[Ord. 1756, 8/25/2003, Section 1]
This ordinance shall be known and may be cited as the Public/Private
Property Towing Ordinance.
[Ord. 1756, 8/25/2003, Section 2]
The purpose of this ordinance is to provide for a convenient
and regulated towing system for the timely removal of motor vehicles
damaged, abandoned, immobilized, illegally parked, or disabled on
public rights-of-way or on public or private property within the Borough.
[Ord. 1756, 8/25/2003, Section 3]
a. Public Property. Any vehicle parked on any of the highways, public
rights-of-way or other public property in the Borough, which is parked
in violation of any provision of the law or of any ordinance of the
Borough, or which has been immobilized in excess of 72 hours in accordance
with the provisions of this ordinance, may be removed under the provisions
of this ordinance. The Borough Manager, Director of Public Works,
Borough Engineer, Parking Manager, or any officer of the State College
Police Department is authorized to make the decision whether or not
to remove any vehicle. Removal shall be done only by employees of
the Municipality or by a licensed towing company.
Any vehicle removed shall be impounded in a storage facility,
as herein defined, or on property controlled by the Borough and designated
for vehicle impoundment by the Borough.
b. Private Property. Any motor vehicle left unattended on private property
within the Borough may be removed under the provisions of this regulation.
The decision to remove any such motor vehicle shall be made by either
the property owner or upon written authorization as specified in § 11-714.
Removal of such vehicle may be done only by towing services licensed
by the Borough as designated in § 11-705 of this chapter.
Any motor vehicle removed by authority of this ordinance shall be
impounded in a storage facility, as herein defined.
[Ord. 1756, 8/25/2003, Section 4]
BOROUGH
The Borough of State College, County of Centre, State of
Pennsylvania.
BUSINESS
Business is the physical place/establishment where employees
report to work, equipment is stored and dispatched to and from, all
company dealings take place, record keeping and daily activity, etc.,
is performed. For purposes of this ordinance, a business shall have
employees at the business address at a minimum of normal business
hours, which is defined as 8:00 a.m. to 5:00 p.m., Monday through
Friday, exclusive of national holidays.
CHIEF OF POLICE
The Chief of Police of the State College Police Department
or his/her designee.
CUSTODIAN
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle.
GVW
Gross vehicle weight.
PERSON
An individual, firm, partnership, association, employee,
corporation, company, or organization of any kind.
PRIVATE PARKING LOT
A non-municipal parking lot open to the public or used for
parking without charge, or a non-municipal parking lot used for parking
with charge.
PRIVATE PROPERTY
Real property owned by an individual, firm, partnership,
association, corporation, company or organization including private
parking lots as defined in the Vehicle Code.
PROPERTY OWNER
An individual, firm, partnership, association, corporation,
company, organization, or designee representing the owner of the property
from which the vehicle is being towed.
TIMELY RESPONSE
Generally means 20 minutes or less from the time the towing
company is requested until the wrecker arrives at the scene. At times
there may be circumstances beyond a tower's control that makes it
impossible for a towing company to arrive within 20 minutes.
TOWING COMPANY
Any business engaged in the towing, removing, or storing
of motor vehicles at the request of the Municipality or private property
owners. This includes the towing company owner and its employees and
agents.
TOWING COMPANY OWNER
Any person(s) having financial interest in a licensed towing
company. This does not include persons who are solely employed by
the towing company.
TOWING ROTATION LIST
The list maintained by the Chief of Police of all towing
companies licensed by the Borough.
VEHICLE CODE
Title 75 of the Pennsylvania Consolidated Statutes.
WINCHING
When the cable that is attached to a motorized pulley system
is unwound and attached to a vehicle to then place that vehicle in
such a position that the vehicle may either be driven away or conventionally
hooked to a wrecker.
WRECKER
A vehicle designed and used for removing and transporting
motor vehicles. This term shall also include a rollback truck, tow
truck, or other vehicles commonly used to perform towing services.
[Ord. 1756, 8/25/2003, Section 5; amended by Ord. 1910, 10/6/2008,
Section 1; Ord. 1975, 11/7/2011, Section 1; Ord. 2047, 9/8/2014, Section
1; Ord. 2066, 12/21/2015, Section 1]
There are two separate licenses available, a private towing
license and a public towing license:
The Public Towing License is required for any towing company
engaged in the business of towing vehicles at the request of the Borough
from highways, public rights-of-way or other public property in the
Borough shall be licensed annually in accordance with the provisions
of this section.
The Private Towing License is required for any towing company
engaged in the business of towing vehicles from private property in
the Borough shall be licensed annually in accordance with the provisions
of this section.
a. Application for License. Applications for license shall be submitted
to the Chief of Police upon forms prepared and made available by the
Borough. The application form(s) shall be properly completed, signed
and accompanied by the application and license fee. The Chief of Police
shall review and inspect the required storage facility and towing
equipment and all applications for compliance with the terms of this
ordinance and other applicable regulations.
b. Issuance of License(s). A private and/or public towing license shall
be issued only to towing companies that comply with the provisions
of this ordinance.
c. License fee. The license fee under this ordinance for the original
application shall be $1,000 for the public towing license and $1,000
for the private towing license. These are nonrefundable application
fees.
[Amended by Ord. 2101, 9/11/2017, Section 1]
d. Multiple licenses. The application fee for a second license for any
towing company currently licensed (either public or private) at the
time of original application shall be $275.
[Amended by Ord. 2101, 9/11/2017, Section 1]
e. License renewal. All licenses, except those terminated for just cause
as provided herein, are subject to an annual renewal fee of $525 for
a single license and $1,000 for both a public and private license.
This renewal fee shall be paid within the first quarter of each calendar
year.
[Amended by Ord. 2101, 9/11/2017, Section 1]
[Ord. 1756, 8/25/2003, Section 6]
Towing companies to be licensed under this ordinance to tow
vehicles at the request of the Borough or private landowners shall
maintain the following minimum requirements:
a. Wreckers and General Equipment.
(1) Business and equipment shall be located within five road miles of
the State College Municipal Building, located at 243 S. Allen Street.
[Amended by Ord. No. 2174, 3/21/2022]
(2) If any of the licensed towing agencies within five road miles of
the State College Municipal Building are unable to respond to a request
within 20 minutes, then the Borough reserves the right to contact
all other towing agencies to fulfill the request.
[Amended by Ord. No. 2174, 3/21/2022]
(3) Wreckers shall be maintained in safe mechanical condition and must
display current state inspection and registration.
(4) Towing Equipment Required. One wrecker with, at a minimum, the following
equipment or specifications:
(a)
Ten thousand pound or greater GVW chassis truck;
(b)
Rear wheel lift with either an integrated or separate boom;
(c)
Eight thousand pound winching capability;
(g)
One or two rotating amber overhead lights visible from 360°;
(h)
Clean-up equipment and oil dry or similar approved material;
the ability to communicate immediately with the towing company's dispatcher;
and
(i)
Any other equipment to properly tow vehicles.
(5) One roll back vehicle (required for public property towing license).
(6) Wrecker(s) and required towing equipment shall be owned or leased
by the towing company.
(7) A wrecker used by a Borough licensed towing company shall not be
used or operated by any other towing company under this ordinance
unless authorized to do so by the Chief of Police.
b. Storage Facilities.
(1) All storage facilities used for impoundment of vehicles towed at
the request of the Borough/private property owner shall be located
within five road miles of the State College Municipal Building, located
at 243 S. Allen Street.
[Amended by Ord. No. 2174, 3/21/2022]
(2) The storage facility shall be owned or leased by the towing company
owner.
(3) The storage facility shall comply with zoning regulations applicable
in the jurisdiction where the facility is located.
(4) The storage facility shall be, at a minimum, 12,000 square feet,
and enclosed by a secured fence or building. When enclosed by a fence,
the fence shall be a minimum of six feet in height and made of a sturdy
material such as a chain link, wooden slats, or other approved material.
All gates shall be secured with locks or other security mechanisms
to reasonably prevent entry by unauthorized persons.
(5) The lot shall be reasonably well lit to provide ability for towers/customers
to inspect, release, pick up vehicles, and to provide a safer environment
during hours of darkness.
(6) The towing company owner is responsible for the security of the stored
vehicles.
(7) The towing company owner shall establish a system convenient to the
vehicle owner to provide for the release of towed vehicles from the
storage facility 24 hours a day, daily. Added: The towing company
must accept all forms of payment at the storage location for the release
of a vehicle and may not require the party to go to any other location
than the storage facility to have the vehicle released. The towing
company must accept at least two major credit cards.
[Amended by Ord. No. 2174, 3/21/2022]
(8) Release of towed vehicles under the private towing license shall
be completed within a two-hour time period following receipt of the
request to release the towed vehicle.
(9) Release of personal property from a towed vehicle that is not attached
to the vehicle shall be made within a two-hour time period following
receipt of the request to return the property. Except as provided
in § 11-710a(3), no fee shall be charged for the return
of personal property from a towed vehicle that is not attached to
the vehicle.
c. Advertising. Towing companies must be listed in the State College/Bellefonte
classified section of the current published telephone directory Added:
and easily appear in internet searches to provide the listed minimum
information. This listing must, at minimum, include the company name,
business address, and a business telephone number that is personally
answered 24 hours per day. Added: The towing company is required to
inform every caller seeking vehicle release the physical address of
the storage facility and information that this is the only location
where they are required to go for the vehicle to be released.
[Amended by Ord. No. 2174, 3/21/2022]
d. Insurance.
(1) Towing companies shall be required to carry insurance at the minimum
policy limits as follows:
(a)
Automobile liability insurance in an amount not less than $500,000,
combined single limits.
(b)
Workers' compensation insurance, as required by Statute.
(c)
Garage keeper's liability insurance in an amount not less than
$50,000 per location.
(d)
Garage liability insurance in an amount not less than $500,000
combined single limit.
(e)
Miscellaneous coverage to provide complete protection to the
Borough against any and all risks of loss or liability including comprehensive
General Liability.
(f)
Collision coverage for vehicles in tow.
(2) The Borough shall be listed as an additional insured party on all
policies and such policies shall contain a provision requiring notification
to the Borough prior to any policy revision or termination. A copy
of the policy shall be provided to the Chief of Police.
e. Criminal Record. No towing company owner shall have any misdemeanor
and/or felony criminal convictions for criminal violations that would
be inconsistent with providing professional towing service. Specifically,
no towing company shall have such conviction(s) for the following
violations of the Pennsylvania Crimes Code:
Chapter 25
|
Criminal Homicide
|
Chapter 29
|
Kidnapping
|
Chapter 31
|
Sexual Offenses
|
Section 3502
|
Burglary
|
Section 3921
|
Theft by Unlawful Taking or Disposition
|
Section 3922
|
Theft by Deception
|
Section 3925
|
Receiving Stolen Property
|
Section 4101
|
Forgery
|
Section 4104
|
Tampering With Records or Identification
|
Section 4107
|
Deceptive Business Practices
|
Section 4117
|
Insurance Fraud
|
[Ord. 1756, 8/25/2003, Section 7; amended by Ord. No. 2174, 3/21/2022]
This section only applies to towing companies holding current
public towing licenses, as provided for in this ordinance. The Chief
of Police shall maintain the list of licensed towing companies, listed
alphabetically, requested by authorized Borough employees on a rotating
basis. "Rotating basis" means the towing company appearing on top
of the list shall be requested first to do the tow. Once the towing
company on the top of the list is requested, that name shall be placed
on the bottom of the list. Thereafter, for each subsequent request,
the process shall be repeated. The towing company listed on the top
shall be requested and that name then moved to the bottom.
When the towing company on the top of the list is called for
a towing request and fails to answer the telephone, that company shall
be moved to the bottom of the list and the next name on the list will
be requested.
If a towing company on the top of the list is requested but
prior to providing the towing services the request is canceled, that
towing company shall be placed back on top of the towing rotation
list to receive the next request.
This rotation may be waived when, in the opinion of a Borough
employee, the immediate removal of a vehicle(s) is critical to public
safety. If all licensed towing companies in the Borough are unable
to fulfill a request for a tow where the immediate removal of a vehicle(s)
is critical to public safety, a non-licensed towing company in the
area may provide the required towing services.
[Ord. 1756, 8/25/2003, Section 8; amended by Ord. 1975, 11/7/2011,
Section 2; Ord. 2047, 9/8/2014, Section 2]
a. Private Property. All vehicles removed, transported or conveyed from
private property by a licensed towing company shall be stored at the
towing company storage facility unless otherwise authorized by the
police department.
Public Property. All vehicles removed, transported or conveyed
at the request of the Borough, shall be stored at the towing company's
storage facility or at property owned or controlled by the Borough,
or to a location specified by the vehicle owner or operator.
b. Any vehicle remaining at the storage facility for a minimum of 15
days and a maximum of 30 days may be removed, as permitted by applicable
salvor regulations in the Vehicle Code or other state statute, and
with written/faxed permission from the Chief of Police in the vehicle
was impounded by the police department.
c. In the case of a Police request of a towing company holding a public
towing license, the towing company requested shall respond to the
tow location within 20 minutes of the Borough's request. The Borough
recognizes there are circumstances, such as adverse road conditions,
that are beyond the towing company's control that would prohibit them
from arriving at the scene of the tow within 20 minutes. In these
situations the Borough may allow additional time for the towing company
to respond. Generally, if the towing company fails to respond within
20 minutes after being requested, the next available towing company
on the towing rotation may be requested. Nothing in this regulation
is intended to permit or encourage the towing company to violate any
provisions of the Pennsylvania Motor Vehicle Code or to operate a
vehicle in an unsafe manner but is intended to place police requested
tows at the highest priority for public safety reasons.
d. Towing companies shall be available to tow vehicles 24 hours-a-day,
seven days a week. In rare instances when a towing company is not
available to tow vehicles for the Borough, the towing company shall
notify the Chief of Police of the circumstances that prohibit them
from performing tows and the estimated time they will be unavailable.
e. All licensed towing companies shall be required to notify the Chief
of Police within 24 hours of any modifications to information provided
in the towers license application.
f. All licensed towing companies shall be notified by the Borough of
State College of any additions, deletions, modifications, or changes
to this ordinance within seven days of the change.
g. Towing company owners shall comply with all local, state, and federal
laws and regulations and are responsible for insuring that all employees
of the towing company adhere to this ordinance.
h. The Borough shall not be liable for any towing company's fees for
non-Borough vehicles unless the vehicle is towed to a Borough facility.
All fees for towing services and storage shall be levied against the
owner of the vehicle unless it is determined by the Borough that the
vehicle was towed in error, in which case no charges will be assessed
against the owner. If the error is that of the towing company, no
charges will be assessed. If the error is that of the Borough, appropriate
charges may be assessed against the Borough.
i. All fees for towing services and storage shall be levied against
the owner of the vehicle unless it is determined by the Chief of Police
or the private property owner from which the vehicle was towed, or
the towing company that the vehicle was towed in error, in which case
no charge will be assessed.
j. Towing companies shall be responsible for the conduct of all drivers
and employees. Misconduct of towing company employees may subject
a towing company to the suspension of towing privileges. The driver's
license of persons towing for a towing company are subject to inspection
by the Chief of Police.
k. The towing company shall remove accident debris as part of the towing
service.
l. In situations involving hazardous materials which require the response
by a specially trained hazardous material unit, towing services may
be limited to those towing companies certified in the removal of hazardous
material. Such companies may or may not be licensed under this ordinance;
however, those towing companies licensed by the Borough and certified
in the removal of hazardous material will be requested first.
m. In situations requiring the towing of an abandoned vehicle, as defined
by the Pennsylvania Motor Vehicle Code, only approved "salvors" may
be used to tow such vehicles. Salvors requested may or may not be
licensed under this ordinance; however, those towing companies that
are salvors and licensed by the Borough will be requested first.
n. In situations requiring the towing of a truck, truck tractor, or
combination having a gross weight or registered gross weight in excess
of 17,000 pounds, only those towing companies equipped to tow such
vehicles may be requested. Such companies may or may not be licensed
under this ordinance; however, those licensed towing companies equipped
for such tows will be requested first.
o. Only in situations requiring the towing of a motor vehicle having
a gross weight or registered gross weight in excess of the capability
of the tower's equipment, the tower may subcontract the towing of
the motor vehicle to an unlicensed towing company. The towed motor
vehicle may be towed to and stored at either the towers secured lot
or to the subcontractor's storage area. When a tower utilizes the
services of a subcontractor as permitted under this section, it will
be the towers responsibility to assure that the subcontractor complies
with all other requirements of this ordinance.
p. Motor vehicles that are locked at the time they are to be towed and
are not equipped with a lock steering mechanism shall have the front
wheels placed on dollies before being towed to insure the vehicle
being towed is kept in line with the towing vehicle. The exception
would be those vehicles with front wheel drive, in which case the
vehicle may be towed by the front. Motor vehicles being towed must
have minimum lighting, as set forth in the Vehicle Code, to provide
for safe movement on the highway.
[Ord. 1756, 8/25/2003, Section 9]
It shall be a prohibited act for any towing company to:
a. Sub-contract towing services requested by the Borough.
b. Tow or move a vehicle from or within public rights-of-way or public
property without the consent of the owner or operator, or without
authorization from the Borough.
c. Tow or move a vehicle from or within private property without authorization
from the property owner.
d. Tow or move a vehicle from or within private property in violation
of the requirements of this ordinance.
e. Use "State College" in the name of the towing company.
f. Charge or provide a written quote or invoice, or collect fees in
excess of those specifically designated in § 11-710 of this
ordinance.
g. Falsify any information with regard to the application.
h. Remove a motor vehicle from private property without using a wrecker.
i. Remove a motor vehicle from private property before completing every
procedure required to secure the motor vehicle to the wrecker, including
the attachment of any safety chains, so that the motor vehicle may
be safely towed.
j. No towing company or employee shall respond to the scene of an accident
to circumvent the towing rotation by soliciting a tow directly from
an involved party to the accident.
[Ord. 1756, 8/25/2003, Section 10; amended by Ord. 1820,
10/20/2005, Sections 1 to 5; Ord. 1910, 10/6/2008, Section 2; Ord.
1975, 11/7/2011, Section 3; Ord. 2047, 9/8/2014, Section 3; Ord. 2101,
9/11/2017, Section 2]
The following fees are established for towing and storage services
provided at the Borough's request by licensed towing companies or
performed for private property owners and are the maximum fees that
may be assessed. It shall be deemed a Borough request anytime a towing
company is requested by the Borough directly or through the Centre
County Emergency Communication Center for towing services.
a. Fees for Non-Crashes. Towing fees (including use of dollies) for
each wrecker required to complete the tow request shall be:
[Amended by Ord. No. 2174, 3/21/2022]
(1) Motorcycles and vehicles less than 3/4 ton GVW: $225.
(2) Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or
with dual rear wheels: $225.
(3) All tows that require the use of a dolly: $50.
(4) Drive shaft removal and reinstallation: $90 remove and install; $60
removal only.
(5) Vehicles larger than 11,000 lbs. GVW or with dual rear wheels shall
be commensurate with the service provided. The Chief of Police shall
be notified in writing within 72 hours after the tow of the fee charged
for all tows greater than 11,000 pounds.
(6) Snow removal fee, permitted when an employee of the towing company
must shovel snow 10 minutes or more before the vehicle may be removed
for towing/impound: $40 for 10 to 30 minutes plus $15 for each additional
15 minutes or part thereof.
(8) No vehicle shall be removed under the authority of this ordinance
if, at the time of the intended removal, the owner or custodian of
the vehicle is present and expresses a willingness and intention to
remove the vehicle immediately.
(a) In these instances, the towing company shall charge no more than
the drop fee from the time the wrecker is backed up to the vehicle
to be towed to the point that the wrecker is in motion towing the
vehicle away. The towing company shall make reasonable accommodations
to permit the owner/custodian to obtain payment for the fee charged.
(b) Once the wrecker is in motion with the towed vehicle, the towing
company is entitled to the full towing fee listed in § 11-710a.
This is not applicable where the vehicle has been immobilized by Borough
request for failure to pay accumulated fines and such fines remain
unpaid.
(9) In the event fees other than authorized are charged because of unusual
circumstances, the Chief of Police shall be notified in writing, within
72 hours after the tow, of the fee charged.
b. Storage Fees. The following storage fees may be assessed against
the vehicle owner/custodian for the storage of towed vehicles at either
the towing company's facility or a Borough facility:
(1) For the first twenty-four-hour period from the time the wrecker arrived
at the scene: no charge.
(2) Each calendar day or portion thereof after the first 24 hours for
motor vehicles 3/4 ton GVW or less: $40.
(3) Each calendar day or portion thereof after the first 24 hours for
motor vehicles 3/4 ton GVW or less: $60.
[Amended by Ord. No. 2174, 3/21/2022]
(4) Each calendar day, or portion thereof, after the 10th day of storage
for any motor vehicle: $50.
(5) Overnight vehicle release fee. A towing company may assess the vehicle
owner or custodian a fee of $50 in addition to the towing fee and
any other applicable fees to release a vehicle to its owner or custodian
between the hours of 12:00 midnight to 6:00 a.m. When possible, the
towing company shall notify the vehicle owner/custodian in advance
of the additional overnight vehicle release fee.
(6) Protection fee.
(a) A towing company may assess the vehicle owner or custodian a fee
of $60 in addition to the towing fee and any other applicable fees
for covering motor vehicles or safeguarding the vehicle within a towing
facility with open convertible tops, open windows and/or open areas
that will allow weather to penetrate the interior of the vehicle.
[Amended by Ord. No. 2174, 3/21/2022]
(b) A towing company may assess the vehicle owner or custodian a fee
$40 in addition to the towing fee and any other applicable fees for
covering motor vehicles or safeguarding the vehicle that is towed
to the Borough impound facility or any other non-towing company facility
with open convertible tops, open windows and/or open areas that will
allow weather to penetrate the interior of the vehicle.
(7) Method of payment. Due to the unexpected and costly nature of persons
having their vehicles towed, towing companies shall, in addition to
cash payment, accept at least two major credit cards for payment of
towing and storage services.
c. Fees for Crashes (Public Towing Licensees Only). Basic towing fees
(including dollies) for each wrecker required to complete the tow
request shall be:
(1) Motorcycles and vehicles less than 3/4 ton GVW: $375.
[Amended by Ord. No. 2174, 3/21/2022]
(2) Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or
with dual rear wheels: $275.
(3) Driveshaft removal and reinstallation: $90 remove and install; $75
removal only.
[Amended by Ord. No. 2174, 3/21/2022]
(4) Vehicles larger than 11,000 pounds GVW or dual rear wheels shall
be commensurate with the services provided. The Chief of Police shall
be notified in writing within 72 hours after the tow of the fee charged
for all tows greater than 11,000 pounds.
(5) Snow removal fee, permitted when an employee of the towing company
must shovel snow 10 minutes or more before the vehicle may be removed
for towing/impound: $40 for 10 to 30 minutes plus $15 for each additional
15 minutes or part thereof.
(6) In the event fees other than authorized are charged because of unusual
circumstances, the Chief of Police shall be notified in writing, within
72 hours after the tow, of the fee charged.
(7) Protection fee.
(a) A towing company may assess the vehicle owner or custodian a fee
of $60 in addition to the towing fee and any other applicable fees
for covering motor vehicles or safeguarding the vehicle within a towing
facility with open convertible tops, open windows and/or open areas
that will allow weather to penetrate the interior of the vehicle.
[Amended Ord. No. 2174, 3/21/2022]
(b) A towing company may assess the vehicle owner or custodian a fee
of $40 in addition to the towing fee and any other applicable fees
for covering motor vehicles or safeguarding the vehicle that is towed
to the Borough impound facility or any other non-towing company facility
with open convertible tops, open windows and/or open areas that will
allow weather to penetrate the interior of the vehicle.
(8) Authorized winching fees for recovery. For tows requiring winching
service, towing companies may charge up to the following fees in addition
to the towing charge. In calculating the below fees, the winching
time begins when the towing service leaves the regularly maintained
roadway and concludes when the vehicle to be towed is accessible by
the wrecker.
(a) Per truck and one employee: $85 minimum for the first 30 minutes
or any part thereof.
(b) Per truck and one employee (after first 30 minutes): $45 per 30 minutes
or any part thereof.
(c) Vehicles larger than 11,000 pounds GVW or dual rear wheels shall
be commensurate with the services provided. The Chief of Police shall
be notified in writing, within 72 hours after the winch, of the fee
charged.
(9) All
tows that require the use of a dolly: $50.
[Added by Ord. No. 2174, 3/21/2022]
d. Fuel Fee Schedule. Long-distance tows (any tow over 5 miles) included
in the scheduled price:
[Amended Ord. No. 2174, 3/21/2022]
Towing Company Fuel Costs
|
Per-Mile Rate (One Way)
|
---|
$5 or less per gallon
|
$6
|
Between $5.01 - $5.50 per gallon
|
$6.50
|
Between $5.51 - $6 per gallon
|
$7
|
Between $6.01 - $6.50 per gallon
|
$7.50
|
e. Cleanup fees. Towing companies are required to clean up at an accident
scene. An additional charge of up to $60 may be charged for each vehicle
involved in the accident that requires cleanup and in which the cleanup
is actually performed by the towing company. If the clearing of the
accident debris takes more than 30 minutes, the towing company may
assess additional cleanup fees at the rate of $5 per 15 minutes, or
any part thereof, after the initial 30 minutes.
f. Storage fees. The following storage fees may be assessed against
the vehicle owner/custodian for the storage or towed vehicles at either
the towing company's facility or a Borough facility:
(1) For the first twenty-four-hour period from the time the wrecker arrived
at the scene: no charge.
(2) Each calendar day or portion thereof after the first 24 hours for
motor vehicles 3/4 ton GVW or less or with dual rear wheels: $60.
[Amended by Ord. No. 2174, 3/21/2022]
(3) Each calendar day or portion thereof after the first 24 hours for
motor vehicles larger than 3/4 ton GVW or with dual rear wheels: $50.
(4) Each calendar day or portion thereof after the 10th day of storage
for any motor vehicle: $50.
[Ord. 1756, 8/25/2003, Section 11]
Within one hour from the time of removal of any vehicle by an
authorized towing service, the Centre County Emergency Communications
Center shall be notified, by providing the Center with a copy (or
facsimile) of the written authorization and shall include the following
information:
a. The make, model, color, and registration number.
c. Address from where vehicle was removed.
d. Date and time of removal.
f. Name and twenty-four-hour telephone number of the towing company
g. Location where the vehicle may be claimed by the owner
[Ord. 1756, 8/25/2003, Section 12]
By the next business day, from the time of removal of any vehicle
illegally-parked or immobilized, notice of the fact of the removal
and impounding shall be sent, in writing, by the State College Police
Department to the registered owner of the vehicle. The notice shall
advise the location from where such vehicle was removed, the reason
for its removal, and the location of the storage facility where the
vehicle is impounded.
[Ord. 1756, 8/25/2003, Section 13; amended by Ord. 2047,
9/8/2014, Section 4]
a. Every licensed towing company providing service at the request of
the Borough shall make a written record of each vehicle towed or stored
consisting of the following information:
(1) Registration plate number and State.
(4) Time wrecker arrived at the scene.
(5) Dates of accumulated unpaid parking tickets (if applicable).
(6) Date vehicle was returned to owner/custodian.
(7) Towing and storage charges for each towed vehicle.
b. Every licensed towing company shall maintain for at least two years
towing records for all vehicles towed. Each towing record shall include
information listed in Subsection a(1) through (7) of § 11-713a
of this ordinance. Upon request by the Chief of Police or his designee,
licensed towing companies shall make available for review and/or provide
copies of any requested towing record(s).
[Ord. 1756, 8/25/2003, Section 14]
No motor vehicle shall be removed from private property, except
as authorized in § 11-714b, under the authority of this
ordinance unless:
a. Written authorization for the vehicle to be removed is provided to
the authorized towing company, in duplicate, signed by the owner or
agent of the owner or the person having control of the property upon
which the vehicle is left unattended. The authorization form shall
be similar to the one hereinafter set forth and shall be completed
at the time the vehicle is to be towed by the aforementioned person
or persons.
"You are hereby authorized to tow the following illegally parked
vehicle from the parking lot/space indicated below. This lot is either
owned and/or leased by (name of lot owner/manager). The vehicle and
location are described as follows:
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Name/Address of Towing/Immobilizing Service:
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b. No vehicle shall be towed from a private parking lot unless the lot is posted at the time the vehicle is towed to notify the public of any parking restrictions and the operator of the vehicle violates those restrictions. Posting shall be in conformance to the Rules and Regulations set forth in Annex A, Title 67, Transportation, Part
I, Department of Transportation, Subpart A, Vehicle Code Provision, Article
VIII, Administration and Enforcement, Chapter 217, Posting of Private Parking Lots.
c. Signs as required in § 11-714b of this chapter and, in
addition to the number of signs required by § 11-714b of
this chapter, shall be in place and evenly spaced in the parking lot
based upon the number of available parking spaces as follows:
26 to 50 available parking spaces requires one additional sign;
51 to 75 available parking spaces requires two additional signs;
76 to 100 available parking spaces requires three additional
signs, etc.
d. In addition to the posting of private parking lots as required in
§ 11-714b, the Chief of Police may require additional signs
be posted and/or that the posted signs be altered.
[Ord. 1756, 8/25/2003, Section 15]
The payments of any towing and storage charges, authorized by
this ordinance shall, unless made "under protest," be final and conclusive
and shall constitute a waiver of any right to recover the fees paid.
[Ord. 1756, 8/25/2003, Section 16]
The Chief of Police or designee shall keep a record of all illegally
parked and/or immobilized vehicles impounded and shall be able at
all reasonable times to furnish the owners/custodians with information
as to the location of the storage facility where such vehicles are
impounded.
[Ord. 1756, 8/25/2003, Section 17]
The payment of towing and storage charges authorized by this
ordinance 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.
[Ord. 1756, 8/25/2003, Section 18]
a. Non-Metered Private Lots. A motor vehicle found to be illegally parked
or disabled on private property and otherwise authorized to be legally
removed may not be removed from the property for 15 minutes if the
discovery of the motor vehicle was made by the towing company in which
case the towing company shall include the discovered time and the
removal time on the "Notification or Removal" as required in § 11-711
of this chapter. If the discovery of the illegally parked or disabled
motor vehicle was made by the property owner and the towing company
was requested to remove the illegally parked or disabled vehicle,
the motor vehicle may be removed immediately. If an illegally parked
vehicle is discovered parked blocking the entrance or exit to or from
private property, in a marked and signed fire lane, in a marked and
signed handicapped space or wholly or partially on a lawn the vehicle
may be towed immediately.
b. Metered Private Lots. A motor vehicle found to be illegally parked
or disabled at a metered parking space on private property may not
be removed from the property unless the illegally parked vehicle has
three or more consecutive unpaid parking tickets over the course of
three or more calendar days, or three or more accumulated parking
tickets in at least a twelve-hour period of time.
If a motor vehicle is towed from a metered parking space on
private property, the towing company shall include the specific dates
of the unpaid parking tickets on the "Records of Vehicles Towed or
Stored" in § 11-713 of this chapter.
[Ord. 1756, 8/25/2003, Section 19]
The Chief of Police shall notify the towing company owner within
14 days of receipt of any complaint against a towing company that
will be investigated by the Police Department. Complaints by Borough
of State College employees against a towing company shall be brought
to the attention of the Chief of Police within seven calendar days.
[Ord. 1756, 8/25/2003, Section 20]
Towing companies are prohibited, either directly or indirectly,
from giving or furnishing a rebate or payment of money or any other
valuable consideration to a property owner from whose premises the
towing company has, is about to, or will remove motor vehicles. Property
owners are prohibited from accepting or giving, either directly or
indirectly, any rebate, payment of money, or any other valuable consideration
from or to a towing company in connection with the removal of a motor
vehicle from private property except for signs and notices as required
in § 11-714.
Property owners are prohibited from having a direct or indirect
monetary interest in a towing company that, for compensation, removes
motor vehicles from their private property. This section is not intended
to prohibit the issuance of parking tickets to illegally parked vehicles.
[Ord. 1756, 8/25/2003, Section 21]
All charges and fees authorized by this ordinance shall be reviewed
by the Chief of Police after two years (but no more than three years
of the effective date of this ordinance) and every two to three years
thereafter. This section shall only be in effect when the Chief of
Police receives a written request from a licensed towing company owner
to review the charges and fees within 90 days prior to the scheduled
review date. Any rate changes in response to the written request to
the Chief of Police shall be made within 90 days after having received
the request.
[Ord. 1756, 8/25/2003, Section 22]
Any towing service that operates within the municipality of
State College towing vehicles from private property in accordance
with the Vehicle Code and is not an authorized towing service, as
defined within this towing regulation, shall be subject to a fine,
upon conviction, of not less than $200 nor more than $400 for the
first violation and not less than $300 nor more than $600 for each
subsequent violation.
[Ord. 1756, 8/25/2003, Section 23]
Any towing company or its employee who violates any provision
of this chapter (except § 11-709) shall be issued a written
warning for the first violation during any calendar year. Any subsequent
violation during the same year may cause the termination of the towing
company's license. The towing company is not entitled to a warning
for violation of any provisions of § 11-709 of this chapter
and may have their license terminated for the first and/or subsequent
violations of this section.
The towing company shall be notified in writing no less than
five calendar days prior to the termination of its license. The notice
of termination shall state the reason(s) for termination and the effective
date of termination. The towing company shall have 14 calendar days
to appeal the termination in writing to the Borough Manager. The Manager
or his designee shall hold the hearing within 10 calendar days of
written receipt of the towing company's request for an appeal. The
towing company may appeal the Manager's decision, in writing, to Borough
Council within 10 calendar days of the receipt of the Manager's decision.
[Ord. 1756, 8/25/2003, Section 24, amended by Ord. 1910,
10/6/2008, Section 3]
Upon conviction of any provision of this ordinance, in addition
to the penalty listed in § 11-723, a towing company may
be fined not less than $300 or more than $600. Additionally, upon
conviction of any provision of § 11-709 of this chapter,
a towing company shall have their license revoked for a period of
one year.