which a vehicle owner or operator can contact the tow
operator for the purposes of retrieving the vehicle and/or personal
property from the vehicle. If the impound or storage lot is operated
under a lease agreement, the applicant must provide with the application
a copy of a valid lease with terms concurrent with the license year.
I.
A schedule of regular rates showing the charges to be made for all aspects of towing within the towing area indicated in § 13-815 hereof.
J.
A certificate of insurance shall be provided by each duty tow and/or
heavy tow truck or wrecker, which shall indicate the amount of liability
insurance and garage keeper's liability insurance for personal
injury and property damage on said service or tow truck. Additionally,
insurance must cover fire, theft and property damage to vehicles towed,
impounded or stored; the name of the insurance company, which must
be licensed to do business in the Commonwealth of Pennsylvania; and
the policy number.
(1)
The limits shall not be less than:
(a)
One hundred thousand dollars for each person; and
(b)
Three hundred thousand dollars for each occurrence; and
(c)
Twenty-five thousand dollars property coverage for fire, theft
and property damage to each vehicle towed, impounded or stored; and
(d)
General public liability insurance in the minimum amount of
$1,000,000; and
(e)
Garage keeper's legal liability insurance in the minimum
amount of $100,000; and
(f)
Workers' compensation for its employees.
(2)
The tow operator will keep such policy or policies in effect
through their license period, in insurance limits not less than as
set forth above. All such policies shall name Warminster Township
as an additional insured as their interests shall appear.
(3)
Each policy required herein shall contain an endorsement providing
10 days' written notice to the Township of Warminster in the
event of any material change or cancellation or nonrenewal for any
cause. Written notice to the Township of Warminster shall be the responsibility
of the issuing company.
(4)
The Township reserves the right to require proof that such insurance
is maintained at any time during the licensed year.
K.
Applicants must execute an agreement to indemnify the Township for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
L.
Applicants agree to execute a hold harmless agreement for any and
all claims, actions or causes of actions arising from the suspension
of a license for the reasons set forth herein.
M.
Such other information as the Township Board of Supervisors shall
find reasonably necessary to effectuate the purpose of this Part 8
and to arrive at a fair determination of whether the terms of this
Part 8 have been complied with.
2.
Standards for issuance of a towing license.
A.
Vehicles. The applicant must own or lease, have available on call
for service at the request of the Township or its Police Department,
and have exclusive use of the following vehicles: one standard tow
truck and/or one wheel lift tow vehicle, and one flat-bed tow vehicle;
or, in the case of heavy tow operators only (who are not included
on the duty tow rotation), one heavy tow truck.
B.
Storage or impound lot. The applicant must own or lease a fenced-in
storage yard or other secure facility, open or closed, which shall
be located wholly within Warminster Township. The fence surrounding
the storage or impound yard must be a minimum six feet high. Such
yard or storage area shall be authorized by the appropriate zoning,
use, occupancy or other municipal permits. A storage area must be
available to hold a minimum of 20 vehicles.
3.
Eligibility, denial, revocation and expiration.
A.
Eligibility. Each person operating a tow truck business as a tow
operator in the Township may obtain a tow operator license, provided
that such person abides by the regulations set forth herein. No individual
truck may be licensed by more than one applicant.
B.
Nontransferability. Licenses issued pursuant to this Part 8 are not
transferable from one operator to another or from one truck to another.
C.
Applications. Applications for tow truck licenses are available year
round from the Township of Warminster, by request from any person.
The availability of license applications will not be advertised.
D.
Deadline for applications. No license shall be considered for issuance by the Township under this Part 8 unless the entire application, with all of the requirements and attachments set forth here in § 13-805, Subsection 1, has been received by the Township on or before November 30 of the calendar year prior to the license calendar year.
|
Note: In the year that this Part 8 is enacted, a tow operator
may make immediate application to Warminster Township for licensure
in that current year, with application fees prorated based on the
date of application. Review shall occur within 30 days of the submission
of the completed application; approval or denial of the license shall
be based on the terms of this Part 8 enacted herein. Tow operators
who are already licensed by the Township in the year that this Part
8 is enacted shall be grandfathered in for that license year, with
the license term expiring on December 31 of the year of enactment.
|
E.
Review. The application shall be submitted on a form provided by
Warminster Township, reviewed for completeness by the Township office
responsible for licensing, and thoroughly processed by the Warminster
Township Police Department within 30 days of receipt of the application.
The Township office responsible for licensing shall promptly thereafter
advise the applicant of whether the license has been approved, disapproved
or requires additional information to make a determination. If additional
information is required, the applicant has 10 days to supply the information
to the Township, subject to review and approval; failure to provide
the additional information requested within the specified time frame,
without prior written agreement, will result in disapproval.
F.
Independent contractors. A towing license is issued by the Township
on condition of and with the express agreement of the licensee that
the licensee shall, at all times, act as independent contractor to
and not as an employee of the Township or its Police Department, and
that payment for services rendered pursuant to said license shall
be by the owner, operator of custodian of the disabled, wrecked or
abandoned vehicle. As an independent contractor, tow operators agree
to be solely responsible for any taxes or fees due from services rendered,
in any form and to any regulatory or taxing authority.
G.
Expiration. Every license issued pursuant to this Part 8 is annual
and expires on December 31 of the licensed year.
H.
Denial or revocation. The Township office responsible for licensing
shall, within 30 days of having received the application, issue the
license or advise the Township Manager that a certified letter of
denial to the tow operator is required to be issued. The tow operator
may appeal the denial to the Township Board of Supervisors, which
may in each case, after a public hearing during a regularly scheduled
meeting of the Board, affirm or overturn the denial. The Township
Board of Supervisors may revoke the license or licenses of any licensee
whom they determine has violated the provisions of this Part 8.
[Ord. 714, 3/28/2014]
1.
No vehicle shall be licensed unless the vehicle to be licensed is
properly registered and inspected as required by the Motor Vehicle
Law of the Commonwealth of Pennsylvania.[1] Each tow truck shall meet all of the requirements of the
Motor Vehicle Law for such vehicles.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
2.
On each side of every tow truck for which a license has been granted,
there shall be legibly inscribed in letters not less than three inches
high, the name of the business and its owner or licensee of such tow
truck, in accordance with any and all requirements of federal and
state regulatory agencies. A copy of the license issued by the Township
shall be stored within the tow truck and available for inspection.
3.
Each tow truck shall be equipped with emergency lighting systems
as required and authorized by the Pennsylvania Motor Vehicle Code
and PennDOT.
4.
Each tow truck shall be equipped with a fire extinguisher, the minimum
railing of which shall be at least 10 pounds ABC.
5.
Each tow truck shall be equipped with hoisting equipment of sufficient
capacity to perform the service intended. The hoisting equipment of
each tow truck shall be securely mounted in the frame of such vehicle.
The winch of such hoisting equipment shall contain one continuous
length of steel cable standard to the tow truck, and such cable shall
be occasionally inspected by the tow operator and maintained to be
free from breaks, splits or knots.
6.
Each tow truck shall be equipped with a broom, shovel and crowbar.
7.
Each tow truck shall be equipped with Speedy Dry, sand or oil dry
(for minor oil and fuel leaks), and a disposal container for same.
8.
Each tow truck shall be equipped with, and be able to safely employ,
portable rear lighting for towed vehicles.
9.
Each tow truck shall be equipped with a two-way communication system
such as two-way radios or mobile telephones.
[Ord. 714, 3/28/2014]
1.
All licensees shall keep and maintain all of the vehicles listed
on its application(s) in a safe and operable condition, and in a condition
which shall pass the motor vehicle inspection standards for the Commonwealth
of Pennsylvania. All licensees shall not use or employ a vehicle that
is not listed on the towing license application (or will have filed
an amendment to the application listing any new equipment).
2.
All licensees shall certify that any driver of their equipment possesses
a current and valid Pennsylvania driver's license for the class
vehicle they are operating. The licensee is further responsible to
insure that the operator is insured and insurable to drive the vehicle
assigned, and obeys all laws of the Motor Vehicle Code of the Commonwealth
of Pennsylvania. Also, to provide safe and effective two-way communication
with the Township Police Department and/or the owners or operators
of the disabled or impounded vehicle, the driver of the licensee's
equipment must be able to speak and write English. At the discretion
of the licensee, the tow operator may provide an additional nondriving
employee to assist with accident cleanup; this nondriving assistant
does not necessarily need to be a licensed driver, but at all times
must be insured by the tow operator against injury as a result of
his employment. The driver of the licensee's equipment and any
nondriving assistant must not be under the influence of drugs or alcohol
when performing work on behalf of Warminster Township.
3.
During scheduled duty tow rotation, all licensees shall be available
24 hours per day, seven days per week, and shall have the ability
to be on the scene of an accident or disabled or impounded vehicle
within 30 minutes from their receipt of the Police Department's
call, with additional latitude provided in inclement weather or adverse
road conditions.
4.
Tow operators' dealings with the public. The tow operator shall
always act in a professional manner and at all times be courteous
and respectful toward members of the public, as well as representatives
of the Township. If members of the public, especially those whose
cars may have been towed or impounded, resort to strong language,
threats and unbecoming behavior toward the tow operator, the operator
is expected to exercise restraint and not to respond in kind and thereby
reflect unfavorably on the Township and/or the Township Police Department.
Repeated reports of discourteous behavior by the tow operator and/or
his employees, which can be substantiated and documented, may be considered
by the Township as sufficient cause for removal of the tow operator
from the rotation list established herein. The applicant shall be
responsible for the conduct of its employees; the Township accepts
no responsibility for their actions, nor are they agents of the Township.
5.
Rights of owners. After providing the tow operator with appropriate
personal identification and insurance verification, the owner of any
vehicle towed shall have the right to remove personal property in
the stored vehicle, as scheduled by the vehicle owner with the tow
operator during normal business hours, unless a police hold is marked
on the towing form. The tow operator shall make a reasonable effort
to accommodate after-hours requests made by the vehicle owner to remove
personal effects that are of critical immediate importance (e.g.,
prescriptive medicines), at the sole discretion of the tow operator.
The vehicle owner or his representative, with proper identification
and insurance verification, shall have the right to take photographs
of the stored vehicle during normal business hours, as scheduled by
the vehicle owner with the tow operator.
6.
Fees charged by the licensee to the vehicle owner are established
through resolution by the Township Board of Supervisors from time
to time, and are based on current prevailing rates for the area. Fees
shall not exceed the rate set forth by the Township unless amended
by the Township Board of Supervisors.
[Ord. 714, 3/28/2014]
1.
Removal from scene of an accident. It shall be unlawful for any person
to service or tow away any motor vehicle which has been involved in
an accident without the prior consent of the Township police officer
at the scene of the accident. No motor vehicle shall be serviced or
removed from the scene of an accident where the Township police officer
requires or requests that an examination be made of the damaged vehicle
to determine whether the vehicle was defective or where the Township
police officer requires or requests that photographs and/or diagrams
of the scene be made.
2.
Failure to remove debris. When called to the scene of an accident,
the duty tow operator shall be responsible for removing debris from
the roadway, such as glass, metal fragments, etc., leaving the roadway
free from such debris as required by the Pennsylvania Motor Vehicle
Code. Failure to remove debris shall be unlawful.
3.
Solicitation. It shall be unlawful for any person to drive along
any public street or highway (or to cruise) within the Township for
the sole purpose of soliciting towing and/or repair work. It shall
be unlawful for any person to solicit towing or repair work at the
scene of any motor vehicle accident, either on public property or
on a public highway within the Township.
4.
Destination of towed vehicle. The owner of the vehicle shall determine the destination of the vehicle to be transported by the tow operator, within a radius of not greater than five miles from the location of the subject vehicle. Payment in full at the time of the towing (using the fee schedule provided for in § 13-815) must be made by the owner of the vehicle or his designee for a tow to a designated tow location other than to the storage/impound lot owned and operated by the tow operator. If the owner of the vehicle does not or cannot specify the preferred destination for the disabled or impounded vehicle, the vehicle shall be towed to the storage/impound lot provided for in § 13-805, Subsection 1A(4), herein.
5.
Fees. No person operating pursuant to this Part 8 and participating as a licensee on the Township duty tow list pursuant to § 13-807 shall charge fees for any towing or storage service in excess of the fees established by the Township Board of Supervisors. Fees may be changed by resolution of the Board of Supervisors, with appropriate public notification.
[Ord. 714, 3/28/2014]
1.
Designation by owner/operator. A Township police officer may allow
the owner or driver of a vehicle involved in a motor vehicle accident
or a disabled motor vehicle to arrange for their own selection of
a tow operator to tow said vehicle, provided that, in the opinion
of the police officer, such a request does not impede traffic, the
vehicle will be towed away in a reasonable time, and does not require
the officer to remain at the scene after his normal responsibility
is concluded.
2.
If the owner or operator cannot remove the disabled or wrecked or
abandoned vehicle or refuses or fails to have the vehicle removed
within a reasonable time to ensure public safety, a Township police
officer shall call the towing licensee scheduled to the police duty
tow list to affect such removal.
3.
Nonemergency designation by owner/operator: In the event of a nonaccident
that does not involve the Township Police Department, an owner or
operator of a vehicle that is in need of towing services may designate
the person or establishment to tow the vehicle, whether or not such
person or establishment is licensed by the Township, provided that
such person or establishment complies with all applicable rules and
regulations in the safe towing of vehicles as established by state
and federal motor carrier regulations.
4.
Request of assistance or referral. When the owner or operator of
a vehicle asks the Township Police Department for assistance or information
in obtaining a tow truck in a nonaccident, the Township police officer
shall present to the owner or operator of the vehicle a list of all
licensed tow operators, which list shall include a schedule of fees
referenced herein in § 13-815A, and an indication whether
such tow operator maintains a heavy tow truck. The owner and operator
may then designate a licensed tow operator from the list and shall
thereafter be responsible for such fees and charges of the tow operator.
5.
Failure of tow operator to promptly arrive. A duty tow operator operating
within Warminster Township while scheduled on the duty tow list has
the duty to arrive on the scene of an accident or disabled or impounded
vehicle within 30 minutes after being notified by the Warminster Police
Department, unless there are extenuating circumstances such as inclement
weather and/or hazardous road conditions, that prevent the tow operators'
reliable arrival. If the call for towing or service assistance is
not answered or if the duty tow or heavy tow operator fails to respond,
within 30 minutes commencing from the time the tow operator is notified,
another tow operator from the same duty tow list, whether a standard
tow truck or a heavy tow truck, may be called; if a backup tow operator
is called to the scene, the first tow operator called shall not be
entitled to any compensation for that event.
6.
Notwithstanding the above provisions of this section, the Township
Police Department shall be authorized to contact the appropriate Bucks
County designated dispatch operator to obtain a tow operator in such
cases as the Township Police Department deems necessary and appropriate
to best provide for the public welfare and safety.
7.
In the event that an accident is of such proportions that none of
the tow operators can promptly remove the wreckage, the Township Police
Department is authorized to call in special equipment from whatever
source to clear the public highways and streets.
[Ord. 714, 3/28/2014]
1.
If the Township Police Department directs a tow operator to tow and
impound a motor vehicle, such operator shall provide the facilities
to store said vehicle. Any person called upon to impound a vehicle
for the Township Police Department must store the vehicle within the
limits of the Township unless directed otherwise by a member of the
Township Police Department.
2.
The Township Police Department may direct the tow operator, and the
tow operator shall comply, to tow a motor vehicle to the Police Department's
evidence impound lot provided on Township property, if the Police
Department requires the vehicle to be held as part of a criminal investigation.
3.
The tow operator shall be responsible for the collection of all fees
for services, towing or storage of any vehicle. Neither the Township
nor any of its agencies, departments or employees shall act as agent
for the collection of any fees, nor shall they be held responsible
in the event of nonpayment of any moneys due to any tow operator as
a result of the services performed in accordance with this Part 8.
All tow operators are authorized to collect fees scheduled in the
Code of the Township, in the event that the Township requests towing
or impounding.
4.
The tow operator is responsible for compliance with all applicable
rules and regulations regarding the impound and disposition of the
vehicle and shall provide all required notices.
5.
The Township Police Department shall maintain two rotating lists
of all duty tow operators, one list containing all licensed tow operators
operating standard tow trucks, and the other list containing licensed
tow operators operating a heavy tow truck. A person designated by
the Township Police Department Chief shall maintain the rotating list
of tow operators, from which the duty tow operator shall be called
to the scene of an accident for towing or service as required for
a disabled or impounded vehicle.
6.
The Township Police Department, in its sole discretion, shall determine
whether a standard tow truck or a heavy tow truck shall be required
for any particular tow, and shall call or otherwise notify the appropriate
tow operator from the rotating list that their services are required.
[Ord. 714, 3/28/2014]
The licensing of duty tow operators pursuant to this Part 8
shall create no new or additional liability for the Township. The
duties performed by the Township pursuant to this Part 8 are general
duties owed to the public. No person is authorized to create a special
duty to anyone either by representation, act or omission. Tow operators
pursuant to this Part 8 shall indemnify the Township to the fullest
extent allowable by law.
[Ord. 714, 3/28/2014]
1.
Inspection. The Township or its designee may cause to be inspected
each tow operator's place of business and licensed vehicles not
less than, but not limited to, once during the licensed period.
2.
Complaints. The owner or person in charge of any vehicle that the
Township has caused to be towed has a right to make a complaint against
the tow operator. Such complaint shall be made in writing to the Township
Manager, who shall forward a copy of the complaint to the tow operator
for information and/or resolution. The Township Manager shall make
a determination of the merit of such complaint, and take such action
as necessary to correct the matter if the complaint is validated.
3.
The Township shall permit the licensee to correct deficiencies, found
by inspection, complaint or otherwise, within the time frame as follows:
4.
Suspension. In the event that a tow operator fails to comply with
the provisions herein contained, the Township shall give written warnings
of notice to suspend, and to suspend, the tow operator from the list
of tow operators maintained at the Township Police Department. A copy
of the letter to suspend shall be sent by the Township Manager to
the Chief of the Police Department.
5.
Any such suspension of any operator's license shall continue
until all violations are corrected and the Township has had the opportunity
to reinspect the tow operator's business, and the violation is
found by the Township to have been remediated to the Township's
satisfaction. Such suspension will occur without rebate of license
fees and without further remuneration or compensation.
6.
Said tow operator shall be entitled, upon written request within
30 days of the written notice, to a public hearing before the Township
Board of Supervisors, to renew and approve, or terminate, said suspension.
7.
Revocation. A towing license shall be revoked by the Township Manager,
with written notice to the tow operator and a copy to the Township
and Chief of Police, upon a finding by the Township of any of the
following grounds and pending the decision of the Board of Supervisors
after a hearing. In this event, the license shall be null and void,
and no application and/or license fee shall be rebated:
A.
The license was procured by fraudulent conduct; or if the application
contains misinformation or false statement, omits a material fact
or a fact concerning the applicant was not disclosed at the time of
his making application, and such fact would have constituted just
cause for refusal to issue said license.
B.
The licensee fails to correct safety- or nonsafety-related deficiencies
within the allotted time provided herein.
C.
The licensee is subject of more than three validated written complaints
received by the Township Manager within a six-month period.
D.
The licensee's license had been suspended more than twice in
the calendar year.
E.
Failure of the licensee to comply with any of the terms of this Part
8 when, in the sole discretion of the Township Manager, such failure
is willful and intentional or when such failure or the reckless conduct
of the licensee or its operator jeopardizes the personal safety of
a police officer or any other individual.
[Ord. 714, 3/28/2014]
1.
Any person guilty of violating any of the provisions of this Part
8 shall be guilty of an offense.
2.
Any person committing an offense against any provision of this Part
8 shall, upon conviction therefor, be subject to a fine not to exceed
$50 for the first offense.
3.
Any person committing an offense hereunder, within six months of
his or its conviction of any prior offense hereunder, shall be fined
not less than $50 nor more than $1,000 and/or shall have his tow operator's
license suspended for a period of 60 days.
4.
Any person committing another offense hereunder, within 12 months
of his or its conviction of more than one prior offense hereunder,
shall be fined not less than $500, and shall have his tow operator's
license suspended for a period of 120 days.
5.
Upon 10 days' written notice and after a hearing before the
Township Manager, the Township may revoke a license issued hereunder
when it finds any of the following grounds:
A.
The tow operator illegally employed any means other than official
notification from the Township Police Department to obtain information
as to the location of the scene of an accident or disabled vehicle.
B.
The tow operator paid, in the form of a gratuity, any third person
not involved in the accident for information as to the location of
an accident.
C.
The tow operator has violated the fee schedule by overcharging. Such
allegations may be confirmed by written complaints from the public.
D.
The tow operator has violated any of the requirements of this Part
8 or any of the rules and regulations as established by the Board
of Supervisors, the rules and regulations of the Warminster Township
Police Department, or the laws pertaining to towing services under
the Pennsylvania Motor Vehicle Code.
6.
Any tow operator lawfully removed from either the standard tow truck
list or the heavy tow truck list by termination of a license granted
by the Township, shall immediately result in the termination of all
rights and privileges granted under this Part 8 as a duly licensed
tow operator.
[Ord. 714, 3/28/2014]
1.
The Township of Warminster Police Department shall cause a record
to be kept of all vehicles towed or impounded under this Part 8, and
shall be able at all reasonable times to furnish the owners or the
agents of the owners of those vehicles with information as to the
place of storage of the vehicle.
2.
The tow operator shall keep records of all towing for a period three
years or each year of the license if not renewed, as to the name of
the owner of the vehicle towed, the vehicle plate number, vehicle
identification number (VIN), location of event, amount charges and
date and time of tow call.
3.
Impounded vehicles. No impounded vehicle is to be released without
proper authorization from the Warminster Township Police Department.
4.
In order to reclaim a vehicle, the owner shall pay towing and storage
costs to the tow operator. The payment of towing and storage charges
shall not relieve the owner or driver of any vehicle from liability
for any fine or penalty for any violation that may be assessed under
the Pennsylvania Motor Vehicle Code, for which the vehicle was towed,
removed or impounded.
5.
If, after a period of 15 days, the vehicle in storage remains unclaimed,
the person having legal custody of the vehicle shall file with PennDOT
its form MV-952PP (06-03) or its successors (entitled: "Abandoned
Vehicle on Private Property Report by Property Owner"), in accordance
with § 7311 of the Pennsylvania Motor Vehicle Code (75 Pa.C.S.A.
§ 7311).
6.
If the vehicle has not been claimed after 30 days, the vehicle may
be transferred to a licensed vehicle salvage company, which will then
be responsible for filing the proper reports and disposing of the
vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania
Motor Vehicle Code (75 Pa.C.S.A. § 110 et seq., as amended).
7.
The Township of Warminster assumes liability only for the impounded
vehicles while they are stored in Township-owned secure lot(s) where
the vehicle has been towed for evidence collection. The Township Police
Department will notify the tow operator that towed the vehicle into
that police impound lot when the vehicle no longer needs to be held
for evidence, at which time that tow operator will recover the vehicle
for collection of fees and release of the vehicle to its owner or
designee.
8.
The Township of Warminster assumes no liability in collection of
bills or payment for towing or impound services except as noted elsewhere
in this Part 8.
[Ord. 714, 3/28/2014]
The following fee schedule is hereby established with respect
to fees under this Part 8. The fees established herein may be changed
from time to time by resolution of the Board of Supervisors:
B.
Storage: $45 per day after the first 24 hours.
C.
Oil dry: $15 per bag (forty-pound bag).
D.
Complex tows, recovery, or winching: $75 per hour (one hour minimum).
E.
Cleanup and/or administrative/paperwork fee:
(1)
Charged at the discretion of the tow operator: $40, maximum.
F.
Heavy duty tows: prevailing fee.
