[HISTORY: Adopted by the Board of Supervisors of the Township of Fairview 12-5-2011 by Ord. No. 2019 (Ch. 13, Part 3, of the 1991 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Junkyards — See Ch. 172.
Abandoned and junked vehicles — See Ch. 279.
Vehicles and traffic — See Ch. 282.
As used in this chapter, the following terms shall have the meanings indicated:
DEPARTMENT
The Fairview Township Police Department.
GARAGE
Refers to authorized towing agencies.
SALVOR
As defined in Section 102 of the Pennsylvania Motor Vehicle Code.[1]
TOWNSHIP
Refers to Fairview Township or the municipality where the garage is located.
[1]
Editor's Note: See 75 Pa.C.S.A. § 102.
A. 
The requirements of this chapter apply to towing agencies who wish serve as an authorized towing agency for Fairview Township.
B. 
This chapter does not apply to agencies that provide specialty towing services for commercial vehicles, to towing services requested by the owner or operator of a vehicle or to towing services called from a car club or similar organization such as AAA.
C. 
Towing agencies who wish to provide service as outline in Subsection A above shall be a licensed salvor in Pennsylvania in accordance with Title 75, Chapter 73, Licensed Salvors, of the Pennsylvania Code.
D. 
The garage must be available for response 24 hours per day, seven days per week. To ensure availability, the garage will provide and maintain an updated listing of emergency contacts and phone numbers with both the Department and York County E911 center.
E. 
The garage shall respond to all dispatched calls upon request by the Department or York County Emergency 911. Except under extreme adverse weather or traffic conditions, the garage is expected to arrive within 20 minutes after receiving the call from the police or E911 center.
A. 
Any garage wishing to provide towing services to the Department or wishing to renew its status as an authorized towing agency shall complete an application on a form provided by the Township and attach a current salvor's license and submit the application to the Chief of Police for review.
B. 
Certification and renewal of previous certification will be made by the Board of Supervisors by selecting garages that, in the sole discretion of the Board, will be in the best interest of the Township and the health, safety and welfare of the public.
A. 
The garage will provide a fee schedule upon request for certification, setting forth the fees associated with the following services:
(1) 
Basic tow: includes tow, hookup and transporting the vehicle from any location in the Township to the garage.
(2) 
Any additional fee(s) for services beyond a basic tow, as provided in the following examples:
(a) 
Righting an overturned vehicle.
(b) 
Winching a vehicle off the road or over an embankment.
(c) 
Removal of parts to permit proper towing.
(d) 
Use of cutting torch or other special tools.
(e) 
Transferring material from one vehicle to another.
(3) 
Amount charged for storage of the vehicle per day (twenty-four-hour period).
(4) 
Mileage rates: additional charges based on mileage for towing outside of the Township.
B. 
Failure to maintain these fee(s) at prevailing competitive rates can result in decertification if the Board of Supervisors, in its discretion, determines such fees to not be in the best interests of its residents.
A. 
The garage must be a licensed salvor to tow abandoned vehicles, and the garage shall tow, remove, process and dispose of abandoned vehicles in accordance with all applicable laws of the Commonwealth of Pennsylvania and the Pennsylvania Department of Transportation.
B. 
Before removing an abandoned vehicle the garage/salvor must have received an MV-952 and/or MV-952A from the department or property owner.
C. 
The garage shall complete Section C and/or D of the form MV-952.
D. 
The garage shall maintain a copy of the MV-952 and/or MV-952PP and forward the original to the Department of Transportation within 48 hours of towing.
E. 
The MV-952 is a department form and shall be maintained by the Department. The garage shall not be provided with blank copies of the MV-952PP form.
F. 
When the garage takes possession of a vehicle, the garage must wait 30 days before requesting completion of an MV-952. A salvor cannot complete an MV-952PP for vehicles owned by them or their business.
G. 
The department will only complete an MV-952 form for vehicles taken into the salvor's possession at the Department's request. The salvor must request the MV-952 forms from the agency who requested the towing. For example, if the Pennsylvania State Police request a vehicle to be towed from Interstate 83 and 30 days later the vehicle has not been claimed, the salvor must request an MV-952 from the State Police.
A. 
The garage may be decertified and removed from the authorized towing list of for any of the following reasons:
(1) 
Failure of the garage to maintain certification as a licensed salvor, suspension or revocation of its salvors license in accordance with Title 75, Chapter 73, of the Pennsylvania Code, or a violation of the regulations of Title 75, Chapter 73, of the Pennsylvania Code.
(2) 
Failure of the garage to maintain any required licenses and permits.
(3) 
A guilty determination or guilty plea entered by or in any court of competent jurisdiction relating to violations of the Vehicle Code.
(4) 
Failure of the garage on more than one occasion in any six-month period to respond promptly or failure to respond to Township calls for service. Recognizing the importance of keeping the streets safe and passable, promptness will be defined with reference to the response time of previous garages and/or the same garage on previous occasions in the discretion of the Board of Supervisors and/or Chief of Police.
(5) 
Failure of the garage to adequately clean the street at an accident site after removing a vehicle; provided, however, that the garage shall not be required to remove hazardous or dangerous materials.
(6) 
Any property owned, occupied or controlled by the garage not being in compliance with any law, ordinance or regulation of the Township.
(7) 
Any violation of this chapter.
B. 
Removal from the authorized towing list shall be at the discretion of the Board of Supervisors after input from the Chief of Police.
C. 
The garage may reapply as an authorized towing agency when the garage becomes compliant with this chapter. Renewal of the garage certification is at the sole discretion of the Board of Supervisors with recommendation from the Chief of Police.
A. 
The garage will be requested for service based on zones in the Township which are geographical regions of the Township designated by the Board of Supervisors, or in the absence of action by Board, the Chief of Police.
B. 
The Chief of Police will recommend a call-out procedure to indicate how authorized towing agencies will be contacted. All procedures will be approved and authorized by the Board of Supervisors in its sole discretion.
The garage agrees to indemnify and hold harmless the Fairview Township Police Department, the Township of Fairview, its officers, employees and agents from and against any and all liabilities, claims, injuries, damages, penalties, actions, suits, losses, costs, expenses and attorney's fee resulting from or arising out of the operation of the garage in or on behalf of Fairview Township.