[HISTORY: Adopted by the Board of Supervisors
of Falls Township 10-11-2005 by Ord. No. 2005-7;[1] amended in its entirety 6-19-2007 by Ord. No. 2007-3.
Subsequent amendments noted where applicable.]
[1]
Editor's Note: This ordinance superseded former
Ch. 206, Wreckers, adopted 6-13-1985 by Ord. No. 85-3, as amended.
This chapter shall be known and may be cited
as the "Falls On-Call Wrecker Ordinance."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and the words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of 26,000 pounds or more.
[Amended 11-15-2011 by Ord. No. 2011-07]
Refers to those wreckers licensed under this chapter who
alone will be called to accidents occurring in Falls Township by the
Falls Township Police Department and shall be available for any towing
required by Falls Township itself, except as specifically provided
in this chapter to the contrary.
Any individual, firm, partnership, association, corporation,
company or organization of any kind that has a place of business and
a fenced storage area in Falls Township providing services of a wrecker.
A wrecker holding a current license issued by Falls Township on the
effective date of this ordinance amendment shall be deemed a "person."
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of less than 26,000 pounds.
[Amended 11-15-2011 by Ord. No. 2011-07]
The Township of Falls, Bucks County, Pennsylvania.
Both "standard tow truck" and "heavy tow truck" are as defined
herein.
A person or any other legal entity engaged in the business
of offering the services of a vehicle wrecker or towing service, whereby
disabled motor vehicles are towed or otherwise removed from the place
where they are disabled by use of a tow truck so designed for that
purpose or by a truck, automobile or other vehicle so adapted to that
purpose and maintaining a fenced storage yard of a minimum of 10,000
square feet for the secure storage of vehicles. The height of the
fence securing the storage yard shall be no less than six feet.
[Amended 11-15-2011 by Ord. No. 2011-07]
The purpose of this chapter is to ensure safety,
traffic control and the orderly use of the streets and highways within
the Township; it is necessary to have an orderly arrangement for providing
tow truck and wrecker services within the Township.
A.
No person shall operate for hire a truck or other
type of motor vehicle designed and able to provide road service and
to tow other motor vehicles from public places, streets or highways
within the Township, unless a license therefor shall first have been
obtained from the Township Manager as hereinafter provided. This provision
shall not be deemed to require licensing of tow truck operators who
tow vehicles from private garages, residences or other private places
with the prior consent of the vehicle owner or tow truck operator
towing vehicles.
B.
Such license shall not be transferable. Any change
in ownership of a licensee shall operate as a termination of such
license.
C.
Application for each such license related to standard
tow truck wreckers and heavy tow truck wreckers shall be mailed on
a form provided by the Township and shall be accompanied by a fee
schedule to be charged by the licensee and an annual license fee of
$500, or such fee as shall be set from time to time by resolution
of the Township Board of Supervisors.
D.
Each license issued by the Township under this chapter
shall be for one calendar year.
E.
Applicant shall require a separate license for a wrecker
applying for the heavy tow truck list, in addition to standard tow
truck list.
A.
Application. Neither license shall be issued unless an affidavit
of application therefor has been filed with the Township Manager by
the applicant on or before November 30 prior to the license calendar
year, duly sworn to by said applicant before a duly licensed notary
public of the Commonwealth of Pennsylvania and thereafter approved.
The application, shall include the following information for each
license, whether a standard tow truck or heavy tow truck:
[Amended 11-15-2011 by Ord. No. 2011-07; 8-18-2015 by Ord. No. 2015-05]
(1)
The name and business address of the applicant and, if a natural
person, his age and residential address.
(2)
The registration number of each tow truck to be operated.
(3)
The location, description and hourly availability of the tow trucks
operated by the applicant and the rates for services thereof.
(4)
Location of space for properly storing, accommodating and protecting
all disabled motor vehicles to be towed or otherwise removed from
the place where vehicles are disabled.
(5)
A schedule of regular rates showing the charges to be made for all aspects of towing within the towing area indicated in § 206-7E hereof.
(6)
Such other information as the Township Board of Supervisors shall
find reasonably necessary to effectuate the purpose of this chapter
and to arrive at a fair determination of whether the terms of this
chapter have been complied with.
(7)
A certificate of insurance shall be provided by each wrecker requiring
notice to the Township not less than 30 days prior to the event of
cancellation or nonrenewal, which shall indicate the amount of liability
insurance and garagekeeper's liability insurance for personal injury
and property damage on said service or tow truck and to cover fire,
theft and property damage on vehicles impounded or stored, respectively;
the name of the insurance company, which must be licensed to do business
in the Commonwealth of Pennsylvania; and the policy number. The limits
shall be not less than $100,000 for each person and $300,000 for each
occurrence and not less than $25,000 for property damage on each of
the property coverages and garage keeper's legal liability policy
to cover fire, theft and property damage that will cover any vehicle
towed, impounded or stored and will keep such policy in effect through
their license period, in insurance limits not less than as set forth
above.
B.
Eligibility, denial, revocation and expiration.
(1)
Eligibility. Each person operating a tow truck business
as a wrecker in the Township may obtain a separate license for any
tow truck (either standard tow truck or heavy tow truck) to operate,
provided that such person abides by the regulations set forth herein.
No individual truck may be licensed by more than one applicant; however
it may be granted a separate license as a standard tow truck or a
heavy tow truck.
(2)
Denial or revocation. The Township Board of Supervisors
may in each case, after a public hearing, either deny a license to
any applicant whom the Board shall determine to be an undesirable
person or incapable of properly conducting a road service or tow truck
business or revoke the license or licenses of any licensee whom the
Township Board of Supervisors shall determine has violated the provisions
of this chapter.
(3)
Expiration. Every license issued pursuant to this
chapter shall expire on the 31st day of December following the issuance
thereof, and no such license is transferable from one operator to
another, nor from one truck to another, without the prior written
consent of the Township.
(4)
Except as to towing operators currently licensed by
the Township and operating a tow truck business within the Township
as of October 11, 2005, all other licensed towing operators must control
a vehicular impound lot within the Township and actively use said
lot within the Township to secure vehicles towed in the Township.
Said storage lot or impound yard within the Township shall be secured
by a fence no less than six feet high, and all vehicles towed within
the Township must be stored securely within the fenced-in area. The
fenced-in storage lot or impound yard shall be no less than 10,000
square feet. All storage lots within the Township shall be clearly
identified, by sign or otherwise, with the name and telephone number
of the company or individual that owns the storage lot. No more than
one licensed towing operator may use any given storage lot or impound
yard to meet the requirements of this section, and no more than one
storage lot or impound yard may be located on any given property.
[Amended 11-15-2011 by Ord. No. 2011-07; 8-20-2013 by Ord. No.
2013-05]
(5)
No license shall be considered for issuance by the Township under this chapter unless the entire application, with all requirements set forth in § 206-5A, has been received by the Township on or before November 30 of the calendar year prior to the license calendar year.
(6)
Each licensed person under this chapter shall provide,
no later than June of each license year, a certificate or other written
document acceptable to the Township that the insurances required under
this chapter remains in full force and effect.
[Amended 11-15-2011 by Ord. No. 2011-07]
A.
No vehicle shall be licensed unless the vehicle to
be licensed is properly registered and inspected as required by the
Motor Vehicle Law of the Commonwealth of Pennsylvania. Each tow truck
shall meet all of the requirements of the Motor Vehicle Law for such
vehicles.
B.
On each side of every tow truck for which a license
has been granted, there shall be, legibly inscribed in letters not
less than three inches high, the name and address of the owner and
licensee of such tow truck and the license number for each license
posted on the cab.
C.
Each tow truck shall be equipped with an amber rotating
light mounted at the top of the cab of such vehicle and shall be of
a type that contains at least two sealed beam bulbs and visible 360°
for a distance of not less than 500 feet under normal atmospheric
conditions, or equal lighting equipment.
D.
Each tow truck shall be equipped with two flashing
red lights (four-way flashers) so mounted as to show the width of
the vehicle from the rear; said lights shall be visible for a distance
of not less than 500 feet under normal atmospheric conditions.
E.
Each tow truck shall be equipped with not less than
12 thirty-minute-burning-type flares and three reflecting-type flares.
F.
Each tow truck shall be equipped with a fire extinguisher,
the minimum rating of which shall be at least 10 pounds ABC.
G.
Each tow truck shall be equipped with hoisting equipment
of sufficient capacity to perform the service intended. The hoisting
equipment of each tow truck shall be securely mounted to the frame
of such vehicle. The winch of such hoisting equipment shall contain
not less than 100 feet of steel strand cable; said cable shall be
one continuous length and shall be free from breaks, splits or knots.
H.
Each tow truck shall be equipped with a broom, shovel,
crowbar and oil dry.
[Amended 11-15-2011 by Ord. No. 2011-07]
I.
Each tow truck shall be CB-equipped to monitor Citizens'
Band Channel 9.
J.
Each operator of any tow truck shall have a valid
commercial driver's license related to tow truck operators issued
by the Pennsylvania Department of Motor Vehicles.
A.
Restrictions upon removal of vehicles.
[Amended 8-19-2014 by Ord. No. 2014-07]
(1)
Removal from the scene of an accident. It shall be unlawful for any
person to service or tow away any motor vehicle which has been involved
in an accident without the prior consent of the owner or operator
and/or the Township police officer at the scene of the accident. No
motor vehicle shall be serviced at the scene of an accident, except
to the extent necessary to remove the vehicle from the scene. When
requested by the Township police officer, the vehicle shall not be
removed from the scene of an accident so that an examination be made
of the damaged vehicle to determine whether the vehicle was defective
or where the Township police officer requires or requests that photographs
and/or diagrams of the scene be made.
(2)
Removal of vehicle when emergency declared. When an emergency is declared, pursuant to § 203-27, it shall be unlawful for any person to service or tow away any motor vehicle, under the authority of this chapter, at the time of the intended removal if the owner or the owner's agent, at the time being in charge of such vehicle, is present and expresses a willingness and intention to remove such vehicle immediately.
B.
Failure to remove debris. When called to the scene
of an accident, either under this chapter or at the request of the
owner of the motor vehicle, the wrecker shall be responsible for removing
debris from the roadway, such as glass, metal fragments, etc., leaving
the roadway free from such debris. Failure to remove debris shall
be unlawful.
[Amended 11-15-2011 by Ord. No. 2011-07]
C.
Solicitation. It shall be unlawful for any person
to drive along any public street or highway within the Township for
the sole purpose of soliciting towing and/or repair work. It shall
be unlawful for any person to solicit towing or repair work at the
scene of any motor vehicle accident on private property or on a public
highway within the Township. The stopping of any tow truck within
500 feet of the scene of any accident or disabled vehicle on any public
street or highway in the Township without the prior authorization
of the operator of the vehicle, owner of the vehicle, a member of
the Township Police Department or a member of the Pennsylvania State
Police shall be presumptive evidence of the intent of the operator
of a tow truck to solicit towing or repair work, except if the owner
flags down a passing tow truck.
D.
Cruising. Cruising for the purpose of solicitation
of towing or repair work shall be unlawful. "Cruising" shall be defined
as the driving along the public highways or roadways solely for the
purpose of soliciting towing or repair work, and without having been
first called or otherwise requested to provide service.
E.
Destination of towed vehicle. The owner of the vehicle
shall determine the destination of the vehicle to be transported by
the wrecker, within a radius of not greater than 12 miles from the
location of the subject vehicle.
[Amended 11-15-2011 by Ord. No. 2011-07]
F.
Fees. No person operating pursuant to this chapter and participating as a licensee on the Township list pursuant to § 206-4, shall charge fees for any towing or storage services in excess of the fees established from time to time by resolution of the Board of Supervisors.
G.
Subcontracting. In an on-call event, in the event that wrecker called
for towing or service assistance is unable to comply with the request
for towing or service assistance, the wrecker shall not be permitted
to subcontract the work to another wrecker or to permit any unlicensed
wrecker or vehicle to complete the tow or service assistance. In such
an instance, if the wrecker that was originally called is unable to
complete the tow or the service assistance, the next wrecker on the
duty tow list shall be contacted to complete the tow or service assistance.
[Added 12-18-2012 by Ord. No. 2012-09]
A.
Designation by owner/operator. In a non-on-call event,
the owner or operator of a vehicle in need of service may designate
the person or establishment to tow the vehicle, whether or not such
person or establishment is licensed by the Township, provided that
such person or establishment complies with all applicable rules and
regulations in towing vehicles.
B.
Request of assistance. In a non-on-call event, whenever a member of the Township Police Department is requested to provide assistance in obtaining a tow truck, the Township police officer shall present to the owner or operator of the vehicle a list of all licensed wreckers, which list shall include a schedule of fees as referenced in § 206-5A(5) and an indication of whether such wrecker maintains a heavy tow truck. The owner or operator may then designate a licensed wrecker from the list and shall thereafter be responsible for such fees and charges of the wrecker.
C.
Failure of wrecker to promptly arrive. In an on-call
event, in the event that a wrecker called for towing or service assistance
is unable or fails to arrive at the location where assistance is requested
within 15 minutes commencing from the time the wrecker is notified,
another wrecker from the same on-call list, whether a standard tow
truck or a heavy tow truck, may be called, and the first wrecker called
shall not be entitled to any compensation in such event.
D.
Notwithstanding the above provisions of this section,
the Township Police Department shall be authorized to contact the
appropriate Bucks County-designated dispatch operator to obtain a
tower in such cases as the Township Police Department deems necessary
and appropriate to best provide for the public welfare and safety.
E.
In the event that an accident is of such proportions
that none of the wreckers can promptly remove the wreckage, the Police
Department is authorized to call in special equipment from whatever
source to clear the public highways and streets.
F.
Declaration of emergencies.
[Added 8-19-2014 by Ord. No. 2014-07]
(1)
When an emergency is declared, pursuant to § 203-27, the Township Manager, the Chief of Police, and/or an authorized designee shall have the authority to call any wrecker for towing or service assistance. In an emergency, priority shall be given to the on-call wrecker for towing or service assistance, but the Township shall utilize the services of any Township duty tow wrecker to facilitate the expeditious towing of all vehicles parked in violation of the provisions of Chapter 203.
A.
If the Township Police Department directs a wrecker
to tow and impound a motor vehicle, such operator shall provide the
facilities to store said vehicle. Any person called upon to impound
a vehicle for the Township Police Department must store the vehicle
within the limits of the Township unless directed otherwise by a member
of the Township Police Department or exempt pursuant to § 205-5B(4)
of this chapter.
B.
The wrecker shall be responsible for the collection
of all fees for service, towing or storage of any vehicle. Neither
the Township nor any of its agencies or employees shall act as agent
for the collection of any fees, nor shall they be held responsible
in the event of nonpayment of any moneys due to any wrecker as a result
of the services performed in accordance with this chapter. All wreckers
are authorized to collect fees scheduled in the Code of the Township,
in the event that the Township requests towing or impounding.
C.
The wrecker is responsible for compliance with all
applicable rules and regulations regarding the impound and disposition
of the vehicle and shall provide all required notices.
D.
The Township Police Department shall maintain two
rotating lists of all wreckers, one list containing all wreckers owning
a standard tow truck and the other list containing wreckers owning
a heavy tow truck, and the Township Police Department shall designate
wreckers on a rotating basis for each list. A person designated by
the Township Manager shall maintain the rotating lists of wreckers
and the Township Police shall designate tow-truck establishments on
a rotating basis. If one wrecker is called for a tow operation from
one list, he shall not again be called for towing until such time
as all wreckers from such list have been called or have been unable
to meet a call when called. The Township Police Department, in its
sole discretion, shall determine whether any qualified standard tow
truck or heavy tow truck shall be required for any particular tow.
The licensing of wreckers pursuant to this chapter
shall create no new or additional liability for the Township. The
duties performed by the Township pursuant to this chapter are general
duties owed to the public. No person is authorized to create a special
duty to anyone either by representation, act or omission. Wreckers
pursuant to this chapter shall indemnify the Township to the fullest
extent allowable by law.
[Amended 11-16-2020 by Ord. No. 2020-05]
The Chief of Police of the Township or his or her designated representative may cause to be inspected each wrecker's place of business, licensed vehicles, and internal financial records solely related to assignments on behalf of the Township not less than, but not limited to, twice each year. Licensees shall be required to maintain detailed, itemized records pertaining to Township assignments for a period of one year and shall present such records upon administrative request by aforementioned officials. Nothing in this section shall prohibit licensees from maintaining separate records regarding Township assignments and private jobs. In the event that a licensee fails to comply with the provision herein contained, the Township may take appropriate action in accordance with § 206-13 of this chapter.
[Added 8-19-2014 by Ord. No. 2014-07[1]]
A.
Authorization for removal and impoundment. The Township Manager,
the Chief of Police, and/or an authorized designee thereof are hereby
authorized to remove and impound or to order the removal and impounding
of any vehicle illegally parked on any of the streets, highways or
public property in the Township.
B.
Notification of removal and impounding. Within 24 hours, or as soon
as practicable from the time of removal of any vehicle under the authority
granted by this chapter, notice of the fact that such vehicle has
been impounded shall be sent to the owner of record of such vehicle.
Such notice shall designate the place from which such vehicle was
removed, the reason for its removal and impounding, and the pound
location in which it shall have been impounded. Such notice shall
be provided at any time that a vehicle is towed or impounded at the
Township's request. The wrecker shall be solely responsible for providing
the notification required in this section.
C.
Payment of charges; protests.
(1)
All charges and fees for any towing or storage services shall be in compliance with the charges and fees established from time to time by resolution of the Board of Supervisors, as designated in § 206-7F.
(2)
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.
D.
Records of vehicles removed and impounded. The Chief of Police, or
his/her designee, shall keep a record of all vehicles impounded and
shall be able at all reasonable times to furnish the owners or the
agents of the owners thereof with information as to the place of storage
of such vehicles.
[Amended 11-15-2011 by Ord. No. 2011-07]
A.
Any person
guilty of violating any provisions of this chapter shall be guilty
of an offense.
B.
Upon 10 days' written notice and after a hearing before the Township
Manager, the Township may penalize any licensee under this chapter
in any appropriate way, including, but not limited to, a revocation
of a license issued hereunder, when it finds any of the following
grounds:
(1)
The license was procured by fraudulent conduct or false statement
of material fact or that a fact concerning the applicant was not disclosed
at the time of his making application, and such fact would have constituted
just cause for refusal to issue said license.
(2)
The wrecker illegally employed a short-wave radio to obtain information
as to the location of the scene of an accident or disabled vehicle.
(3)
The wrecker paid, in the form of a gratuity, any third person not
involved in the accident for information as to the location of the
accident.
(4)
The wrecker has violated the fee schedule by overcharging. Such allegations
may be confirmed by written complaints from the public or other complainant.
(5)
The wrecker has violated any of the requirements of this chapter
or any of the rules and regulations as established by the Board of
Supervisors.
C.
Penalty guidelines.
(1)
With the exception of alleged violations of the fee schedule, the
Township Manager shall consider the following guidelines when formulating
his or her recommendation to the Board of Supervisors for an alleged
violation of any of the provisions of this chapter, and the Board
of Supervisors shall consider the following guidelines when rendering
its decision:
(a)
Any person or wrecker committing an offense against any provision
of this chapter shall, upon conviction therefore, be subject to a
fine not to exceed $50 for the first offense, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager.
[Amended 8-18-2015 by Ord. No. 2015-05]
(b)
Any person or wrecker committing an offense hereunder, within
six months of his or its conviction of any prior offense hereunder,
shall be fined not less than $50 nor more than $1,000, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager;
and/or shall have his or its license suspended for a period of up
to 60 days.
[Amended 8-18-2015 by Ord. No. 2015-05]
(c)
Any person or wrecker committing an offense hereunder, within
12 months of his or its conviction of more than one other offense
hereunder, shall be fined not less than $500, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager;
and/or shall have his or its license suspended for a period of up
to 120 days.
[Amended 8-18-2015 by Ord. No. 2015-05]
(2)
In no event, however, are the above guidelines mandatory, and at
any time the Board of Supervisors may issue any appropriate penalty,
given the facts and circumstances alleged, either more severe than
described above, or less severe than described above, based on the
evidence presented at the hearing before the Township Manager and/or
at a public hearing related to the Township Manager's recommendation.
(3)
Failure to remit timely payment of fines and/or other fees or costs
pursuant to this subsection shall be considered a further violation
of this chapter.
[Added 8-18-2015 by Ord.
No. 2015-05]
D.
Any wrecker lawfully removed from either tower list by termination
of either license granted hereunder by the Township shall immediately
result in the termination of all rights and privileges granted under
this chapter as a duly licensed wrecker.