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 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:
A. Violation of any of the provisions of §
462-2 or
462-3 shall be, for a first offense, 30 days' suspension from the no-preference tow list(s); for a second offense, 60 days' suspension from the no-preference tow list(s); and for a third offense, permanent removal from the no-preference tow list(s).
B. Violations of any of the provisions of §
462-4,
462-5,
462-6 or
462-7 shall be grounds for immediate and permanent removal from the no-preference tow list(s).
C. 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.