[Adopted 3-18-1975 by Ord. No. 36]
This Part shall be known and may be cited as the "Upper Makefield
On-Call Wrecker Ordinance."
For the purpose of this Part, the following terms, phrases,
words and their derivations shall have the meaning 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 words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Those wreckers licensed under this Part who alone will be
called to accidents occurring in the Township by the Township Police
Department and shall be available for any towing required by the Township
itself.
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Upper Makefield Township, Bucks County, Pennsylvania.
A person engaged in the business, or 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 wrecker so designed for that purpose or by a truck, automobile
or other vehicle so adapted to that purpose.
[Amended 8-3-1988 by Ord.
No. 139]
No wrecker shall be available on a rotating schedule to be called
by the Township or offer such service to the Township without first
obtaining an annual license as hereinafter provided for the Chief
of Police.
Applications for license issued hereunder shall be made upon
blank forms prepared and made available by the Township and shall
state:
A.
The name, home address and proposed business address of the applicant.
B.
The location, description and hourly availability of the tow trucks
owned or operated by the applicant and the rates for services thereof.
C.
The applicant has available space for properly accommodating and
protecting all disabled motor vehicles to be towed or otherwise removed
from the place where they are disabled.
D.
A schedule of reasonably competitive rates shall be submitted showing
the charges to be made for all aspects of on-call towing and storage
which shall remain in effect during the term of the license.
E.
Such other information as the Township Supervisors shall find reasonably
necessary to effectuate the purpose of this Part and to arrive at
a fair determination of whether the terms of this Part have been complied
with.
[Amended 7-16-2008 by Ord. No. 287]
A.
No license shall be issued to an applicant hereunder until he/she
shall have deposited with the Township copies of the following insurance
policies:
(1)
Garage keeper's policy. A garage keeper's legal liability policy
covering fire, theft and explosion in the minimum amount of $300,000
and collision coverage with each accident deemed a separate claim.[1]
(2)
Garage liability policy. A garage liability policy covering the operation
of applicant's business, equipment or vehicles, for any bodily injury
or property damage. This policy will be in the amount of $1,000,000
for any one person killed or injured and $3,000,000 for more than
one person injured or killed in any one accident. This policy shall
also provide $300,000 coverage for all damage arising out of injury
to or destruction of property.[2]
(3)
Notice of change or cancellation. Each policy required herein must
contain an endorsement providing for 10 days' notice to the Township
in the event of any material change or cancellation.
B.
All insurance policies required by this section shall, by endorsement,
include the Township of Upper Makefield as an additional insured with
regard to all towing or storage carried out at the request of the
Township or pursuant to the terms of this Part. Currently dated copies
of these endorsements shall be filed annually with the Township.
C.
Failure to comply with the insurance policy provisions in the foregoing
subsections shall void the annual license and/or preclude a new applicant
from securing an annual license.
Within five days after receipt of an application as provided
for herein, the Chief of Police shall cause an investigation to be
made of the applicant and of his proposed operation.
[Amended 8-3-1988 by Ord.
No. 139]
The Township Police Chief shall issue a license hereunder when
the Police Chief finds as follows:
A.
The public convenience and necessity will be assisted by the applicant
being licensed to be placed on an "on-call" status.
B.
That insurance policies as required in this Part have been procured.
C.
The applicant must have adequate facilities for the storage and protection
of vehicles and shall identify the location of such facilities prior
to the issuance of the annual license.
[Amended 7-16-2008 by Ord. No. 287]
D.
The requirements of this Part and all other governing laws and ordinances
have been met.
E.
Prior to the issuance of the annual license, all applicants shall
submit a menu of rates, fees and costs for the applicant's towing
service.
[Amended 7-16-2008 by Ord. No. 287]
[Amended 12-6-1995 by Ord. No. 186]
A license fee shall be issued to a successful applicant hereunder
after payment to the Township of a license fee in an amount as established
from time to time by resolution of the Board of Supervisors.
A.
The Chief of Police shall adopt and enforce reasonable rules and
regulations for wreckers.
B.
Within 12 hours after the removal of any vehicle pursuant to this
Part, the Chief of Police or other police authority of Upper Makefield
Township shall send notice of the fact that such vehicle has been
impounded to the owner of record of such vehicle, stating the place
from which the vehicle was removed, the reason for its removal and
impounding, and the location of the storage facility in which it has
been impounded.
C.
The Chief of Police, or any other police officer of Upper Makefield
Township, directing the towing and impounding of a vehicle pursuant
to this Part, shall, in addition to the notice aforementioned, immediately
notify the Bucks County police radio facility of the impoundment of
the vehicle, describing the vehicle and its registration, and providing
the police radio with the name of the owner thereof.
A.
Maintenance of equipment. Wreckers shall keep and maintain towing
equipment which is adequate to perform such towing service in a reasonably
workmanlike manner.
B.
Compliance with rate schedule. Wreckers shall charge for their services
such rates as have been indicated in the schedule filed with the Township
in application for a license.
C.
Rotation of Township towing. Wreckers shall perform towing services
for the Township on a rotation basis to be established by the Chief
of Police.
D.
Interception of police calls. No wrecker shall intercept police calls
by short wave radio.
E.
No wrecker called for service to the scene of an accident shall tow
or move any motor vehicle without first obtaining either the consent
of the owner or authorization of the Police Department. If a vehicle
is towed or moved with the owner's consent, the wrecker shall provide
to the investigating police all necessary information including a
description of the vehicle, its body style, its serial number and
its state license number.
A.
Any person who parks, leaves unattended or abandons any vehicle in
violation of any ordinance of the Township or of the laws of the Commonwealth
of Pennsylvania shall be liable for towing and storage charges established
or approved pursuant to this Part. Such charges shall be payable to
the licensed wrecker who has towed or stored the vehicle in accordance
with this Part, but no lien shall arise in favor of such wrecker unless
the driver or owner of the vehicle shall have directed or consented
to its removal.
B.
Wreckers shall, upon demand, indemnify the Township to the extent
of the towing and storage charges collected from the owner of any
vehicle, in any case where the Township is adjudged liable for the
payment of such charges.
C.
Wreckers operating pursuant to this Part shall be deemed to act as
independent contractors, and no act or omission of the wrecker shall
be attributed to the Township by reason of the license granted, operations
undertaken hereunder, or by reason of the Township's request for towing
or storage service.
D.
Nothing contained in this Part shall in any way diminish the duty
of care owed by wreckers to the owners of vehicles towed or the duty
of wreckers to any other person.
A.
Payment by the person entitled to possession of an impounded vehicle
to the wrecker of towing and storage charges, unless such payment
is made "under protest," shall be final and conclusive and shall constitute
a waiver of any right to recover the money so paid.
B.
When payment of charges is made "under protest," the offender shall
be entitled to a hearing before a Magisterial District Judge or a
court of a record having jurisdiction, in which case, the defendant
shall be proceeded against and receive such notice as is provided
by the laws of the Commonwealth of Pennsylvania in other cases of
summary offenses, and shall have the same right to appeal and to waiver
of hearing.
[Amended 3-18-1975 by Ord. No. 36]
The Township shall revoke a license issued hereunder when it
finds any of the following grounds:
A.
The license was procured by fraudulent conduct or false statement
of a 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.
B.
The license illegally employed a short-wave radio to obtain information
as to the location of the scene of an accident or disabled vehicle.
C.
The licensee paid in the form of a gratuity any third person not
involved in the accident for information as to the location of the
accident.
D.
The licensee has violated the fee schedule by overcharging; which
allegations may be confirmed by written complaints from the public.
E.
The licensee has violated any of the requirements of this Part or
any of the rules and regulations as established by the Chief of Police
or the Township Supervisors.
[Amended 12-6-1995 by Ord. No. 186]
A.
Any person, firm or corporation who shall violate any provision of
this Part shall, upon conviction thereof, be sentenced to pay a fine
of not less than $100 nor more than $600 plus costs, and in default
of payment of said fine and costs, to a term of imprisonment not to
exceed 30 days. Each violation shall constitute a separate offense.
[Amended 7-16-2008 by Ord. No. 287]
B.
As a further penalty for any violation of any section of this Part,
the licensee shall have his license revoked and shall be forbidden
to perform any "on-call" service for the Township and shall be removed
from the rotation schedule.
The Township shall have no liability or obligation to any licensed
wrecker for the payment of any towing or storage charges incurred
or any other expenses of the wrecker unless a specific agreement for
the payment of the same is negotiated with the Secretary of the Township.
