[HISTORY: Adopted by the Board of Commissioners of the Township
of Manheim 2-13-1995 by Res. No. 1995-8 (Part 6, Ch. 2, Art.
F, of the 1976 Code of Ordinances). Amendments noted where applicable.]
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.
A.
The Police
Department will maintain two lists of towers for vehicles the owner
of which does not have a specific tow company he/she prefers to remove
his/her vehicle.
B.
To comply with the requirements of the Vehicle Code in regard to
the removal of a vehicle to the nearest place of safety, no-preference
towers must have a storage area located within Manheim Township, East
Petersburg, or Lancaster Township; however, if police service to East
Petersburg or Lancaster Township is ever discontinued, then the storage
facility must be located within Manheim Township or such remaining
municipality to which Manheim Township continues to provide police
services.
[Amended 11-12-2012 by Ord. No. 2012-15]
C.
This storage
location must be a storage facility with a minimum of 1,500 square
feet. A company on both the car list (1) and the heavy duty list (2)
will be required to have a minimum of 3,000 square feet.
D.
This facility
must be owned or leased by the company, proof of which must be furnished
to the Police Department prior to a company being placed on the tow
list. If a leased property, a current copy of the lease must be provided
to the Police Department. The storage location must have a business
office on site which is staffed during normal weekday business hours
(8:00 a.m. to 4:00 p.m. or 9:00 a.m. to 5:00 p.m.) by an employee
of the company. Equipment must be dispatched from and stored at this
location.
[Amended 5-29-2018 by Ord. No.
2018-06]
E.
Customers
and Police Department personnel must be able to contact the towing
service by phone, to have a representative be at the storage area
within 20 minutes of the call, unless mutually agreed upon by both
parties, during normal business hours (8:00 a.m. to 5:00 p.m., Monday
through Friday, except holidays).
F.
Normally
be available for contact and/or response 24 hours/day, 365 days/year.
G.
Have in
effect and maintain at least $100,000 worth of garagekeeper liability
insurance for the indemnifying of the owner of every vehicle against
the loss thereof, or injury or damage thereto, while in the custody
of such business. A certificate of said insurance shall be provided
to the Police Department by the insurance carrier.
H.
Maintain
automobile liability insurance in an amount not less than $500,000.
A certificate of insurance shall be provided to the Police Department
by the insurance carrier.
I.
A List 1 tower is required to have one of the trucks listed in Subsection I(1) or (2) directly below, but not both. A company that has a tow truck and not a rollback/carrier unit is required to have dolly wheels on the tow truck.
(1)
Must
have at least one light-duty towing unit for passenger cars, pickup
trucks and other light vehicles, which shall meet the following specifications:
(a)
The truck chassis must have a minimum manufacturer's capacity
of 145,000 pounds' GVWR.
(b)
Have a boom capacity of 8,000 pounds minimum and power winch pulling
capacity of 8,000 pounds minimum.
(c)
Have a minimum of 100 feet of three-eighths-inch or larger cable
on each drum.
(d)
Wheel lift apparatus or belt-type cradle sling to pick up vehicles.
(e)
Dual rear wheels.
(2)
Have
a rollback or carrier-type unit with the following minimum characteristics:
(a)
The truck chassis shall have a minimum manufacturer's capacity
of 145,000 pounds' GVWR.
(b)
Have power winch pulling capacity of at least 8,000 pounds.
(c)
Have 100 feet of three-eighths-inch or larger cable, or 50 feet of
three-eighths-inch or larger cable with 50 feet or extension cable
of equal or greater strength.
(d)
Dual rear wheels.
J.
List 2
towers must have a heavy-duty tow truck, which shall meet the following
minimum manufacturer's specifications:
(1)
The
truck chassis shall have a minimum manufacturer's capacity of
36,000 pounds' GVWR.
(2)
Have
a boom capacity of not less than 50,000 pounds.
(3)
Have
a power winch pulling capacity of not less than 50,000 pounds.
(4)
Have
a minimum of 150 feet of five-eighths-inch or larger cable on each
drum.
(5)
Have
air brakes and be constructed so that wheels lock automatically upon
failure and maxi-brake-type parking brake.
(6)
Be
equipped with a brake-buddy-type device for towing heavy vehicles
with brakes on the towed vehicle.
L.
All tow
trucks must be owned by the tow company, or leased to the tow company
from a bank, dealer, or recognized leasing company.
M.
All tow
trucks shall display the company name, city located, and any other
information required by state law. This information shall be of contrasting
color to the truck color and shall be permanently affixed to both
sides of the truck. All lettering shall be at least three inches high.
Magnetic signs are not permitted.
A.
When contacted
for towing service, the tower must normally arrive at the scene within
20 minutes, Monday through Friday, 7:00 a.m. to 6:00 p.m., except
holidays. At all other times, a tower must normally arrive at the
scene within 30 minutes from the time of notification.
B.
The responding
tow truck must be from the list of equipment provided to the Police
Department. No calls may be referred to another company, nor another
company's tow truck used as a substitute.
C.
When towing
a vehicle from the scene of an accident, it is the tower's responsibility
to remove any and all debris, dirt, leaked fluids, etc., from the
scene.
D.
Towing
service operators shall transport a vehicle to any location requested
by the owner/driver after payment arrangements have been made, unless
directed otherwise by police. If the owner/driver has no specific
location for the vehicle to be taken, and no instructions are given
by the police as to where the vehicle is to be towed, all vehicles
must be taken to the storage location listed on the application.
E.
If a vehicle
involved in an accident needs to be towed, and the request for towing
service goes directly to the tower, the vehicle shall not be towed
without notifying and receiving approval from the Police Department.
F.
Until legislation
or PennDOT rules and regulations are enacted, all tow trucks must
be equipped with flashing or revolving yellow lights, as authorized
by the Vehicle Code.[1] The flashing or revolving lights shall be operated while
at the scene and as required by the Vehicle Code. In addition to Vehicle
Code limitations and requirements:
(1)
The
flashing or revolving lights shall not be operated when responding
to the scene.
(2)
The
flashing or revolving lights may be operated on a tow truck when in
engaged in actual towing of a vehicle from the scene to the storage
facility or place of repair.
(3)
The
flashing or revolving lights shall not be operated on a rollback or
carrier-type unit when hauling a vehicle unless a vehicle is actually
in tow.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
G.
All charges
for services shall not exceed those as published by the tow company
and filed with the 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:
B.
Copies
of the documents comprising the appendix are available at the Police
Department.
C.
The information
in these appendixes is subject to change. If there are any changes,
a supplemental appendix will be issued. The date of the reissue will
be designated in the lower left-hand corner of the reissued appendix.
The reissued appendix should be attached to this order and will replace
the changed appendix.
