[Added 3-12-2019 by Ord. No. 397]
For the purpose of this part, the following words and phrases
shall have the meanings indicated herein below. When not inconsistent
with the context, words used in the present tense shall include the
future; words used in the singular shall include the plural; and words
used in the plural shall include the singular. The word "shall" is
always mandatory and not merely directory.
The Borough of New Britain.
The Borough Manager of the Borough of New Britain or her
designee.
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, or other vehicle or device in, upon or by which any person
or property is or may be transported or drawn upon a highway, road
or street which is no longer capable of safe operation on said highway,
road or street and therefore presents a safety hazard to the public
by virtue of its location on or adjacent to a public highway, road
or street in the Borough of New Britain.
A flatbed vehicle equipped with a roll body and which is
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 passenger and commercial
vehicles.
Vehicles must be leased for a fixed period of greater than
three years and for a fixed flat rate. Lessor must be a business,
company, entity or corporation whose usual and customary business
is that of leasing motor vehicles.
A vehicle designed for and capable of lifting and transporting
passenger vehicles.
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
The Central Bucks Regional Police Department.
A person engaged in the business or offering the services
of a vehicle wrecker, tow truck, car carrier or other vehicle, whereby
disabled or wrecked or abandoned vehicles are towed or otherwise removed
from the place where they are disabled or wrecked or abandoned by
use of a vehicle so adapted to that purpose.
No person shall offer his services to or be called by the Borough
or its Police Department as a tower for the purpose of removal of
disabled or wrecked or abandoned vehicles unless that person is the
holder of a current towing license as hereinafter provided.
A.
Applications for a towing license shall be made to the Manager of
the Borough, upon a form available from the Borough. The form shall
require the following information:
(1)
The name, address, and contact information of the business for which
the towing license is sought.
(2)
The classification of the business; i.e., partnership, corporation,
limited liability company, etc.
(3)
The name, home address, and business address of all owner(s) of the
business, or, in the case of a corporation, the address and names
of the stockholder(s).
(4)
A list of vehicles available to be utilized for service in the Borough,
including description of each type of vehicle (type, make, model,
year), the name and address of the owner/lessee of each type of vehicle,
and the hours for which the vehicles are available for use.
(5)
The addresses and description of the premises upon which any disabled
or wrecked vehicles will be towed to and/or stored, including the
size of the area on the premises available for storage of vehicles,
the approximate number of vehicles which may be stored in the area,
whether said area is fenced, and a description of any security precautions
or protection methods for vehicles stored in said area.
(6)
A certificate of insurance or other proof acceptable to the Borough
that the applicant has obtained the general liability and garage keeper's
liability insurance required for the issuance of a towing license.
B.
Applications for a towing license shall be made and signed by the
owner(s) of the business for which the license is sought or, in the
case of a corporation, the president of the corporation.
C.
Applicants must execute an agreement to indemnify the Borough for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
D.
The application for a towing license shall be accompanied by an application
fee in an amount as established from time to time by resolution of
the Borough Council.
E.
The application shall be reviewed by the Borough Manager and the
Regional Police Department within 20 days of the receipt of the application
and application fee, and the applicant shall be advised shortly thereafter
of whether the license has been approved or disapproved. Applications
not approved or disapproved within 20 days of receipt shall be deemed
disapproved.
F.
Towing licenses shall be issued for a period of one year, commencing
on January 1 and terminating on December 31 of each year. Any applicant
whose application for a license has been approved shall be issued
a license effective the following January 1. In the event that there
are fewer than three towers licensed, the Borough may issue a license
which shall become effective during the calendar year.
A towing license shall be issued to applicants who satisfy the
following criteria:
B.
All of the aforesaid required vehicles shall be in a safe and usable
operating condition and bear a sign indicating the name and telephone
number of the applicant's towing business, and the applicant shall
make said vehicles available for verification by the Borough.
C.
A fenced-in storage yard or other secure facility, open or closed,
containing not less than 10,000 square feet, shall be located on the
premises from which the applicant's towing business is conducted,
and such yard or storage area shall be authorized by the appropriate
zoning, use and occupancy, and other municipal permits. The applicant
shall permit inspection of the storage yard or facility by the Borough
or Regional Police Department. The applicant shall install screening
and comply with all the provisions of state and federal highway beautification
acts.
D.
All applicants shall maintain the following insurance and provide
proof thereof upon request by the Borough or Regional Police Department:
E.
In order to provide for immediate and effective service, applicants
must maintain a place of business within 15 square miles of the Borough.
F.
All of the vehicles in operation for towing in the Borough must maintain
a two-way communication system such as two-way radios or cellphones.
A towing license is issued on condition of and with the express
agreement of the licensee that the licensee shall, at all times, act
as an independent contractor to and not as an employee of the Borough
or its Police Department, and that payment for services rendered pursuant
to said license shall be by the owner, operator or custodian of the
disabled, wrecked or abandoned vehicle.
A.
All licensees shall keep and maintain all of the vehicles listed
on their application in a safe and operable condition which shall
pass the motor vehicle inspection standards of the Commonwealth of
Pennsylvania and shall have said vehicles immediately available to
answer calls for service by the Police Department or Borough Manager
during the duty tow shift assigned by the licensee. All licensees
shall not use or employ a vehicle which does not have the required
towing license vehicle sticker displayed as set forth hereinabove
to answer calls by the Borough or its Police Department.
B.
All licensees shall respond within 15 minutes from their receipt
of the Police Department's or Borough Manager's call requesting service
to the arrival of the licensee's appropriate towing vehicle at the
location of the disabled or wrecked or abandoned vehicle, except in
bad weather or adverse road conditions.
C.
If any licensee cannot respond to the service call from the Police
Department or Borough Manager with the appropriate towing vehicle
or in a minimum response time, the licensee shall make arrangements
with another licensee to respond to the call and shall so advise the
police dispatcher or Borough Manager. If a licensee's vehicle is delayed
while in transit to the requested location, the vehicle operator shall
advise the police dispatcher or Borough Manager of the delay and of
his present location, whereupon a determination shall be made by the
appropriate police official as to whether another licensee shall be
called.
D.
Fees charged by the licensee, when towing as an independent contractor
to the Borough, shall not exceed the maximum rates established by
resolution of the Borough Council. The Borough shall review, upon
request of the then-current duty towers, the fee schedule resolution
adopted pursuant to this part at intervals of not less than six months,
and is empowered to change, amend or revise said fee schedule by resolution.
E.
All licensees shall be responsible for removing vehicular parts and
debris from the highway. Liquid cleanup of oil and antifreeze is also
the responsibility of the licensees. No additional liquid cleanup
is required of the licensee. Fee for cleanup shall be as set forth
and included in the Borough's fee schedule resolution.
F.
All licensees shall comply with all rules and regulations established
by the Police Department with regard to the duty tow.
G.
Fees charged by the licensee for storage shall not exceed the maximum
rates established by resolution of the Borough Council of the Borough.
H.
Licensees shall permit the owners of vehicles towed to have access
to their vehicles while in storage in order to inspect the vehicle
or remove any personal property from the vehicle which is not physically
attached to the vehicle.
I.
All licensees shall make reasonable accommodations to accept payment.
Facilities must have the ability to receive and accept payment tendered
at the location where the vehicle is stored.
A.
All disabled or wrecked vehicles shall be removed from the roadway
immediately following an accident, in accordance with the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
B.
If the owner or operator cannot remove the disabled or wrecked or
abandoned vehicle or refuses or fails to have the vehicle removed
within a reasonable time, a Central Bucks Regional Police Department
Officer shall call the towing licensee assigned to the police duty
tow to effect such a removal.
C.
The Police Department shall establish rules and regulations for the
establishment of a police duty tow, the rotation of assignment of
towing licensees to the duty tow, and the use of the duty tow by the
Central Bucks Regional Police Department.
A.
A towing license shall be suspended upon a finding by the Borough
Manager of any of the following grounds:
(1)
That any of the equipment which is required to be owned or leased
by the licensee under this part is missing, inoperable or unsafe.
(3)
Any such suspension of an operator's license shall continue, without
rebate of either the application fee or license fee, until such time
as the Borough Manager determines that the licensee is in full compliance
with the terms and conditions of this part as it relates to the equipment
required hereunder.
B.
A towing license shall be revoked upon a finding by the Borough Manager
of any of the following grounds:
(1)
The license was procured by fraudulent conduct or false statement
or omission of a material fact.
(3)
The licensee no longer meets all of the standards for issuance of
a towing license.
(4)
The licensee's application is found to be defective in any way or
contains misinformation or omissions of fact.
(6)
Failure of the licensee to comply with any of the terms of this part
when, in the sole discretion of the Borough Manager, such failure
is willful and intentional or when such failure or the reckless conduct
of the licensee or its operator jeopardizes the personal safety of
a police officer or any other individual.
