[Ord. 594, 11/15/2017]
This Part is enacted to establish procedures involving the safe and orderly towing of disabled, wrecked, abandoned or impounded motor vehicles by the Northampton Township Police Department.
[Ord. 594, 11/15/2017]
For the purpose of this chapter, the following words and phrases shall have the meanings indicated below. 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 words "shall" or "must" are mandatory and the word "may" is discretionary.
An automobile, 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, or which is subject to towing pursuant to "Removal and Impoundment of Illegally Parked Vehicles," § 15-801 et seq. of the Township Code.
A flatbed vehicle equipped with a roll body and winch designed for and capable of lifting and transporting passenger and commercial vehicles.
A vehicle with a minimum twenty-five-ton capacity designed for and capable of lifting and transporting larger passenger and commercial vehicles.
A person or tow operator who has been issued a license by the Township pursuant to the terms of this chapter.
A vehicle equipped with a hydraulic boom/wrench that is designed for and capable of removing passenger and/or commercial vehicles.
An individual person, firm, partnership, association, corporation, company or organization of any kind.
The Northampton Township Police Department, Bucks County.
A person or any other legal entity engaged in the business of operating for hire the service of a vehicle, wrecker, tow truck, car carrier, or other vehicle, whereby disabled, wrecked, abandoned or impounded vehicles are towed or otherwise removed from the place where they are disabled, wrecked, abandoned or impounded.
Northampton Township, Bucks County.
The Vehicle Code of the Commonwealth of Pennsylvania, 75 Pa.C.S.A. § 101 et seq.
Any light-duty, heavy duty, wheel-lift, or flatbed wrecker.
[Ord. 594, 11/15/2017]
1.
No tow operator or other person shall operate for hire within the Township a wrecker or similar type of motor vehicle designed and/or able to provide road service, towing or removal of disabled, wrecked, abandoned or impounded vehicles on behalf of and/or at the direction of the Township and/or the Police Department unless that tow operator is a licensee of the Township as hereinafter provided.
2.
Towing licenses shall be issued for a period of two calendar years, commencing on January 1 of the first year and terminating on December 31 of the following year.
3.
The Township shall limit the number of licensed tow operators to a maximum of four. In the event that there are fewer than two licensed tow operators approved by the Police Department during a two-year licensing period of the Township, the Police Department may issue licenses during that two-year licensing period in order to increase the number of licensed tow operators to a minimum of two.
4.
Licensing is not required for a heavy-duty wrecker.
[Ord. 594, 11/15/2017]
1.
An application for a towing license shall be made to the Police Department. An application for either a new license or a license renewal must be received by the Police Department on or before November 1 of the year preceding the two-year license period for which the license is sought.
2.
The application form for either a new license or a license renewal shall be prepared by the Police Department. The following information and/or documentation shall be submitted to the Police Department with the application:
A.
A list of tow trucks, 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.
(1)
Tow trucks may be leased as long as the terms of the lease are for a fixed period greater than three years and for a fixed flat rate from a lessor whose business, company, entity or corporation whose usual and customary business is that of leasing motor vehicles.
B.
A description of the location of the secured storage areas where disabled, wrecked, abandoned or impounded vehicles will be stored, including the addresses, dimensions, and security facilities of all such storage areas as set forth in § 15-1205.
C.
A certificate of insurance or other proof of insurance acceptable to the Township demonstrating that the applicant has and maintains general liability and garage keeper's liability insurance in amounts as set and required by the Township.
D.
An agreement to indemnify and hold harmless the Township for any and all losses or expenses incurred by virtue of any acts performed by the applicant and its employees, agents, etc., in the course of service.
E.
A mailing address at which licensee agrees to accept notices issued pursuant to this chapter.
3.
An application shall not be deemed complete, nor shall it be accepted by the Police Department, unless and until it contains all the information and documents required by this section.
4.
The application for either a new license or a license renewal shall be subject to review and approval by the Police Department. The Township shall notify an applicant of the approval or denial of its license application by regular mail sent on or before December 1 of the year preceding the two-year license period for which the license is sought.
[Ord. 594, 11/15/2017]
1.
An applicant for a towing license shall own or lease a minimum of three wreckers, at least one of which must be a flatbed wrecker, and all of which must be available for the applicant's exclusive use and available on call for service to the Township when the applicant is serving as the duty tow operator.
2.
Storage.
A.
The applicant shall have a minimum of 10,000 square feet of secured storage area in which the applicant can store disabled, wrecked, abandoned or impounded vehicles. The secured storage area may include area inside a secured structure, outside, or any combination thereof; provided, that the total secured storage area must be capable of storing a minimum of three such vehicles inside at any time. If part of the secured storage area is outside storage, it must be secured either by a fence or some other means of security acceptable to the Police Department.
B.
At least some of the secured storage area must be located on the premises from which the applicant's towing business is conducted, but a second site off the premises may be utilized as part of the applicant's secured storage area, providing that such off-site secured storage area is located within the Township's boundaries.
C.
The applicant shall permit inspection of the secured storage area, whether on site or off site upon request of the Township or the Police Department.
3.
The location of the applicant's place of towing business shall be within the borders of the Township and/or within four air miles of Police Headquarters, in order to provide immediate response time to a call for service from the Township and/or the Police Department.
4.
All applicants shall maintain the following insurance issued by companies licensed to do business in the Commonwealth of Pennsylvania, and present proof thereof to the Township or Police Department at the time of application, on an annual basis, and upon request:
A.
General public liability insurance in the minimum amount of $1,000,000; and
B.
Garage keeper's legal liability insurance in the minimum amount of $100,000.
C.
Each insurance policy required herein shall contain an endorsement providing 10 days' notice to the Northampton Township in the event of any change or cancellation for any cause. Written notice to the Township shall be the responsibility of the issuing company.
[Ord. 594, 11/15/2017]
1.
In addition to all of the standards and conditions applicable to an applicant for a towing license, a towing license issued by the Police Department shall be issued to a licensee upon the following conditions of and with the express agreement of the licensee to the following:
A.
The licensee shall, at all times, act as independent contractor to, and not as an employee of the Township or the Police Department. All payment for service pursuant to said license shall be by the owner, operator or custodian of the disabled, wrecked, abandoned or impounded vehicle to the licensee.
B.
No licensee shall use or employ a vehicle that is not listed on the licensee's license application or renewal application.
C.
The licensee shall ensure any operator of any wrecker and/or other vehicle and/or equipment possesses a current and valid Pennsylvania driver's license for the class of vehicle they are operating. The licensee is further responsible to ensure that the operator obeys all laws of the Vehicle Code of the Commonwealth of Pennsylvania.
D.
Licensee shall hold the Township and the Police Department, its officers, employees, agents, designees and/or assigns, harmless for any and all claims, actions or cause of action arising from suspension or revocation of the license for any reason set forth in this chapter, or from any and all claims arising from the duties performed by licensee pursuant to this chapter.
E.
No individual wrecker may be licensed by more than one tow operator and/or licensee.
F.
No license issued pursuant to this chapter may be transferred from one tow operator and/or licensee to another tow operator and/or licensee, and/or from one wrecker to another wrecker without prior written consent of the Police Department.
[Ord. 594, 11/15/2017]
1.
No wrecker or other vehicle shall be licensed by the Township unless the vehicle is properly registered and inspected as required by the Motor Vehicle Law of the Commonwealth of Pennsylvania and meets all the requirements of said Motor Vehicle Law.
2.
Licensees shall keep and maintain all wreckers and/or other vehicles and/or equipment listed on its application in a safe and operable condition. Said wreckers, other vehicles and equipment shall be made available for annual inspection by the Police Department to confirm compliance with the requirements and standards established herein, as well as compliance with all motor vehicle requirements of the Commonwealth of Pennsylvania.
3.
On each side of every wrecker or other vehicle for which a license has been granted, there shall be legibly inscribed the name, address and telephone number of the licensee's towing business.
4.
All wreckers must be equipped with the following:
A.
Broom, shovel, crowbar and sand or oil dry.
B.
A fire extinguisher, the minimum rating of which shall be at least 10 pounds ABC.
C.
An amber rotating light mounted at the top of the cab of the type that contains at least two sealed beam bulbs and is visible for a distance not less than 500 feet under normal atmospheric conditions, or equal lighting equipment.
D.
Two flashing red lights (four-way flashers) so mounted as to show the width of the vehicle from the rear. Said lights shall be visible for a distance of not less than 500 feet under normal atmospheric conditions.
E.
Not less than 12 30-minute-burning type flares and three reflecting type flares.
F.
Hoisting equipment of sufficient capacity to perform the service intended. The hoisting equipment of each tow truck shall be securely mounted to the frame of the vehicle.
G.
A two-way communication system, such as two-way radios or mobile telephones.
H.
Portable rear lighting for towed vehicles.
[Ord. 594, 11/15/2017]
1.
The Police Department shall establish reasonable rules and regulations to implement this chapter, including but not limited to the establishment of a duty tow schedule based on twenty-four-hour rotation of assignments, and the use of the duty tow by the Township police officers.
2.
If called by the Police Department as the assigned duty tow licensee on call at any given time, a licensee shall arrive at the location of the disabled, wrecked, abandoned or impounded vehicle within 15 minutes from the time the Police Department placed a call to the licensee requesting service. If a licensee's vehicle is delayed while in transit to the requested location, the vehicle operator shall advise the police dispatcher of the delay and his present location, whereupon a determination shall be made by the appropriate police official as to whether the secondary assigned duty tow licensee on call at that time will be called to respond to the call for service.
3.
In any event, should a licensee be unable to respond to the service call from the Police Department with the appropriate wrecker or other vehicle in the required response time, the Police Department will call the secondary assigned duty tow licensee on call at that time to respond to the call for service.
[Ord. 594, 11/15/2017]
1.
If the owner or operator of a disabled, wrecked or abandoned vehicle cannot, or refuses or fails to, have the said vehicle removed from its location on or adjacent to a public highway, road or street in the Township, within a reasonable time, the Police Department shall call the licensee then assigned as the duty tow operator to effect such a removal. Requests by the owner or operator of said vehicle to utilize a nonlicensed wrecker to remove the said vehicle will be honored if the Police Department determines that the safe movement of traffic will not be impeded, public safety will not otherwise be compromised, and that the said vehicle will be removed within a reasonable time.
2.
All disabled or wrecked vehicles shall be removed from the roadway as soon as possible following an accident, in accordance with the Vehicle Code of Pennsylvania except, however, when a police investigation requires that the vehicle(s) remain at the scene until an investigation is completed.
3.
Licensees shall be responsible for removing all vehicular parts and debris from the highway and the licensee shall leave the accident scene in a safe and broom-clean condition. No liquid cleanup is required of the licensee, unless safety conditions indicate otherwise.
4.
No person, other legal entity, licensee or any other tow operator shall seek, persuade, entice, request or offer towing service at an accident scene, or appear or remain at an accident scene, unless summoned by a party to the accident or by the Police Department.
[Ord. 594, 11/15/2017]
1.
The fees charged by a licensee and/or tow operator shall not exceed the amounts set in the duly adopted Township Fee Schedule as set by the Township from time to time.
2.
Towing fees shall be posted conspicuously at the tow operator's place of business and any storage area or any other secure facility.
[Ord. 594, 11/15/2017]
1.
The Township may revoke a licensee's towing license if any of the following conditions apply:
A.
The license was procured by fraudulent conduct, false statement, and/or omission of a material fact.
B.
The licensee no longer meets all the standards for issuance of a towing license.
C.
A wrecker or vehicle or equipment governed by this chapter is inoperable, missing, or unsafe.
D.
The licensee has violated the rate schedule by overcharging.
E.
The licensee has not responded to Township and/or Police Department requests for towing and/or other service in a timely fashion more than three times in a twelve-month period.
F.
The licensee has otherwise failed to comply with any of the provisions of this chapter when, in the sole discretion of the Chief of Police or the Chief's designee, such failure is willful and intentional or when such failure or reckless conduct by the licensee or its operator jeopardizes the personal safety of a police officer or any other individual.
2.
Notice of license revocation shall be sent in writing to the licensee and is effective upon mailing, at which time licensee shall be removed from the police tow duty schedule.
3.
The owner, operator or person in charge of any disabled, wrecked, abandoned or impounded vehicle that is towed and/or stored by a licensee may file a written complaint against the licensee with the Police Department for any alleged violation of this chapter by the licensee involving said disabled, wrecked, abandoned or impounded vehicle. The Police Department shall make a determination of the merit of such complaint, and if the complaint is validated, the Township may revoke the licensee's towing license and/or take any other action deemed appropriate under the circumstances.
[Ord. 594, 11/15/2017]
If any section, subsection, clause or provision of this chapter shall be adjudged by the courts to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged and the remainder of this chapter shall be valid and enforceable.
[Ord. 594, 11/15/2017]
This chapter shall take effect upon final adoption, publication, and as otherwise provided by law.