[Ord. 550, 8/8/2011[1]]
The purpose and intent of this Part 12 is to regulate towing rates and towing services as permitted by 75 Pa.C.S.A. § 3353; to provide for proper licensing of towing services and notice to the East Lansdowne Police Department where vehicles are towed from public or private property without the consent of the owner or operator of the vehicle by a towing service operating on behalf of an owner or lessee of private property, or by a towing service operating on behalf of the lienholder or lessee of the vehicle; and to avoid erroneous reports of stolen vehicles being submitted to the East Lansdowne Police Department.
[1]
Editor's Note: This ordinance superseded former Part
12, Towing, adopted 7/12/2010 by Ord. 543.
[Ord. 550, 8/8/2011]
1.
Passenger Cars.
A.
The cost of towing passenger cars which are hooked and removed from
public or private premises shall not be in excess of a fee as set
forth from time to time by resolution of the Borough Council for each
crane tow or wheel lift. In all instances when a vehicle is hooked
and the owner/operator of the vehicle returns prior to the vehicle
being removed, the tow operator shall be required to remain at the
location where the vehicle was hooked for at least 20 minutes to allow
the owner/operator to obtain cash to pay the hooking fee as set forth
from time to time by resolution of the Borough Council and shall release
the vehicle to the owner/operator immediately upon receipt of the
fee.
B.
The cost of storage of any impounded passenger car, which cost is
charged by any towing service operator with respect to any passenger
car towed from East Lansdowne, shall not be in excess of a fee as
set forth from time to time by resolution of the Borough Council,
per day. Said storage fee shall be chargeable immediately upon the
placement of the vehicle into storage.
2.
Vehicles Other Than Passenger Cars.
A.
The cost of towing vehicles other than passenger cars shall not be
in excess of a fee as set forth from time to time by resolution of
the Borough Council. In all instances when such a vehicle is hooked
and the owner/operator of the vehicle returns prior to the vehicle
being removed, the tow operator shall charge no more than the hooking
fee as set forth from time to time by resolution of the Borough Council
and shall release the vehicle to the owner/operator immediately upon
receipt of the fee.
B.
The cost of storage of any impounded vehicle other than a passenger
car, which cost is charged by any towing service operator with respect
to any such vehicle towed from East Lansdowne, shall not be in excess
of a fee as set forth from time to time by resolution of the Borough
Council, per day. Said storage fee shall be chargeable immediately
upon the placement of the vehicle into storage.
3.
For purposes of this Part, the term "passenger car" shall include
all vehicles weighing less than 9,000 pounds.
[Ord. 550, 8/8/2011]
1.
The provisions of this Part shall apply to the towing of any vehicle
parked or left unattended on public or private property without the
consent of the property owner or lessee, including but not limited
to repossession of vehicles on behalf of a lienholder or lessor of
a vehicle.
A.
No towing service shall remove any vehicle that is parked or left
unattended on private property unless the private property owner or
property lessee consents in writing to such removal, except that the
Borough of East Lansdowne or anyone acting on its behalf or at its
request shall be exempt from this provision.
B.
In addition, any towing service shall first secure a license from
the Borough of East Lansdowne prior to doing any towing from any public
or private property located in East Lansdowne Borough.
(1)
A license shall be obtained every calendar year, for a fee to
be set from time to time by resolution of the Borough Council, upon
completion of an East Lansdowne Police Department application containing,
at a minimum, the following information:
(a)
The name, address and telephone number of the towing service.
This telephone number shall be answered on a twenty-four-hour basis,
seven days per week.
(b)
The name, business address and telephone number of all persons
or entities having an ownership interest in the towing service.
(c)
The name, address and telephone number of all persons from whose
property in the Borough of East Lansdowne the towing service is authorized
to remove vehicles.
(d)
The name, address and telephone number of the storage yard to
which vehicles removed from private property in East Lansdowne Borough
will be towed.
(e)
The name, address and telephone number of the bonding company
and the name, address and telephone number of the bonding company
agent through whom the bond required by this Part has been issued.
C.
The Chief of Police, upon determining that any provision of this
chapter has been violated, in addition to any other penalties provided
herein, may revoke a license issued hereunder, together with the right
to reapply for a subsequent license, for a period of up to two years.
Appeal from such revocation shall be to the Public Safety Committee
of the East Lansdowne Borough Council and shall be handled under the
Local Agency Act (see 2 Pa.C.S.A. § 101 et seq.).
D.
Authorized towing services shall:
(1)
Maintain a current surety bond with the Borough in the sum of
$10,000, and in form satisfactory to the Borough's Solicitor,
conditioned upon the faithful performance by the towing service of
its duties under this Part, and to indemnify the owners of vehicles
against loss, injury or damage to vehicles while in his custody. The
surety bond shall be issued by a bonding company that is approved
by the United States Department of the Treasury and/or by the Commonwealth
of Pennsylvania.
(2)
Provide certificates of insurance as follows: in the minimum
amount of $500,000 combined single limit for hired autos, nonowned
autos; $100,000 for each personal injury; and $50,000 per occurrence
for garagekeeper's liability.
(3)
Comply with the provisions of the Pennsylvania Vehicle Code
(see 75 Pa.C.S.A. § 101 et seq.) with respect to the removal
and storage of vehicles from private property or the removal and impoundment
of vehicles from public property.
(4)
Call 911 and report that a vehicle is being towed as the vehicle
is being removed from private property and notify the East Lansdowne
Borough Police Department by facsimile transmission of the removal
of a vehicle from public or private property and provide a description
and license number of the vehicle thus removed within two hours of
such removal.
(5)
Provide the Borough of East Lansdowne Police Department with
a true and correct copy of each and every contract between the towing
service and the owner and/or lessee of any private property with respect
to the removal of vehicles from private property within the Borough.
(6)
Display the name of the towing service or the person operating
it, together with a valid phone number therefor, by signs on both
sides of the tow truck.
(7)
Maintain, during off hours, either a telephone operator, answering
service or telephone tape machine to provide owners or operators of
towed vehicles with necessary information as to the location of the
storage lot, the hours of operation, the cost, the required method
of payment and the procedure for claiming the towed vehicle.
(8)
Display the current towing license obtained from the Borough
of East Lansdowne on the rear of the tow vehicle.
E.
Signs on Private Lots. No person shall remove or cause to be removed
a vehicle parked on a private lot without authorization unless signs
are posted by the owner of the lot as follows:
(1)
A sign, at least two feet by two feet in size, will be posted
at eye level in a clearly visible location within a private lot containing
fewer than 20 parking spaces, explicitly indicating that all unauthorized
vehicles will be towed at the owner's expense. It will indicate
the name and phone number of the towing agency, the hours of operation
and the towing and storage fees then in effect. Each sign shall contain
the following language in lettering no smaller than the other text
on the signs: "IF YOU LEAVE THE PREMISES YOUR VEHICLE WILL BE TOWED."
(2)
Within a lot containing more than 20 parking spaces, the property
owner shall prepare a site plan, subject to the approval of the Chief
of Police, showing signage readily visible from all directions. Such
signs, clearly indicating that all unauthorized vehicles will be towed
at the owner's expense, shall thereafter be posted and maintained
pursuant to the approved site plan.
(3)
In the event that the Pennsylvania Motor Vehicle Code provides
for a more-demanding standard with regard to signs and posting of
signs, said standards shall be followed.
[Ord. 550, 8/8/2011]
In any proceeding for a violation of the provisions of this
Part, the registration plate, if any, displayed on such motor vehicle
shall be prima facie evidence that the owner of said motor vehicle
was either operating said motor vehicle or was in operation and control
of said motor vehicle at the time of said violation.
[Ord. 550, 8/8/2011]
Any person who has requested, in writing, an increase in towing,
hooking or storage fees and who has been denied, or if no decision
has been made within 30 days of the request, shall have the right
to appeal, in writing, to the Borough Council within 30 days of the
denial or of the expiration of 30 days after the request if no decision
is rendered. The Borough Council shall set a hearing date within 30
days of receiving such appeal request. At such hearing, the applicant
is entitled to be heard and present evidence on its behalf. The Borough
Council shall render a decision on the request within 15 days following
the date of the hearing.
[Ord. 550, 8/8/2011]
1.
Any violation of any provision of this Part shall be punishable by
the following: a fine not to exceed $1,000 or 30 days' imprisonment.
Each day that a violation continues shall be deemed a separate offense.
2.
In addition to the monetary penalties provided above, a person or
entity who has committed three or more violations of this Part within
a period of 12 consecutive months may be subject to one or more of
the following penalties:
[Ord. 550, 8/8/2011]
1.
The requirements of this Part shall not apply to repossession of
vehicles on behalf of lienholders. However:
A.
This exemption only applies to the actual repossession of vehicles
on behalf of lienholders and does not provide an exemption for any
other towing activity that is conducted within the Borough. When not
engaged in repossession activity, persons and entities engaged in
the business of towing vehicles must comply in all respects with the
requirements of this Part.
B.
A person or entity which is engaged in repossession of a vehicle
on behalf of a lienholder shall, at least one hour prior to beginning
the repossession, notify the East Lansdowne Police Department of the
intention to repossess the vehicle; give the East Lansdowne Police
Department the name of the vehicle owner and the address at which
the vehicle repossession is going to take place; and present proof
of the right to repossess the vehicle.
