[HISTORY: Adopted by the Board of Commissioners of the Township of Manheim 2-13-1995 by Res. No. 1995-8 (Part 6, Ch. 2, Art. F, of the 1976 Code of Ordinances). Amendments noted where applicable.]
The no-preference towing lists and modified regulations relating thereto are hereby adopted as part of the rules and regulations of Manheim Township as promulgated by the Manheim Township Police Department. Applications for placement on the lists shall be on the form or forms prepared and maintained by the Manheim Township Police Department.
The Police Department will maintain two lists of towers for vehicles the owner of which does not have a specific tow company he/she prefers to remove his/her vehicle.
To comply with the requirements of the Vehicle Code in regard to the removal of a vehicle to the nearest place of safety, no-preference towers must have a storage area located within Manheim Township, East Petersburg, or Lancaster Township; however, if police service to East Petersburg or Lancaster Township is ever discontinued, then the storage facility must be located within Manheim Township or such remaining municipality to which Manheim Township continues to provide police services.
[Amended 11-12-2012 by Ord. No. 2012-15]
This storage location must be a storage facility with a minimum of 1,500 square feet. A company on both the car list (1) and the heavy duty list (2) will be required to have a minimum of 3,000 square feet.
This facility must be owned or leased by the company, proof of which must be furnished to the Police Department prior to a company being placed on the tow list. If a leased property, a current copy of the lease must be provided to the Police Department. The storage location must have a business office on site which is staffed during normal weekday business hours (8:00 a.m. to 4:00 p.m. or 9:00 a.m. to 5:00 p.m.) by an employee of the company. Equipment must be dispatched from and stored at this location.
[Amended 5-29-2018 by Ord. No. 2018-06]
Customers and Police Department personnel must be able to contact the towing service by phone, to have a representative be at the storage area within 20 minutes of the call, unless mutually agreed upon by both parties, during normal business hours (8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays).
Normally be available for contact and/or response 24 hours/day, 365 days/year.
Have in effect and maintain at least $100,000 worth of garagekeeper liability insurance for the indemnifying of the owner of every vehicle against the loss thereof, or injury or damage thereto, while in the custody of such business. A certificate of said insurance shall be provided to the Police Department by the insurance carrier.
Maintain automobile liability insurance in an amount not less than $500,000. A certificate of insurance shall be provided to the Police Department by the insurance carrier.
A List 1 tower is required to have one of the trucks listed in Subsection I(1) or (2) directly below, but not both. A company that has a tow truck and not a rollback/carrier unit is required to have dolly wheels on the tow truck.
Must have at least one light-duty towing unit for passenger cars, pickup trucks and other light vehicles, which shall meet the following specifications:
The truck chassis must have a minimum manufacturer's capacity of 145,000 pounds' GVWR.
Have a boom capacity of 8,000 pounds minimum and power winch pulling capacity of 8,000 pounds minimum.
Have a minimum of 100 feet of three-eighths-inch or larger cable on each drum.
Wheel lift apparatus or belt-type cradle sling to pick up vehicles.
Dual rear wheels.
Have a rollback or carrier-type unit with the following minimum characteristics:
The truck chassis shall have a minimum manufacturer's capacity of 145,000 pounds' GVWR.
Have power winch pulling capacity of at least 8,000 pounds.
Have 100 feet of three-eighths-inch or larger cable, or 50 feet of three-eighths-inch or larger cable with 50 feet or extension cable of equal or greater strength.
Dual rear wheels.
List 2 towers must have a heavy-duty tow truck, which shall meet the following minimum manufacturer's specifications:
The truck chassis shall have a minimum manufacturer's capacity of 36,000 pounds' GVWR.
Have a boom capacity of not less than 50,000 pounds.
Have a power winch pulling capacity of not less than 50,000 pounds.
Have a minimum of 150 feet of five-eighths-inch or larger cable on each drum.
Have air brakes and be constructed so that wheels lock automatically upon failure and maxi-brake-type parking brake.
Be equipped with a brake-buddy-type device for towing heavy vehicles with brakes on the towed vehicle.
All tow trucks must be owned by the tow company, or leased to the tow company from a bank, dealer, or recognized leasing company.
All tow trucks shall display the company name, city located, and any other information required by state law. This information shall be of contrasting color to the truck color and shall be permanently affixed to both sides of the truck. All lettering shall be at least three inches high. Magnetic signs are not permitted.
When contacted for towing service, the tower must normally arrive at the scene within 20 minutes, Monday through Friday, 7:00 a.m. to 6:00 p.m., except holidays. At all other times, a tower must normally arrive at the scene within 30 minutes from the time of notification.
The responding tow truck must be from the list of equipment provided to the Police Department. No calls may be referred to another company, nor another company's tow truck used as a substitute.
When towing a vehicle from the scene of an accident, it is the tower's responsibility to remove any and all debris, dirt, leaked fluids, etc., from the scene.
Towing service operators shall transport a vehicle to any location requested by the owner/driver after payment arrangements have been made, unless directed otherwise by police. If the owner/driver has no specific location for the vehicle to be taken, and no instructions are given by the police as to where the vehicle is to be towed, all vehicles must be taken to the storage location listed on the application.
If a vehicle involved in an accident needs to be towed, and the request for towing service goes directly to the tower, the vehicle shall not be towed without notifying and receiving approval from the Police Department.
Until legislation or PennDOT rules and regulations are enacted, all tow trucks must be equipped with flashing or revolving yellow lights, as authorized by the Vehicle Code. The flashing or revolving lights shall be operated while at the scene and as required by the Vehicle Code. In addition to Vehicle Code limitations and requirements:
The flashing or revolving lights shall not be operated when responding to the scene.
The flashing or revolving lights may be operated on a tow truck when in engaged in actual towing of a vehicle from the scene to the storage facility or place of repair.
The flashing or revolving lights shall not be operated on a rollback or carrier-type unit when hauling a vehicle unless a vehicle is actually in tow.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
All charges for services shall not exceed those as published by the tow company and filed with the Police Department.
The application shall contain and the tower shall separately sign a nonliability of Township agreement, in which the tower agrees that Manheim Township and its Police Department shall not be liable to the tower for any services performed by the tower in connection with the removal and storage of vehicles pursuant to this chapter or charges incidental thereto. The tower shall seek reimbursement exclusively from the owner of the vehicle.
[Amended 5-29-2018 by Ord. No. 2018-06]
Applications to be placed on the no-preference tow list(s) will be on a form as prescribed by the Police Department. Towers who wish to be on the list shall pay an annual fee of $250 to the Police Department.
The application shall contain and the tower shall separately sign a hold harmless agreement in which the tower agrees to hold the Township and Township Police Department, and officials, officers, agents and employees of the Township and the Township Police Department, harmless from any and all claims arising out of any activities on the part of the tower pursuant to the towing and storage of vehicles, including but not limited to any claims for personal injury or property damage, economic loss, and attorneys' fees and costs, including any claims by the tower or tower's employees. (This provision is intended to include any negligence on the part of the Township as well as on the part of the tower and its employees and any other persons.)
The tower agrees that a representative of the Police Department may, at any time, inspect the premises of the business, including tow bills for service, to insure compliance with the regulations as set forth. These inspections may be unannounced and take place at the discretion of the Police Department. Refusal by the tower or his employee to produce any documents requested or verification of any documents or documents altered to show erroneous information shall be grounds for permanent removal from the tow list(s).
The application shall contain and the tower shall separately sign an agreement to fully and faithfully abide by the regulations as set forth, and violations of any of the provisions shall be handled in accordance with the following:
Any application received by the Police Department from a no-preference tower which contains any false information shall be immediately rejected, and the tower shall not be permitted to reapply for the no-preference tow list(s) for a period of one year.
Copies of the documents comprising the appendix are available at the Police Department.
The information in these appendixes is subject to change. If there are any changes, a supplemental appendix will be issued. The date of the reissue will be designated in the lower left-hand corner of the reissued appendix. The reissued appendix should be attached to this order and will replace the changed appendix.