[HISTORY: Adopted by the Municipal Council
of the Municipality of Norristown as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-1-2005 by Ord. No. 05-04]
It is the purpose and objective of this article
to enable the Council of the Municipality of Norristown to provide
for the removal of damaged, disabled, abandoned vehicles or snowbound
vehicles of all types that have been deemed a hazard to the motoring
public within the Municipality and provide a safe storage of the vehicles
until their disposition.
A.Â
Towing contract. The Council of the Municipality of
Norristown is hereby authorized to enter into agreements with persons
and entities (hereinafter individually called "contractor") engaged
in the business of removing vehicles of all types that are damaged,
disabled or snowbound, and providing a safe storage of such vehicles
until their disposition ("towing contract").
B.Â
Towing fee schedule. The Council of the Municipality
of Norristown shall adopt a fee schedule for the removing of vehicles
of all types that are damaged, disabled, abandoned, or snowbound,
and providing a safe storage of such vehicles until their disposition
from time to time, by resolution ("towing fee schedule"). The towing
fee schedule may be reviewed annually by the Municipality and may
be changed at its discretion.
The contractor shall comply with the following
specifications:
A.Â
The contractor shall provide properly licensed and
operating equipment capable of handling any and all types of vehicles
which require towing services ("towing vehicles"). A list of such
towing vehicles shall be submitted to the Police Department.
B.Â
Vehicles must be able to be moved by the contractor
regardless of their state of damage.
C.Â
The towing vehicles shall be maintained in good operating
condition or a suitable replacement made so that the listed vehicles
will be available for the purposes of and the duration of the towing
contract.
D.Â
In addition to the removal of the vehicles, the contractor
shall clean up at the scene of any accident, removing hazardous substances,
broken glass, metal and other debris as required by the officer of
the Police Department in charge of the accident scene. Proper equipment
for such cleanups, including oil drying chemicals, brooms and shovels,
shall be carried on all of the contractor's responding towing vehicles.
E.Â
The contractor shall provide services as needed, on
a seven-days-a-week, twenty-four-hours-a-day basis. One telephone
number shall be supplied to the Police Department for use in requesting
service, which telephone shall be available at all times.
F.Â
The contractor shall dispatch towing vehicles in a
timely fashion to insure that such vehicle is on the scene within
15 minutes of the call for assistance from the Police Department.
Failure to respond in the aforementioned time period will result in
the calling of an alternate tower, and shall be a contractor default
under the towing contract.
G.Â
The contractor shall own or lease a storage area within
a five-mile radius of the boundaries of the Municipality of Norristown,
in a properly zoned area, sufficient in size for the storage of at
least 20 vehicles. The area shall be secured with a locked gate and
surrounded by a fence that is at least six feet in height. If the
contractor has not complied with this specification within 30 days
after the date of a towing contract, then the appointment of the contractor
and the towing contract shall become null and void and terminated
upon written notice by the Municipality. This area shall comply with
all related Municipal ordinances for the storage of vehicles, and
shall be open for inspection by Municipal officials and for pick up
of vehicles by owners, provided they meet the conditions hereof. Authorized
person(s) seeking to recover a towed vehicle shall have proper identification
and the Municipality of Norristown Police towing release and shall
be permitted to remove their vehicles upon payment of proper charges
in accordance with the towing fee schedule, in cash between 8:00 a.m.
and 8:00 p.m. on a seven-days-a-week basis. The daily storage fee
shall be assessed on a twenty-four-hour basis that commences at the
time of the tow. The Municipality of Norristown Police shall have
access to any towed vehicle on a twenty-four-hour basis. If a towed
vehicle is not released under the above-stated conditions, the contractor
shall be in default under the towing contract.
H.Â
The contractor shall pay to the Municipality an annual
license fee established from time to time by resolution of the Council
of the Municipality of Norristown.
I.Â
The contractor shall not charge a fee for the towing
of any vehicle owned by the Municipality.
J.Â
The contractor shall acquire and maintain communications
(two-way nonpolice radio frequency) equipment that is compatible with
that used by the Police Department. If the contractor has not complied
with this specification within 30 days after the date of a towing
contract, then the appointment of the contractor and the towing contract
shall become null and void and terminated upon written notice by the
Municipality.
K.Â
The contractor shall not give advice in any manner
regarding any person, company or entity that performs vehicle repairs
regarding vehicles towed by the contractor.
L.Â
If a vehicle owner or lessee or other authorized representative
of the owner or lessee requests the vehicle to be towed to another
location, the contractor shall advise the customer in advance of any
charges in addition to the towing fee schedule.
M.Â
If the contractor is called by the Municipality Police
Department to perform any other service(s), the contractor agrees
to charge only the amount designated in the towing fee schedule for
that (those) specific service(s).
N.Â
As required by § 7301 of the Pennsylvania
Vehicle Code, the contractor shall comply with the requirements of
that chapter, possess a salvor's certificate of authorization and
be capable of performing the duties of a salvor in a manner consistent
with the public interest. The contractor shall file a copy of its/their
salvor's license with the Police Department.
O.Â
All complaints against the contractor will be investigated
and recorded. Any one or more violations may result in a contractor
default and termination, within the sole discretion of the Municipality.
P.Â
The contractor shall pay workmen employed in the performance
of the towing contract not less than the prevailing minimum wage rate
as determined for various crafts or classification by applicable federal
and state governmental agencies.
The provision of towing services within the
Municipality shall not be on an exclusive basis. The Municipality
reserves the right to execute towing contracts with multiple contractors.
If more than one contractor is selected, then the services to be performed
by the contractor shall be on a monthly, bimonthly, quarterly or other
basis as determined within the sole discretion of the Police Department.
The Police Department shall establish a schedule on a rotating basis
and provide each contractor with a copy thereof.
A.Â
The contractor shall have its principal place of business
and towing vehicles to be used situated within a five-mile radius
of the Municipality of Norristown, Montgomery County, Pennsylvania.
B.Â
The contractor shall supply a complete list of all
towing vehicles, giving a description of the make, model, towing capacity,
and license numbers so that the Police Department will be able to
identify the equipment available to it.
C.Â
The contractor shall have a clean business record
that would withstand a police background investigation.
D.Â
The contractor and its shareholders, officers and
directors shall not have been convicted of fraud, theft, receiving
stolen property and/or other dishonest business practices.
E.Â
The contractor shall comply with the specifications
and all other terms of this article.
A.Â
The contractor shall be responsible for the care and
protection of all vehicles and their contents when towing or storing
vehicles for the Municipality, and shall be required to procure and
maintain proper insurance coverage. The contractor shall supply five
copies of current certificates of insurance from companies licensed
to do business in the Commonwealth of Pennsylvania and acceptable
to the Municipality as follows:
(1)Â
Worker's compensation insurance: worker's compensation
insurance for its employees in accordance with statutory requirements
of the commonwealth. The contractor shall execute an affidavit accepting
the provisions of the Worker's Compensation Act of 1915, as amended.
(2)Â
Public liability insurance: public liability insurance
covering the contractor, its subcontractors and the Municipality for
injury or damage caused directly or indirectly by it or its employees
for the following limits and in the future may be adjusted by resolution
of Municipal Council:
B.Â
The Municipality of Norristown shall be named as an
additional insured on such policies. Thirty days' notice of cancellation
of any such policies shall be provided to the Municipality.
C.Â
A subcontractor retained by the contractor to provide
services shall be required to maintain the insurance coverages required
of the contractor and shall provide evidence of insurance acceptable
to the Municipality prior to commencing work hereunder.
D.Â
If the contractor receives notice of cancellation
or nonrenewal of any or all of the coverages set forth above, the
contractor shall notify the Municipality of such cancellation or nonrenewal
immediately. The contractor shall cease all work until coverage acceptable
to the Municipality is obtained by the contractor.
Prior to the issuance of the towing contract,
the contractor shall deposit with the Municipality the sum of $1,000
in cash to be held as a guarantee for faithful performance. In the
event that the Municipality gives notice of failure to properly perform
and in the further event the contractor fails to comply with the terms
of said notice, in addition to any and all remedies of the Municipality
at law or in equity, the actual cost incurred by the Municipality
for performance of the duties required shall be deducted from the
deposit and paid to the Municipality to remedy the contractor's default.
Should the amount of the deposit diminish to an amount less than $500,
then, upon direction of the Municipality Administrator or the Chief
of Police, the contractor shall be required to increase the deposit
to the original sum of $1,000 within five days of written notice.
In the event of the failure of the contractor
to provide the work required, the Municipality may, upon 24 hours'
written notice by certified mail, return receipt requested, declare
the contractor in default and terminate the towing contract. The Municipality
shall have the right, but not the obligation, to make arrangements
for the towing of vehicles at the cost and expense of the contractor.
The Municipality shall have the power to determine, at its sole discretion,
whether there has been a default or a violation by the contractor.
In the event the contractor is required to hire
subcontractors to assist in the performance of any obligation, the
contractor shall alone be liable for payment to the subcontractor
for services rendered. The contractor shall not hire a subcontractor
to assist in the performance of contractor's obligations under the
Municipality contract without the prior written consent of the Municipality.
The contractor's charges for services rendered
by the contractor shall be submitted directly to the owner or lessee
of the vehicle involved, in consideration for the work performed by
the contractor. The Municipality shall not be responsible for or pay
any of the charges, costs or consideration. The prices for towing
services shall be pursuant to the towing fee schedule.
When a snow emergency has been declared by the
Municipality, and nonaccident vehicles are towed by police order,
then the towing charge shall be as set forth in the towing fee schedule.
In addition, all vehicles towed under this provision shall not be
assessed the administrative towing fee.
[Adopted 7-7-2009 by Ord. No. 09-13]
The purpose of this article is to prevent private towing companies
in Norristown from charging exorbitant fees and rates for towing vehicles
in Norristown by regulating said fees and rates and to require that
private towing companies obtain an annual license from the Municipality
of Norristown for the privilege of operating a towing company in Norristown.
For purposes of this article, the following terms shall have
the following meanings:
Business is 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 article, 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.
The Chief of Police of the Municipality of Norristown or
his/her designee.
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle. This permission shall be in the
form of power of attorney.
As defined in the Vehicle Code.
The Municipality of Norristown, Montgomery County, Commonwealth
of Pennsylvania.
An individual, firm, partnership, association, employee,
corporation, company, or organization of any kind.
A non-municipal parking lot open to the public or used for
parking without charge, or a non-municipal 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.
An individual, firm, partnership, association, corporation,
company, organization, or designee representing the owner of the property
from which the vehicle is being towed.
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.
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 private towing license is required for any towing company
engaged in the business of towing vehicles from private property in
the Municipality. A private tower shall be licensed annually in accordance
with the provisions of this section.
A.Â
Application for license. Applications for a license shall be submitted
to the Chief of Police upon forms prepared and made available by the
Municipality. The application form(s) shall be properly completed,
signed and accompanied by the application and license fee.
B.Â
Issuance of license(s). A private towing license shall be issued
only to towing companies that comply with the provisions of this article.
C.Â
License fee. The license fee under this article for the original
application for a private towing license shall be established by Council
and set forth in the Norristown Fee Schedule, and may be amended from
time to time by resolution of Council. The application fee shall be
nonrefundable.
D.Â
License renewal. All licenses, except those terminated for just cause as provided herein, are subject to an annual renewal fee that shall be established by Council and set forth in the Norristown Fee Schedule, and may be amended from time to time by resolution of Council. The renewal fee shall be paid within the first quarter of each calendar year. If a license is not renewed within the first quarter of each calendar year, a new license must be obtained at the license fee set forth in Subsection C of this section.
E.Â
Changes to license information. All licensed towing companies shall
be required to notify the Chief of Police within 24 hours of any modifications
to information provided in the tower's license application.
A.Â
The storage facility shall be owned or leased by the towing company.
B.Â
The storage facility shall comply with zoning regulations applicable
in the jurisdiction where the facility is located.
C.Â
The storage facility shall be, at a minimum, 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.
D.Â
The towing company is responsible for the security of the stored
vehicles.
E.Â
(Intentionally left blank.)
[Amended 12-1-2009 by Ord. No. 09-28]
F.Â
Release of towed vehicles under a private towing license shall be
completed within a two-hour time period following receipt of the request
of the owner/custodian to release the towed vehicle. The two-hour
release period shall be applicable only during regular business hours
of the private towing company.
[Amended 12-1-2009 by Ord. No. 09-28]
G.Â
Release of personal property from a towed vehicle that is not attached
to the vehicle shall be made within a two-hour time period following
receipt of the request of the owner/custodian to return the property.
No fee shall be charged for the return of personal property from a
towed vehicle that is not attached to the vehicle. The two-hour release
period shall be applicable only during regular business hours of the
private towing company.
[Amended 12-1-2009 by Ord. No. 09-28]
Fees and rates for towing by licensed private towing companies,
by class of vehicle, as set forth in Subsection A below, and for storage,
set forth in Subsection B below, shall be established by Council and
set forth in the Norristown Fee Schedule, and may be amended from
time to time by resolution of Council. The fees established for towing
and storage are the maximum fees that may be assessed.
A.Â
Fees for private tows: Maximum towing fees (including use of dollies)
shall be established by Council and set forth in the Norristown Fee
Schedule for the following classes of vehicles for each wrecker required
to complete the tow request:
(1)Â
Class 1: light duty, less than 5,000 pounds.
(2)Â
Class 2: light duty, 5,001 to 10,000 pounds.
(3)Â
Class 3: medium duty, 10,001 to 26,000 pounds.
(4)Â
Class 4: medium duty, 26,001 to 60,000 pounds.
(5)Â
Class 5: heavy duty, 60,000 to 80,000 pounds.
(6)Â
In the event fees other than authorized are charged because of unusual
circumstances, the Chief of Police shall be notified in writing within
72 hours after the tow of the fee charged. No vehicle shall be removed
under the authority of this article if, at the time of the intended
removal, the owner or custodian of the vehicle is present and expresses
a willingness and intention to remove the vehicle immediately. In
these instances, the towing company shall charge no more than a fee
established by Council and set forth in the Norristown Fee Schedule,
which may be amended from time to time by resolution of Council, for
responding to the scene and the limited services provided. The towing
company shall make reasonable accommodations to permit the owner/custodian
to obtain payment for the fee charged.
B.Â
Storage fees. Maximum fees chargeable by a licensed private towing
company against a vehicle owner/custodian for the storage of towed
vehicles shall be established by Council and set forth in the Norristown
Fee Schedule, and may be amended from time to time by resolution of
Council, for the following:
(1)Â
A maximum fee for the first twenty-four-hour period from the time
the wrecker arrived at the scene.
(2)Â
A maximum fee for each calendar day or portion thereof after the
first 24 hours for all classes of vehicles.
(3)Â
(Intentionally left blank.)
[Amended 12-1-2009 by Ord. No. 09-28]
(4)Â
Protection fee. A towing company may assess the vehicle owner or
custodian a fee in addition to the towing fee and any other applicable
fees for covering motor vehicles or safeguarding the vehicle within
a towing facility with open convertible tops, open windows and/or
open areas that will allow weather to penetrate the interior of the
vehicle.
(5)Â
Method of payment. Due to the unexpected and costly nature of persons
having their vehicles towed, towing companies shall, in addition to
cash payment, accept at least two major credit cards for payment of
towing and storage services and shall not charge a premium or additional
fee for using a credit card.
Repossession towers are exempt from this article so long as
they comply with all appropriate state and local statutes.
The Chief of Police shall notify the towing company owner within
14 days of receipt of any complaint against a towing company that
will be investigated by the Police Department.
Any towing company that operates within the Municipality and
is not licensed as required by this article shall be subject to a
fine, upon being found in violation of this article in a civil action,
of not less than $300 nor more than $600.
Any towing company or its employee who violates any provision
of this article may be subject to administrative sanctions ranging
from written warning to termination of license. The towing company
shall be notified in writing no less than five 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 14 calendar days to appeal the termination,
in writing, to the Municipal Administrator. The Administrator or his/her
designee shall hold the hearing within 10 calendar days of written
receipt of the towing company's request for an appeal. The towing
company may appeal the Administrator's decision, in writing,
to Municipal Council within 10 calendar days of the receipt of the
Administrator's decision.
Upon being found to be in violation of any provision of this article, in addition to the penalty listed in § 293-19 above, a towing company may be fined not less than $300 or more than $600. Additionally, upon being found to be in violation of any provision of this article, a towing company shall have its license revoked for a period of one year.
