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Borough of Old Forge, PA
Lackawanna County
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[HISTORY: Adopted by the Borough Council of the Borough of Old Forge 6-23-2020 by Ord. No. 5-2020; amended in its entirety 12-15-2020 by Ord. No. 9-2020. Amendments noted where applicable.]
This chapter shall be known as and may be cited as "Old Forge Borough Vehicle Towing and Storage Ordinance.''
The Old Forge Borough Police Department is hereby authorized to remove and impound or to order the removal and impounding of any vehicle parked on any streets, highways or public property in the Borough of Old Forge in violation of any provision of the law or any ordinance of the Borough of Old Forge; provided, however, that no such vehicle shall be removed or impounded except in strict adherence to the provisions of this chapter.
A. 
All towers will be required to meet qualifications to be on the list of towing companies authorized by the Borough to be used or called by its Police Department. All towers will be inspected by the Old Forge Police Department and must be able to show the following as part of that inspection:
(1) 
Certificate of insurance.
(2) 
Workers' compensation policy.
(3) 
One rollback truck.
(4) 
One tow truck with wheel lift.
(5) 
The towing company name and phone number must be displayed on the tow truck.
(6) 
Towing company must produce valid and current registrations and inspections for each vehicle to be used.
(7) 
All identification logos and decals must be permanently affixed to the doors of all vehicles used in performing towing services and cannot be manipulated in any way as to identify the vehicle as owned and operated by another entity.
B. 
A tower who fails to maintain its qualifications shall be removed from the list and rotation until such time as it complies with the qualifications herein.
The Old Forge Police Department shall have the list of authorized towing companies for the Borough to call in the event that a vehicle's owner is unable or unwilling to request towing services. The Old Forge Police Department may also use different towing companies not on the list if special situations deem it necessary for the type of towing situation in its discretion. If a towing company is unable to respond to a call within 30 minutes after being called, that towing company will lose its turn in the rotation; another towing company may respond for that towing company. Each towing company on the list may have a backup towing company they use in the event that it is unable to respond within the 30 minutes, so long as the backup towing company meets the qualifications in § 329-3.
Towing companies are prohibited from soliciting calls. Any company which responds to a call without being dispatched by the Old Forge Police Department will receive a written letter of reprimand for that first offense, will be suspended from the towing list for six months for the second offense, and will be removed from the towing list permanently for the third offense. In addition to the penalties stated above, the towing companies will be fined $100 for each offense. In addition, any towing company violating the rule regarding solicitation of calls stated above, regardless of whether the company is on the official towing list herein, will be subject to a fine of $100 per offense for such violation. No fine shall be imposed in the event a vehicle owner calls its own tower.
All authorized towers must be available to come out and release vehicles between the hours of 7:00 a.m. and 7:00 p.m. seven days a week.
Each towing company must have the capability to store vehicles once the vehicles are towed. A towing company may not tow a vehicle and place the towed vehicle on a roadway. A violation of this section is subject to the same penalties as set forth in § 329-5, Prohibitions, above.
The Old Forge Borough Council shall establish by resolution from time to time a list of towing companies to be used by the Old Forge Borough Police Department for the towing of vehicles in the Borough of Old Forge in its discretion. A tower who fails to maintain its qualifications may be removed from the list and rotation until such time as it complies with the qualifications herein.
Any other ordinance provision(s) or regulation of the municipality inconsistent with any of the provisions of this chapter is hereby repealed to the extent of the inconsistency only.
In the event that a court of competent jurisdiction declares any section or provision of this chapter invalid, such decision shall not affect the validity of any of the remaining provisions of this chapter.
This chapter shall be effective upon enactment and shall remain in force until modified, amended or rescinded by Borough of Old Forge, Lackawanna County, Pennsylvania.