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.
DISABLED OR WRECKED OR ABANDONED OR IMPOUNDED VEHICLE
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.
FLATBED WRECKER
A flatbed vehicle equipped with a roll body and winch designed
for and capable of lifting and transporting passenger and commercial
vehicles.
HEAVY-DUTY WRECKER
A vehicle with a minimum twenty-five-ton capacity designed
for and capable of lifting and transporting passenger and commercial
vehicles.
LEASED
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.
LICENSEE
A tower who has been issued a license by the Township of
Upper Southampton Township pursuant to the terms of this chapter.
PERSON
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
POLICE DEPARTMENT
The Police Department of the Township of Upper Southampton,
County of Bucks.
TOWER
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.
TOWNSHIP
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 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:
(1) One light-duty wrecker, wheel-lift wrecker; and
(3) One light-duty wrecker, wheel lift wrecker, or One flatbed wrecker.
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.
(1) The applicant shall permit inspection of the storage yard or facility
by the Township or Police Department; and
(2) The Police Department shall inspect all required vehicles for compliance
with the requirements and standards established herein.
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:
(1) General public liability insurance in the minimum amount of $1,000,000;
and
(2) Garage keepers' legal liability insurance in the minimum amount
of $100,000.
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.
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.