[HISTORY: Adopted by the City Council of the City of Altoona 3-13-2002 by Ord. No.
5495. Amendments noted where applicable.]
The purpose of this chapter is to provide for a convenient and
equitable towing system for the timely removal of motor vehicles damaged,
abandoned, immobilized, illegally parked or disabled on public rights-of-way
or public property within the City of Altoona.
As used in this chapter, the following terms shall have the
meanings indicated:
The Chief of Police of the City of Altoona or the Chief's
designee.
The City of Altoona, County of Blair, and State of .
A secured area for the storage of towed vehicles.
Any business engaged in the towing, removing or storing of
motor vehicles at the request of the City of Altoona. This includes
the towing company owner and its employees.
The list of licensed towing companies maintained by the Chief
of Police.
For the purposes of this chapter, all automobiles, trucks,
truck tractors, trailers and other vehicles of any kind shall hereafter
be referred to as "vehicles."
A vehicle designed and used for removing and transporting
motor vehicles. This term shall also include a rollback truck, tow
truck or other vehicle commonly used to perform towing services.
The Chief of Police and any police officer and or authorized
employee of the City of Altoona Police Department designated by the
Chief of Police are hereby authorized to:
A.
Order to be removed, cause to be removed, or remove and impound vehicles
in accordance with the appropriate sections of the Pennsylvania Vehicle
Code, 75 Pa.C.S.A. § 101 et seq.
B.
Order to be removed, cause to be removed, or remove and impound any
vehicle parked on any City street, highway, or public property of
the City in violation of any other provision of the Pennsylvania
Vehicle Code, City ordinance or traffic rule.
Any towing company engaged in the business of towing vehicles
at the request of the City of Altoona from highways, public rights-of-way,
or other public property in the City shall be licensed annually in
accordance with the provisions of this section.
A.
Applications for license. Applications for license shall be submitted
to the Chief of Police upon forms prepared and made available by the
City. The application form shall be properly completed, signed and
accompanied by the license fee. The Chief of Police shall review and
inspect the required storage facility and towing equipment and all
applications for compliance with the terms of this chapter.
B.
Application/license fee. The nonrefundable application/license fee
shall be in the amount as established by resolution of the City Council
and payable to the City of Altoona. This fee is imposed to cover the
cost of wrecker/storage facility inspection and license documentation
processing.[1]
C.
Issuance of license. A towing license shall be issued only to towing
companies that comply with the provisions of this chapter. The issuance
of a towing license shall not create a property right for the towing
company.
D.
License renewal. All licenses, except those terminated for just cause
as provided herein, are subject to an annual renewal fee as established
by resolution of the City Council to be paid to the City of Altoona
each January. This fee is imposed to cover the cost of reinspection
and license renewal document processing.[2]
To be licensed to tow vehicles at the request of the City, towing
companies shall maintain the following:
A.
At least one wrecker that is in safe mechanical condition, and properly
titled and registered.
C.
All wreckers shall be clearly marked with the towing company's
name and telephone number on each side of the vehicle.
D.
All wreckers shall be equipped with appropriate safety equipment
(fire extinguisher, traffic vests, warning devices, etc.) and any
other equipment necessary to perform the function and comply with
the Pennsylvania Vehicle Code regarding removal of debris (including
but not limited to absorbent materials for leaks and roadway spills).[2]
E.
Towing companies shall provide its employees training on the proper
cleanup of accident debris from the roadways.
F.
Established place of business and storage facility.
(1)
The towing company shall be directly accessible 24 hours a day, by
no more than one phone number. The employment of answering machines
or other such devices is not considered as making the company directly
accessible.
(2)
All towing companies and their respective storage facilities used
for impoundment of vehicles towed at the request of the City shall
be located within three road miles of the Altoona City Hall located
at 1301 12th Street, Altoona, Pa.
(3)
The storage facility shall be owned or leased by the towing company
owner.
(4)
The storage facility shall be capable of storing no less than three
standard-sized vehicles and of being locked, preventing general access
to vehicles therein by means of a barrier at least six feet high.
The towing company owner shall be responsible for the security of
the stored vehicles.
(5)
The storage facility shall be regularly open for the conduct of business,
receiving of payments due, release of vehicles, etc., a minimum of
40 hours, Monday through Friday, between 7:00 a.m. and 5:00 p.m.
G.
Insurance. Towing companies shall be required to carry insurance
at the minimum policy limits, as follows:
(2)
Workers' compensation insurance, as required by statute.
(3)
Garage keepers liability insurance in an amount not less than $50,000
per single limit.
(5)
Miscellaneous coverage to provide complete protection to the City
against any and all risks of loss or liability including comprehensive
general liability.[5]
(6)
The City shall be listed as an additional insured party on all policies,
and such policies shall contain a provision requiring notification
to the City prior to any policy revision or termination.
(7)
Towing companies shall provide the City of Altoona with a letter
of bonding indicating coverage in the minimum of $50,000.
(8)
Each insurance policy covering a towing company shall indicate that
the City of Altoona shall be held harmless once a vehicle has been
hooked to the towing company's wrecker in preparation to be towed
from a roadway.
A.
The Chief of Police shall maintain the list of licensed towing companies,
listed alphabetically, which may be requested to tow by authorized
City employees on a rotating basis. The Chief of Police shall determine
the number of towing companies to be included on the list.
B.
Rotating basis means the towing company appearing on top of the list
shall be requested first to do the tow. Once the towing company on
the top of the list is requested, that name shall be placed on the
bottom of the list. Thereafter, for each subsequent request, the process
shall be repeated. In the event that the owner and/or operator of
a vehicle needing a tow requests a specific towing company, that request
shall not affect the requested towing company's placement on
the rotation list.
C.
If a towing company refuses, is not available, does not answer the
phone or can't meet the required response time, said towing company
shall be replaced by the next towing company. Any towing company that
refuses a call or is unavailable three times within a two-month period
shall be placed on review with the Chief of Police with the possibility
of removal from the rotation list and nonrenewal of license.
D.
This rotation may be waived when, in an exceptional emergency, removal of a vehicle is critical to public safety, as determined by the investigating police officer at the incident scene. This subsection is not intended to permit or encourage towing companies to respond to accident/incident scenes without being summoned in accordance with § 662-8 of this chapter.
A.
The towing company requested shall respond to the tow location within
20 minutes of the request, unless there are circumstances, such as
adverse road conditions, that are beyond the towing company's control
that would prohibit it from doing so.
B.
Nothing in this chapter is intended to permit or encourage the towing
company to violate any provision of the Pennsylvania Vehicle Code
or to operate a vehicle in an unsafe manner.
C.
Towing companies licensed by the City shall be available to tow vehicles
24 hours a day, seven days a week.
D.
All vehicles removed, transported or conveyed at the request of the
City shall be stored at the towing company's storage facility,
or at a property owned or controlled by the City, or to a location
specified by the vehicle owner or operator.
E.
Towing company owners shall comply with all local, state and federal
laws and regulations and are responsible for ensuring that all of
their employees adhere to them.
F.
Towing companies shall be responsible for the conduct of all drivers
and employees. The driver's licenses of persons towing for a
towing company are subject to inspection by the Chief of Police.
It shall be a prohibited act for any towing company to:
A.
Subcontract towing services requested by the City.
B.
Respond, tow or move a vehicle from or within public property without the consent of the owner or operator or without being summoned by the City pursuant to § 662-6.
C.
Use the "City of Altoona" in the name of the towing company.
D.
Arrive at the scene of any incident/accident without being requested
to do so by the City or the Blair 911 Center and/or the owner/operator
of a vehicle to be towed. "Responding/arriving at the scene of any
incident/accident" shall mean by wrecker or by any other means of
transportation including private vehicle.
E.
It shall be unlawful for any owner and/or employee of any towing
company to approach any vehicle operator or passenger at the scene
of any incident/accident to solicit a towing job.
Every licensed towing company shall make a written record of
each vehicle towed or stored and maintain such records for a period
of two years, which shall be subject to inspection by the Chief of
Police. The records shall contain the following information:
A.
Registration plate number and state.
B.
Make and color of vehicle.
C.
Time call for service was received.
D.
Time wrecker arrived at scene.
E.
Date the vehicle was returned to owner/custodian.
F.
Towing and storage charges for each towed vehicle.
G.
Name of wrecker driver.
H.
Location where vehicle was towed to (destination).
I.
Who authorized tow (owner/operator, Police Department, etc.).
No vehicle shall be removed under the authority of this chapter
if, at the time of the intended removal thereof, the owner or person
for the time being in charge of such vehicle is present and expresses
a willingness and intention to remove such vehicle immediately.
The payment of towing and storage charges authorized by this
chapter shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for violation of any
law or ordinance on account of which such vehicle was removed and
impounded.
The payment of any towing and storage charges authorized by
this chapter shall, unless made "under protest," be final and conclusive
and shall constitute a waiver of any right to recover the fees paid.
In the event that towing and impounding charges are paid under protest,
the offender shall be entitled to a hearing before a Magisterial District
Judge having jurisdiction; in which case the offender shall be proceeded
against as is provided for by the Pennsylvania Vehicle Code in other
cases of summary offenses.
Upon conviction for violation of any provision of this chapter, in addition to the penalty in § 662-14, a towing company may be fined not less than $100 nor more than $1,000 or sentenced to imprisonment for a term not exceeding 90 days, or both.
A.
Any towing company or its employee who violates any provision of this chapter shall be issued a written warning for the first violation. Any subsequent violation may cause the termination of the towing company's license. The towing company is not entitled to a warning for any violation of § 662-8 of this chapter and may have its license terminated for the first violation.
B.
The towing company shall be notified in writing, by registered mail,
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 City
Manager. The City Manager or designee shall hold a hearing within
10 calendar days of written receipt of the towing company's request
for appeal. The towing company may appeal the City Manager's decision
in writing to the Blair County Court of Common Pleas within 10 calendar
days of the receipt of the City Manager's decision.
