This chapter shall be known and may be cited as "Towing" of the Borough of Woodlynne Code.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne 6-10-1993 by Ord. No. 1993-5 (Ch. 112 of the 1976 Code). Amendments noted where applicable.]
A.
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
B. AUTOMOBILE BASIC TOWING SERVICE BOROUGH INSIDE BUILDING MOTOR VEHICLE ACCIDENT OTHER VEHICLES OUTSIDE SECURED PERSON STORAGE CHARGES FOR TWENTY-FOUR-HOUR PERIOD TOW VEHICLE TOWING VEHICLE'S BASE OF SERVICE VEHICLES SUBJECT TO BEING TOWED WRECKER
As used in this chapter, the following terms shall have the meanings indicated:
A private-passenger automobile of a private-passenger- or station-wagon-type that is owned or hired and is neither used as a public or livery conveyance for passengers nor rented to others with a driver, and a motor vehicle with a pickup body, a delivery sedan, a van or a panel truck or a camper-type vehicle used for recreational purposes owned by an individual or by a husband and wife who are residents of the same household, not customarily used in the occupation, profession or business of the insured other than farming or ranching. An automobile owned by a farm family copartnership or corporation, which is principally garaged on a farm or ranch and otherwise meets the definitions contained in this section, shall be considered a private-passenger automobile owned by two or more relatives resident in the same household.
The removal and transportation of an automobile or other vehicle from a highway, street or other public or private road or parking area or from a storage facility, and other services normally incidental thereto, including recovery of an automobile or other vehicle from positions beyond the right-of-way or berm or from being impaled upon any other object within the right-of-way or berm, unless additional fees have been approved by the Borough Mayor and Council. The latter shall be defined as "nonbasic towing services."
The Borough of Woodlynne.
A vehicle storage facility that is completely indoors, having one or more openings in the walls for storage and removal of vehicles, and that is secured by a locking device on each opening.
An occurrence in which a private-passenger automobile or other vehicle comes in contact with any other object for which the private-passenger automobile or other vehicle must be towed or removed for placement in a storage facility. This includes all situations which are accidental as to the insured even if they were caused by the intentional acts of a perpetrator where the perpetrator was not the insured or not otherwise involved with the insured.
All other type vehicles not described in the definition of "automobile."
An automobile storage facility that is not indoors and is secured by a fence, wall or other man-made barrier that is at least six feet high and is installed with gate locks.
Any person, firm, partnership, association, corporation, company or organization of any kind.
The maximum allowable amount to be charged by a storage facility for a twenty-four-hour period or fraction thereof. A new twenty-four-hour period begins at 12:01 a.m.
Only those vehicles equipped with a boom or booms, winches, slings, tilt beds, wheel lifts or under-reach equipment specifically designed by its manufacturer for the removal or transport of private-passenger automobiles or other vehicles.
The towing operator's principal place of business where the tow vehicle is stationed when not in use.
Automobiles and other vehicles damaged in an accident, recovered after being reported stolen, that are disabled, that are to be impounded and that are towed for any other legitimate reason, as determined by the Borough Police Department, relating to health, safety and welfare or incident to an arrest or motor vehicle violation.
A person engaged in the business of or offering the services of a vehicle wrecker or towing service whereby disabled motor vehicles are towed or otherwise removed from the places where they are disabled, impounded or abandoned by use of a wrecker or truck so designed for that purpose.
A.
An application form shall be completed by any party interested in performing private towing services. The application can be obtained from the Borough Police Chief. The form of application is attached hereto and incorporated by reference herein. An application fee of $25 is required for all administrative expenses in regard to processing said application.
B.
All applications for said services shall be investigated and evaluated by the Borough Police Chief or his designee as to each applicant's qualifications and background and a report submitted to the Borough Mayor and Council on the Police Chief's finding and recommendation. Said report should be filed within 30 days after receipt of an application. All applicants shall sign a release for information to be obtained by the Borough Police Chief to complete the investigation and evaluation.
C.
All applications are subject to the approval of the Borough Mayor and Council by a resolution. Only applicants which are competent and qualified and meet the conditions of this chapter shall be approved. All approved applicants are required to execute a contract with the Borough to provide such services. The form of contract shall be prepared by the Borough Solicitor and incorporate terms and conditions as set forth in this chapter and as determined by the Borough Mayor and Council for providing such services. All private towing contracts shall be in the same form for all approved private towing contractors.
D.
Any party aggrieved by the decision of the Borough Mayor and Council shall be entitled to a hearing before the Mayor and Council. All requests for such a hearing shall be submitted, in writing, within 10 days of the decision rendered by the Mayor and Council. The hearing shall be heard within 30 days of receipt of the written request unless both parties consent to a later hearing date.
An applicant shall also be required to satisfy the following conditions:
A.
The applicant shall provide a scaled plot plan depicting the storage facilities.
B.
The applicant shall have the ability to store all vehicles within at least a six-foot-high fenced enclosure (outside secured) or building enclosure (inside secured). The enclosure shall be in good repair and well maintained, all gates or entryways secured by locks.
C.
The applicant shall have the following vehicles immediately available for use in providing towing services:
D.
All vehicles shall be in good repair and regularly maintained. All vehicles shall be equipped with fire extinguishers and brooms. A copy of the title to all vehicles used for providing these towing services shall be filed with the Borough Clerk's office.
E.
The applicant shall be available on a seven-day/twenty-four-hour basis. A response time of 15 minutes from the time of call or notice is required.
F.
The applicant shall maintain comprehensive liability insurance in an amount not less than $1,000,000 combined single limits; workers' compensation as required by statute; garage keepers' liability in an amount not less than $100,000 per location, both on hook and storage; garage liability in an amount not less than $1,000,000 combined single limit; miscellaneous coverage to provide complete protection to the municipality against any and all risks of loss or liability, including comprehensive general liability; and collision coverage for vehicles in tow. The Borough shall be listed as an additional insured in all policies, and all policies should contain a provision requiring notification to the Borough prior to any policy revision or termination. A copy of the certificate of insurance shall be filed with the Borough Clerk, which shall be reviewed by the Borough insurance broker as to acceptability of the companies and coverages.
G.
The applicant shall maintain and operate a storage yard within five miles of the Borough's municipal boundaries. All vehicles towed are required to be stored at this storage facility.
H.
The applicant shall provide a record of its towing experience, including the years in business and other municipalities served.
I.
The applicant shall utilize only properly trained employees to perform towing services.
J.
The applicant shall agree to defend, indemnify and save the Borough harmless for any and all suits, judgments, costs, expenses, including attorney's fees and claims on account of breach of contract, damaged property, intentional acts or personal injuries, including death, arising out of or in any way connected with the towing services to be provided.
K.
Proof of ownership or lease by the applicant of the required towing equipment must be submitted with the initial application. The same vehicle may not be used by more than one approved towing contractor. The applicant is not permitted to subcontract for towing services.
On the first of every third year, the governing body will award three-year towing contracts to all applicants who qualify pursuant to the terms of this chapter. Successful applicants shall be called for Borough towing on a rotating basis according to a schedule established by the Chief of Police. All wreckers will be treated equally. Any wrecker who fails to respond to calls in a timely fashion or fails to provide adequate service shall be subject to contract termination upon the recommendation of the Chief of Police.
The Borough Chief of Police shall adopt and enforce reasonable rules and regulations for wreckers and is hereby designated as the municipal officer responsible for the enforcement of the provisions of this chapter in accordance with due process of law.
A.
In the event that an approved private towing contractor breaches any of the terms or conditions of this chapter or the contract with the Borough for providing these services, the Borough has the right to terminate the agreement with the private towing contractor for cause.
B.
The notice of cause for termination shall be provided, in writing, to the private towing contractor by the Borough Chief of Police or his designee, which notice shall also indicate that a hearing will be held by the Borough Chief of Police or his designee at a place therein fixed, not less than 10 days nor more than 30 days after the serving of notice.
C.
The private towing contractor shall be given the right to file an answer to the notice and to appear in person or otherwise and give testimony at the place and time fixed for the hearing. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Borough Chief of Police or his designee. Following such notice and hearing, the Borough Chief of Police or his designee shall state, in writing, the findings of fact in support of the determination to be made and shall issue and cause to be served upon the providing towing contractor said findings and determination.
The Borough Clerk's office, during regular business hours, Monday through Friday, shall make available upon request a copy of this chapter, contract and fee schedule pertaining to all private towing contractors.