This article is enacted under authority of § 6109(a)(22)
of the Vehicle Code[1] and gives authority to the Township of Warrington to remove
and impound those vehicles which are parked in a tow-away zone and
in violation of parking regulations of this chapter. Vehicles which
have been abandoned (as defined by the Vehicle Code) or which are
parked in such a manner as to interfere with traffic or pose a hazard
to others may be towed under the provisions of the Pennsylvania Vehicle
Code.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
The Township of Warrington shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 330-43 of this article, and provided that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article, or the provisions of the Pennsylvania Vehicle Code.
The following designated streets and/or parking lots are hereby
established as tow-away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
the Township of Warrington parking regulations:
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Street
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Side
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Between
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Parking Lot
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(Reserved)
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[Amended 8-8-2001 by Ord.
No. 01-10]
A.
DISABLED OR WRECKED OR ABANDONED OR IMPOUNDED VEHICLES
FLATBED WRECKER
LEASED
LIGHT-DUTY WRECKER or WHEEL-LIFT WRECKER
PERSON
POLICE DEPARTMENT
TOWER
TOWNSHIP
Definitions. For the purpose of this section, the following words
and phrases shall have the meanings indicated hereinbelow. When not
inconsistent with the context, words used in the present tense shall
include the future, and words used in the plural shall include the
singular. The word "shall" is always mandatory and not merely directory.
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, or other vehicle or device in, upon or by which any person
or property is or may be transported or drawn upon a highway, road
or street, which is no longer capable of safe operation on a highway,
road or street and presents a safety hazard to the public by virtue
of its location on or adjacent to a public highway, road or street
in the Township of Warrington.
A flatbed vehicle equipped with a roll body and winch designed
for and capable of lifting and transporting passenger and commercial
vehicles.
Vehicles must be leased for a fixed period of greater than
three years and for a fixed flat rate. Lessor must be a business,
company, entity or corporation whose usual and customary business
is that of leasing motor vehicles.
A vehicle designed for and capable of lifting and transporting
passenger vehicles.
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
The Police Department of the Township of Warrington, County
of Bucks.
A person engaged in the business or offering the services
of a vehicle wrecker, tow truck, car carrier or other vehicle, whereby
disabled or wrecked or abandoned vehicles are towed or otherwise removed
from the place where they are disabled or wrecked or abandoned by
use of a vehicle so adapted to that purpose.
The Township of Warrington, County of Bucks.
B.
License required. No person shall offer his/her services to or be
called by the Township or its Police Department as a tower for the
purpose of removal of disabled or wrecked or abandoned vehicles unless
that person is the holder of a current towing license as hereinafter
provided.
C.
Application for license.
(1)
Application for a towing license shall be made to the Township upon
a form available from the Township, which form shall require the following
information:
(a)
The name, address and telephone number of the business for which
the towing license is sought.
(b)
The type of business organization under which the business is
operated (i.e., sole proprietorship, partnership, corporation, etc.).
(c)
The name, home and business address and telephone numbers of
all the owner(s), or in the case of a corporation, stockholder(s),
for which the towing license is sought.
(d)
A list of the tow trucks, vehicle wreckers, car carriers or
other vehicles available for service to the Township, including a
description of each vehicle or piece of equipment (type, make, model,
year, etc.), the name and address of the owner/lessee of each vehicle
or piece of equipment and their location and hourly availability.
(e)
The address and description of the premises upon which disabled
or wrecked vehicles will be towed to and/or stored, including the
size of the area on the premises available for storage of vehicles,
the approximate number of vehicles which may be stored in the area,
whether said area is fenced and a description of any security precautions
or protection methods for vehicles stored in said area.
(f)
A certificate of insurance or other proof acceptable to the
Township that the applicant has obtained the general liability and
garage keeper's liability insurance required for the issuance of a
towing license.
(2)
The application shall be reviewed by the Chief of Police within 45
days of receipt of the application. The Chief shall thereafter advise
the applicant of whether the license has been approved or disapproved.
[Amended 1-23-2018 by Ord. No. 2018-O-2]
(3)
Towing licenses shall be issued for a period of two years, commencing
on January 1 and terminating on December 31 of the second year. Any
applicant whose application for a license has been received and approved
during the year, said license will expire on December 31 of the second
year as if issued the January 1 of the first year.
[Amended 1-23-2018 by Ord. No. 2018-O-2]
(4)
Applications shall be reviewed and approved or denied in the chronological
order in which they are received by the Township. An application shall
not be deemed received by the Township unless it is completed and
contains all the items set forth herein.
(5)
In the event that there are fewer than three licensed towers approved
by the Township, the Township may issue licenses during the calendar
year in order to increase the number of licensed towers to three.
The number of licensed towers shall not exceed a total of three.
[Amended 5-14-2013 by Ord. No. 2013-O-06]
(6)
Applicants must execute an agreement to indemnify the Township for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
D.
Standards for issuance of towing license. A towing license shall
be issued to applicants who meet all the following requirements:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
The following vehicles shall be owned or leased exclusively by the
applicant, garaged on the premises from which the applicant's towing
business is conducted and available on call for the service at the
request of the Township or its Police Department.
(2)
All of the aforesaid required vehicles shall bear a sign indicating
the name and telephone number of the applicant's towing business,
and the applicant shall make said vehicles available for the verification
of the Township.
(3)
A six-foot-high fenced-in storage yard or other secure facility,
open or closed, shall be located on the premises from which the applicant's
towing business is conducted, and such yard or storage area shall
be authorized by the appropriate zoning, use, occupancy or other municipal
permits. A storage area must be available to hold a minimum of 20
vehicles and a building that is capable of storing at least two vehicles
inside. The applicant shall install screening and comply with all
the provisions of the State and Federal Highway Beautification Acts.
(4)
The applicant's place of towing business shall be located within
the Township boundaries in order that the response time to a call
for service is immediate.
(6)
Each policy required herein shall contain an endorsement providing
10 days' notice to the Township of Warrington in the event of any
material change or cancellation for any cause. Written notice to the
Township of Warrington shall be the responsibility of the issuing
company.
(7)
All of the aforesaid vehicles shall be equipped with a two-way communication
system such as two-way radios or mobile telephones.
E.
Issuance of license. A towing license shall be issued to each applicant
whose application has been approved by the Chief of Police.
[Amended 1-23-2018 by Ord. No. 2018-O-2]
F.
License status. A towing license issued by the Township on condition
of, and with the express agreement of the licensee that, the licensee
shall, at all times, act as independent contractor to and not as an
employee of the Township or its Police Department and that payment
for services rendered pursuant to said license shall be by the owner,
operator or custodian of the disabled, wrecked or abandoned vehicle.
G.
Duties of licensees.
(1)
All licensees shall keep and maintain all of the vehicles listed
on its applications in a safe and operable condition and in a condition
which shall pass the motor vehicle inspection standards for the Commonwealth
of Pennsylvania. Said vehicles shall be immediately available to answer
calls for service by the Police Department. All licensees shall not
use or employ a vehicle that is not listed on the towing license application
(or filed an amendment to the application listing any new equipment).
(2)
All licensees shall ensure any operator of their equipment possesses
a current and valid Pennsylvania driver's license for the class vehicle
they are operating. The licensee is further responsible to ensure
that his/her operator obeys all laws of the Vehicle Code[1] of the Commonwealth of Pennsylvania.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(3)
All licensees shall respond within 15 minutes from their receipt
of the Police Department's call requesting service to the arrival
of the licensee's appropriate towing vehicle at the location of the
disabled or wrecked or abandoned vehicle, except in bad weather or
adverse road conditions.
(4)
Fees charged by the licensee, when towing or storing towed vehicles
as an independent contractor to the Township of Warrington, shall
be established by resolution. The rates shall be determined by obtaining
the input of the licensees and the current prevailing rate for the
area. Licensees shall not charge fees in excess of those established
by resolution.
[Amended 1-23-2018 by Ord. No. 2018-O-2]
(5)
All licensees shall be responsible for removing vehicular parts and
debris from the highway.
H.
Township police duty tow.
(2)
If the owner or operator cannot remove the disabled or wrecked or
abandoned vehicle or refuses or fails to have the vehicle removed
within a reasonable time, a Township police officer shall call the
towing licensee assigned to the police duty tow to effect such a removal.
Requests by an owner/operator will be honored for outside wreckers
if, within the officer's opinion, traffic will not be impeded and
the vehicle is to be towed away within a reasonable time.
(3)
The Police Department shall establish rules and regulations for the
rotation of assignments, and the use of the duty tow by Township police
officers.
I.
Suspension and revocation of license.
[Amended 1-23-2018 by Ord. No. 2018-O-2]
(1)
The Township reserves the right to suspend the license of an operator
at any time for any of the following reasons:
(a)
An inspection by a Township Police Officer determines that the
required equipment is missing, inoperable or unsafe.
(b)
The operator does not respond to a call requesting service or
does not respond within 15 minutes of their receipt of a call requesting
service.
(c)
The operator charges fees that exceed those approved by the
Township.
(d)
The Chief of Police receives a complaint about the operator.
(2)
Any suspension of an operator's license shall continue, without rebate
of either the application fee or license fee, until such time as the
Township determines the applicant is in full compliance with the terms
and conditions of this article.
(3)
The Township shall give the operator warnings or notice that the
licensee is in violation of the provisions and terms of this regulation
prior to any formal action to suspend the license. The Township shall
permit the licensee to correct deficiencies within the time frame
as follows:
(4)
A towing license shall be revoked upon a finding by the Township
of any of the following grounds:
(a)
The license was procured by fraudulent conduct or false statement
or omission of a material fact, and in this event, the license shall
be null and void and as if the application had never been filed.
(b)
The licensee failed to perform or violated any of the duties
of a licensee set forth herein.
(c)
The licensee no longer meets all the standards for issuance
of a towing license.
(d)
The licensee's application is found to be defective in any way
or contains misinformation or omissions of fact, and in this event,
the license shall be null and void and as if an application had never
been filed.
(e)
The licensee failed to correct safety-related or nonsafety-related
deficiencies within the time periods provided above.
(f)
The licensee's license has been suspended three times.
(g)
Failure of the licensee to comply with any of the terms of this
article, when, in the sole discretion of the Chief of Police, such
failure is willful and intentional or when such failure or the reckless
conduct of the licensee or its operator jeopardizes the personal safety
of a police officer or any other individual.
(h)
On more than one occasion, the operator fails to respond to
a call requesting service or does not respond within 15 minutes of
receipt of a call requesting service.
(i)
On more than one occasion, the operator charges fees that exceed
those approved by the Township.
(j)
The Chief of Police receives numerous validated complaints about
the operator.
(5)
Complaints.
(a)
Any complaints against the towing service that the owner or
person in charge of any vehicle that this Department has caused to
be towed wishes to make should be in written form to the Chief of
Police.
(b)
The Chief of Police shall make a determination of the merit
of such complaint and take such action as necessary to correct the
matter if the complaint is validated.
The payment of towing and storage charges shall not relieve
the owner or driver of any vehicle from liability for any fine or
penalty for the violation of the provision of this article for which
the vehicle was removed or impounded.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
In order to reclaim his vehicle, the owner shall pay towing
and storage costs, plus a fee of $50, of which $25 shall be transferred
to the Pennsylvania Department of Transportation by the garage to
which the vehicle was taken.
The Township of Warrington shall cause a record to be kept of
all vehicles impounded under this article and shall be able at all
reasonable times to furnish the owners or the agents of the owners
of those vehicles with information as to the place of storage of the
vehicle.
No vehicle shall be removed under the authority of this article
or the Vehicle Code[1] if, at the time of the intended removal, the owner or
the person for the time being in charge of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of $50 together
with all costs of disposing of the vehicle under provisions of the
Vehicle Code, 75 P.S. § 7301 et seq. (1977), as hereafter
amended, supplemented, modified or reenacted by the General Assembly
of Pennsylvania.
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT in accordance with
§ 7311 of the Vehicle Code, by the person having legal custody
of the vehicle. If the vehicle has not been claimed after 30 days,
the vehicle may be transferred to a licensed salvor who will then
be responsible for filing the proper reports and disposing of the
vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania
Motor Vehicle Code (75 Pa.C.S.A. § 110 et seq., as amended).
