Borough of State College, PA Public/Private Property Towing Ordinance

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]

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]

Wreckers shall be maintained in safe mechanical condition and must display current state inspection and registration.

Towing Equipment Required. One wrecker with, at a minimum, the following equipment or specifications:

Ten thousand pound or greater GVW chassis truck;

Rear wheel lift with either an integrated or separate boom;

(c)

Eight thousand pound winching capability;

(d)

Recovery chain;

(e)

Jumpstart capability;

(f)

Dolly wheels;

(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.

One roll back vehicle (required for public property towing license).

Wrecker(s) and required towing equipment shall be owned or leased by the towing company.

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.

Storage Facilities.

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]

The storage facility shall be owned or leased by the towing company owner.

The storage facility shall comply with zoning regulations applicable in the jurisdiction where the facility is located.

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.

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.

The towing company owner is responsible for the security of the stored vehicles.

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.

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]

Insurance.

Towing companies shall be required to carry insurance at the minimum policy limits as follows:

Automobile liability insurance in an amount not less than $500,000, combined single limits.

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.

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.

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

§ 11-707 Towing Rotation.

[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.

§ 11-708 General Regulations.

[Ord. 1756, 8/25/2003, Section 8; amended by Ord. 1975, 11/7/2011, Section 2; Ord. 2047, 9/8/2014, Section 2]

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

The towing company shall remove accident debris as part of the towing service.

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.

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.

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.

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.

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.

§ 11-709 Prohibited Acts.

[Ord. 1756, 8/25/2003, Section 9]

It shall be a prohibited act for any towing company to:

Sub-contract towing services requested by the Borough.

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.

Tow or move a vehicle from or within private property without authorization from the property owner.

Tow or move a vehicle from or within private property in violation of the requirements of this ordinance.

Use "State College" in the name of the towing company.

Charge or provide a written quote or invoice, or collect fees in excess of those specifically designated in § 11-710 of this ordinance.

Falsify any information with regard to the application.

Remove a motor vehicle from private property without using a wrecker.

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.

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.

§ 11-710 Maximum Fee Schedule for Towing Services.

[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.

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]

Motorcycles and vehicles less than 3/4 ton GVW: $225.

Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or with dual rear wheels: $225.

All tows that require the use of a dolly: $50.

Drive shaft removal and reinstallation: $90 remove and install; $60 removal only.

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.

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.

Drop fee: $150.

(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.

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.

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.

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:

For the first twenty-four-hour period from the time the wrecker arrived at the scene: no charge.

Each calendar day or portion thereof after the first 24 hours for motor vehicles 3/4 ton GVW or less: $40.

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]

Each calendar day, or portion thereof, after the 10th day of storage for any motor vehicle: $50.

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.

Protection fee.

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]

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.

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.

Fees for Crashes (Public Towing Licensees Only). Basic towing fees (including dollies) for each wrecker required to complete the tow request shall be:

Motorcycles and vehicles less than 3/4 ton GVW: $375.

[Amended by Ord. No. 2174, 3/21/2022]

Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or with dual rear wheels: $275.

Driveshaft removal and reinstallation: $90 remove and install; $75 removal only.

[Amended by Ord. No. 2174, 3/21/2022]

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.

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.

Protection fee.

[Amended Ord. No. 2174, 3/21/2022]

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.

Per truck and one employee: $85 minimum for the first 30 minutes or any part thereof.

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]

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

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.

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:

For the first twenty-four-hour period from the time the wrecker arrived at the scene: no charge.

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]

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.

Each calendar day or portion thereof after the 10th day of storage for any motor vehicle: $50.

§ 11-711 Notification of Removal.

[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:

The make, model, color, and registration number.

State of registration.

Address from where vehicle was removed.

Date and time of removal.

Towing fee.

Name and twenty-four-hour telephone number of the towing company

Location where the vehicle may be claimed by the owner

§ 11-712 Notification of Removal and Impounding Due to Borough Request.

[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.

§ 11-713 Records of Vehicles Towed or Stored.

[Ord. 1756, 8/25/2003, Section 13; amended by Ord. 2047, 9/8/2014, Section 4]

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:

Registration plate number and State.

Time call was received.

Spot or ticket time.

Time wrecker arrived at the scene.

Dates of accumulated unpaid parking tickets (if applicable).

Date vehicle was returned to owner/custodian.