[HISTORY: Adopted by the Council of the City
of Easton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 8-12-2020 by Ord. No. 5706]
The need of property owners to prevent unauthorized parking
on private property must be balanced with appropriate protection to
citizens from unjust or onerous towing practices. Therefore, it is
in the public interest to create a uniform framework to establish
and enforce towing procedures and standards for owners of private
property as well as by tow truck owners and operators.
This article incorporates the definitions used within 73 P.S.
§ 1971.2, as may be amended, as well as the following words
and phrases. When used within this article, these shall have the meaning
set forth in this section unless context clearly indicates otherwise.
A charge levied by a towing company for releasing a vehicle
to its owner or operator when the vehicle has been, or is about to
be, hooked or lifted by a tower, but prior to the vehicle actually
having been moved or removed from the property.
The removal of a vehicle from a parked location by any tow
truck operator without the prior consent of the vehicle owner.
The owner or lessee of private property or the authorized
agent thereof. This definition shall not include a towing company
acting as an agent of such owner or lessee.
In addition to the definition within 73 P.S. § 1971.2,
shall also include the moving, removing, or recovery of a vehicle
from private or public property without the vehicle owner or operator's
prior consent.
Any vehicle in, upon, or by which a person or property is
or may be transported upon a motorway regulated under the laws of
this commonwealth.
The person owning or in physical control of a vehicle that
has been towed under the provisions of this article.
A.
Any private property owner who employs, contracts with, or otherwise engages a tow truck operator for the removal of vehicles parked without authorization shall ensure that said operator complies with all requirements of this article and the laws of the Commonwealth of Pennsylvania. In the event that a tow truck operator is found to not be in compliance with this article, the private property owner shall be subject to the penalties provisions set forth in § 545-6.
[Amended 6-23-2021 by Ord. No. 5743]
B.
Any property with restricted parking must be posted by the private
property owner in compliance with 67 Pa. Code § 212.115,
as may be amended (dealing with the posting of private lots). Additionally,
the property shall be posted with the name and phone number of the
tow truck operator utilized to remove unauthorized vehicles in a manner
readily visible to an ordinarily observant driver.
[Amended 6-23-2021 by Ord. No. 5743]
In addition to any regulation or obligation imposed by state
law, which includes the acceptance of credit or debit cards for payment,
or other relevant governmental entity, all tow truck operators wishing
to conduct business must comply with the following:
A.
Operators must be registered to do business within the City, be current
on all registration fees and/or taxes, and not have any outstanding
fines for violations of any City ordinance.
B.
Operators must maintain liability insurance coverage for personal
injury and property damage in the amount of at least $1,000,000 for
each accident or occurrence. Nothing in this section shall preclude
a state agency, political subdivision, or any other entity from requiring
higher coverage amounts. Operators must provide proof of appropriate
levels of insurance to the City Police Traffic Division every six
months and at other times when requested.
C.
Prior to towing any vehicle from private property, the operator must:
(1)
Be initially notified of the unlawfully parked vehicle by the private
property owner; and
(2)
Report the tow to the City of Easton Police Department within 30
minutes of towing the vehicle, as per the laws of the Commonwealth
of Pennsylvania. This report will be made to the Department via the
nonemergency phone number or by any other reasonable means established
by the Easton Police Department.
D.
Operators must release the vehicle to the owner promptly when either:
(1)
Requested by the owner if, prior to the actual removal of the vehicle
from the private property, the owner requests the release of the vehicle.
In such instances, the vehicle must be released immediately. Furthermore,
in such instances, tow truck operators may not charge the owner a
decoupling fee or any other fee.
(2)
After a vehicle has been removed from private property, release shall
be conditioned on the payment for towing, storage and related services.
All charges shall be itemized and in writing, with a paper copy provided
to the vehicle owner or authorized person. Payment may be made with
cash, a debit or credit card from a common issuer, or a check from
an insurance company or authorized tower or salvor acting on behalf
of the insurance company.
E.
Operators must charge a reasonable fee for towing services and storage
of any nonconsensually towed vehicles consistent with 75 Pa.C.S.A.
§ 3353(c).
This article shall not apply to:
A.
A vehicle parked in such a way as to block access to a driveway or
garage entrance on a lot or parcel with a single-family unit or an
owner-occupied multi-unit of not more than six units.
B.
A residential community in which parking spaces are specifically
assigned to community residents, provided that:
C.
This section shall not apply to any private parking lot or parcel
owned or assigned to a commercial or other nonresidential entity located
in such residential communities.
D.
This section does not relieve the owner of any private property from
completing all state requirements for removal of vehicles from private
property. This shall include, but is not limited to, the completion
of Pennsylvania Department of Transportation form MV-952PP, identified
as the "Abandoned Vehicle on Private Property Report by Property Owner."
A.
Any violations of this article shall be punishable by the following
civil penalties:
(1)
Any tow truck operator found in violation of the provisions of this
article shall be subject to a fine, for each vehicle improperly towed,
of $500 or the total fee charged to the vehicle owner, whichever is
greater. Additionally, any tow truck operator found in violation of
this article on three or more occasions will be prohibited from conducting
further towing operations within the City.
(2)
Any private property owner found in violation of the provisions of
this article shall be subject to a fine, for each vehicle removed,
of $500 or the total fee charged to the vehicle owner by the tow truck
operator, whichever is greater.
B.
The provisions within this section are in no way intended to replace
or supersede a vehicle owner's right to recovery from either a tow
truck operator or property owner under common law or the laws of this
commonwealth. This shall include but not be limited to a vehicle owner's
right to recover under the Unfair Trade Practices and Consumer Protection
Law. See 73 P.S. § 201-1 et seq., as set forth within 73
P.S. § 1971.4, and as both of these statutes may be amended.
