[HISTORY: Adopted by the Board of Supervisors of the Township
of Upper Southampton 8-18-2009 by Ord. No. 395. Amendments noted where
applicable.]
For the purpose of this chapter, the following words and phrases
shall have the meanings indicated hereinbelow. When not inconsistent
with the context, words used in the present tense shall include the
future; words used in the plural shall include the singular. The word
"shall" is always mandatory and not merely directory.
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, or other vehicle or device in, upon or by which any person
or property is or may be transported or drawn upon a highway, road
or street, which is no longer capable of safe operation on a highway,
road 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 Upper Southampton.
A flatbed vehicle equipped with a roll body and winch designed
for and capable of lifting and transporting passenger and commercial
vehicles.
A vehicle with a minimum twenty-five-ton capacity designed
for and capable of lifting and transporting passenger and commercial
vehicles.
Vehicles must be leased for a fixed period of greater than
three years and for a fixed flat rate. Lessor must be a business,
company, entity or corporation whose usual and customary business
is that of leasing motor vehicles.
A tower who has been issued a license by the Township of
Upper Southampton Township pursuant to the terms of this chapter.
A vehicle designed for and capable of lifting and transporting
passenger vehicles.
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
The Police Department of the Township of Upper Southampton,
County of Bucks.
A person engaged in the business of offering the services
of vehicle, wrecker; tow truck, car carrier, or other vehicle, whereby
disabled or wrecked or abandoned vehicles are towed or otherwise removed
from the place where they are disabled or wrecked or abandoned by
use of a vehicle so adapted to that purpose.
The Township of Upper Southampton, County of Bucks.
No person shall offer his/her services to or be called by the
Township or the Police Department as a tower for the purpose of removal
of disabled or wrecked or abandoned vehicles unless that person is
the holder of a current towing license as hereinafter provided.
A.
An application for a towing license shall be made to the Police Department
on a form provided by the Police Department, which application shall
require the following minimum information and documents:
(1)
The name, address and telephone number of the business for which
the towing license is sought;
(2)
The type of business organization under which the business is operated
(i.e., sole proprietorship, partnership, corporation, etc.);
(3)
The name, home and business address and telephone numbers of all
the owner(s) or, in the case of a corporation, stockholder(s) of the
business for which the towing license is sought;
(4)
The signature of the owner(s) or chief executive officer of the business
for which the towing license is sought;
(5)
A list of tow trucks, vehicle wreckers, car carriers, or other vehicles
available for service to the Township, including a description of
each vehicle or piece of equipment (type, make, model, year, etc.),
the name and address of the owner/lessee of each vehicle or piece
of equipment and their location and hourly availability;
(6)
The address and description of the premises upon which any disabled
or wrecked vehicles will be towed and/or stored, including the size
of the area on the premises available for storage of vehicles, the
approximate number of vehicles which may be stored in the area, whether
said area is fenced, and a description of any security precautions
or protection methods for vehicles stored in said area;
(7)
A certificate of insurance or other proof acceptable to the Township
that the applicant has obtained the general liability and garage keeper's
liability insurance required for the issuance of a towing license.
(8)
An agreement to indemnify and hold harmless the Township for any
and all losses or expenses incurred by virtue of any acts performed
in the course of service.
B.
The application for a towing license shall be accompanied by an application
fee in the amount of $100. The application fee may be amended from
time to time by resolution of the Township Board of Supervisors.
C.
The application for a towing license shall be reviewed by the Police
Department within 31 days of receipt of the application and the application
fee. The Police Department shall thereafter advise the applicant whether
or not the license has been approved.
D.
Towing licenses shall be issued for a period of one year, commencing
on January 1 and terminating on December 31 of each year. Any applicant
whose application for a license has been approved shall be issued
a license effective the following January 1. In the event that there
are less than two licensed towers approved by the Police Department,
the Police Department may issue licenses during the calendar year
in order to increase the number of licensed towers to two.
E.
An application shall not be deemed received by the Police Department
unless it contains all the information and documents set forth in
this section and the application fee.
A towing license shall be issued to all applicants who meet
all of the following requirements:
A.
The following vehicles shall be owned or leased exclusively by the
applicant, garaged on the premises from which the applicant's
towing business is conducted, and available on call for the service
at the request of the Township or the Police Department:
B.
All of the aforesaid required vehicles shall bear a sign indicating
the name and telephone number of the applicant's towing business.
The applicant shall make said vehicles available for inspection by
the Township or Police Department.
C.
A six-foot-high fenced-in storage yard or other secure facility,
open or closed, shall be located on the premises from which the applicant's
towing business is conducted, and such yard or storage area shall
be authorized by the appropriate zoning, use, occupancy and other
municipal permits. A storage area shall be a minimum of 10,000 square
feet must be provided and shall have a building that is capable of
storing at least two vehicles inside. The applicant shall install
screening and comply with all the provisions of the state and federal
highway beautification acts.
D.
The applicant's place of towing business shall be located within
the Township boundaries in order that the response time to a call
for service is immediate.
E.
All applicants shall maintain the following insurance and present
proof thereof to the Township or Police Department, at the time of
application or upon request:
F.
Each insurance policy required herein shall contain an endorsement
providing 10 days' notice to the Township of Upper Southampton
in the event of any material change or cancellation for any cause.
Written notice to the Township shall be the responsibility of the
issuing company.
G.
All of the aforesaid vehicles shall be equipped with a two-way communication
system such as two-way radios or mobile telephones.
A towing license shall be issued to each applicant whose application
has been approved by the Police Department.
A towing license is issued by the Police Department 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 the Police Department, and that payment
for services pursuant to said license shall be by the owner, operator
or custodian of the disabled, wrecked or abandoned vehicle.
A.
All licensees shall keep and maintain all of the vehicles listed
on their applications in a safe and operable condition, and in a condition
that shall pass the motor vehicle inspection standards of the Commonwealth
of Pennsylvania. Said vehicles shall be immediately available to answer
calls for service by the Police Department. All licensees shall not
use or employ a vehicle that is not listed on the towing license application
(or filed an amendment to the application listing any new equipment).
B.
All licensees shall insure any operator 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 his/her operator obeys all laws of the Vehicle Code of
the Commonwealth of Pennsylvania.[1]
[1]
Editor's Note: See 75 Pa. C.S.A. § 101 et seq.
C.
All licensees shall respond within 15 minutes from their receipt
of the Police Department's call requesting service to the arrival
of the licensee's appropriate towing vehicle at the location
of the disabled or wrecked or abandoned vehicle, except in bad weather
or adverse road conditions.
D.
Fees charged by the licensee, when towing or storing towed vehicles as an independent contractor at the request of the Police Department shall be normal and customary and at the comparable prevailing rate charged by other licensees located in Upper Southampton Township. Failure to comply with the terms and with this Subsection D may result in the immediate revocation of the towing license in accordance with § 166-9 below.
E.
All licensees shall be responsible for removing vehicular parts and
debris from the highway.
B.
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, the Police Department shall call the towing
licensee assigned to the police duty tow to effect such a removal.
Requests by the owner or operator will be honored for outside wreckers
if, within the officer's opinion, traffic will not be impeded
and the vehicle is to be towed away within a reasonable time.
C.
The Police Department shall establish reasonable rules and regulations
to implement this chapter, including but not limited to the establishment
of a duty tow schedule, rotation of assignments, and the use of the
duty tow by the Township police officers.
A.
The Township reserves the right to suspend the license of a licensee
at any time if an inspection by a Township police officer or a Township
official determines that the required equipment is missing or inoperable
or unsafe; and/or the tower fails to respond to a service call within
15 minutes; and/or the tower charges fees that are not normal and
customary and/or in excess of the comparable prevailing rates charged
by other licensees located in Upper Southampton Township. Any such
suspension of any licensee's license shall continue, without
rebate of either the application fee or license fee until such time
as the Township determines the licensee is in full compliance with
the terms and conditions of the regulation.
(1)
The licensee agrees to execute a hold-harmless agreement for any
and all claims, actions or causes of action arising from suspension
of license for the reasons set forth above at the time of initial
application for towing license.
(2)
The Township shall give the operator warnings or notice that the
licensee is in violation of the provisions and terms of this regulation
prior to any formal action to suspend the license. The Township shall
permit the licensee to correct deficiencies within the time frames
as follows:
B.
A towing license shall be revoked upon a finding by the Township
any of the following grounds:
(1)
The license was procured by fraudulent conduct or false statement
or omission of a material fact, and, in this event, the license shall
be null and void and as if an application had never been filed.
(2)
The licensee failed to perform or violated any of the duties of a
licensee set forth hereinabove.
(3)
The licensee no longer meets all the standards for issuance of a
towing license.
(4)
The licensee's application is found to be defective in any way
or contains misinformation or omissions of fact, and, in this event,
the license shall be null and void and as if an application had never
been filed.
(5)
The licensee failed to correct safety related or non-safety-related
deficiencies within the allotted time as provided above.
(6)
The licensee's license had been suspended three times.
(7)
Failure of the licensee to comply with any of the terms of this chapter
when, in the sole discretion of the Chief of Police, 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.
C.
Complaints.
(1)
The owner or person in charge of any vehicle that this Department
has caused to be towed and who has a complaint against the towing
service may file a written complaint with the Chief of Police.
(2)
The Chief of Police 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.
The Township or Police Department is authorized to contact the
owner or operator of a heavy-duty wrecker to remove disabled, wrecked,
abandoned or impounded vehicles. The owner or operator of a heavy-duty
wrecker is exempt from the requirements of this chapter.
