[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 2-9-2009 by Ord. No. 1282. Amendments noted where applicable.]
The Borough Council of the Borough of Tyrone believes that it
is necessary for the health and safety of Borough residents 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 right-of-way or public property within the Borough
of Tyrone.
As used in this chapter, the following terms shall have the
meanings indicated:
The Borough of Tyrone, County of Blair, and State of Pennsylvania.
The Chief of Police of the Borough of Tyrone or the said
Chief's designee.
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 Tyrone Borough. 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 "vehicle(s)."
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 Tyrone Borough Police Department designated by the
Chief of Police shall be authorized to:
Any towing company engaged in the business of towing vehicles
at the request of Tyrone Borough from highways, public rights-of-way,
or other public property in Tyrone Borough 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 Tyrone
Borough. 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 Tyrone Borough and adopted as part of Chapter 92, Fees, of the Code of the Borough of Tyrone. This fee is imposed to cover the cost of wrecker/storage facility inspection and license documentation processing.
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 Tyrone Borough from time to time, to be paid to Tyrone Borough
each January. This fee is imposed to cover the cost of reinspection
and license renewal document processing.
To be licensed to tow vehicles at the request of Tyrone Borough,
towing companies shall maintain the following:
A.
At least one wrecker that is in safe mechanical condition, and properly
titled and registered.
B.
The wrecker shall be owned or leased by the towing company and shall
not be used or operated by any other towing company.
C.
All wreckers shall be clearly marked with the towing company's
name and telephone number on each side of the vehicle.
E.
Towing companies shall provide its employees training on the proper
clean up 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 storage facilities used for impoundment
of vehicles towed at the request of the Borough shall be located within
10 road miles of the Tyrone Borough Municipal Building, 1100 Logan
Avenue, Tyrone, PA.
[Amended 9-14-2009 by Ord. No. 1285]
(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 set forth below. Towing companies
shall also be required to provide the Borough of Tyrone with a copy
of said insurance policy.
(1)
Automobile liability insurance in an amount not less than $500,000,
combined single limits.
(2)
Workers' compensation insurance, as required by Pennsylvania
law.
(3)
Garage keepers' liability insurance in an amount not less than $50,000
per single limit.
(4)
Garage liability insurance in an amount not less than $500,000 combined
single limit.
(5)
Miscellaneous coverage to provide complete protection to the Borough
against any and all risks of loss or liability, including comprehensive
general liability.
(6)
Collision coverage for vehicles in tow.
(7)
The Borough shall be listed as an additional insured party on all
policies, and such policies shall contain a provision requiring notification
to the Borough prior to any policy revision or termination.
(8)
Towing companies shall provide Tyrone Borough with a letter of bonding
indicating coverage in the minimum of $50,000.
(9)
Each insurance policy covering a towing company shall indicate that
Tyrone Borough 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
Tyrone Borough employees on a rotating basis.
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. However, 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 removal of a vehicle is critical
to public safety, as determined by the investigating police officer
at the incident scene. However, nothing herein shall be intended to
permit or encourage towing companies to respond to accident/incident
scenes without being summoned in accordance with the requirements
of herein.
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 companies control
that would prohibit them from doing so.
C.
Towing companies licensed by the Borough 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
Borough shall be stored at the towing company's storage facility,
or at a property owned or controlled by the Borough, or at 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 insuring 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 license of persons towing for a towing
company is 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 Borough.
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 Borough pursuant to § 182-6.
C.
Use the "Borough of Tyrone" and/or "Tyrone Borough" in the name of
the towing company.
D.
Arriving at the scene of any incident/accident without being requested
to do so by the Borough of Tyrone or the Blair County 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.
Each location to which the vehicle was towed.
I.
Person authorizing the 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.
A.
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.
B.
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 Motor Vehicle Code[1] in other cases of summary offenses.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
C.
The payment of towing and storage charges shall not relieve the owner
or driver of any vehicle or other person found in violation of this
chapter from liability for any fine or penalty for the violation of
the provision of this chapter for which the vehicle was removed or
impounded.
D.
If after a period of 15 days the vehicle in storage remains unclaimed,
a report shall be filed with PennDOT in accordance with § 7311
of the Pennsylvania Motor Vehicle Code,[2] by the person having legal custody of the vehicle. If
the vehicle has not been claimed after 30 days, the vehicle may be
transferred to a licensed salvor who will then be responsible for
the filing the proper reports and disposing of the vehicle in accordance
with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle
Code (75 Pa.C.S.A. § 101 et seq., as amended from time to
time).
[2]
Editor's Note: See 75 Pa.C.S.A. § 7311.
Upon conviction for violation of any provision of this chapter, in addition to the penalty in § 182-14, a towing company may be fined not less than $100 nor more than $300.
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 § 182-8 of this chapter and may have their 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 their
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 Borough
Manager. The Borough 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 Borough Manager's
decision, in writing, to the Blair County Court of Common Pleas within
10 calendar days of the receipt of the Borough Manager's decision.
The following designated streets and/or parking lots are hereby
established as tow away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
the Borough parking regulations:
|
Street
|
Side
|
In Front Of
|
|---|---|---|
|
Pennsylvania Avenue
|
West
|
961 Pennsylvania Avenue
(Fink's Hardware)
|
|
Parking Lot(s)
| ||
|---|---|---|
|
(Reserved)
|
