The purpose of this article is to establish procedures governing the release of any vehicle towed by the City of Hazleton or by an authorized tow company, and the criteria for its release when, for any legal reason, a vehicle has been removed from its location to another location of safekeeping, thereby ensuring the free, safe and efficient movement of vehicles, protection of the public and appropriate enforcement of the laws of the Commonwealth of Pennsylvania.
[HISTORY: Adopted by the City Council of the City of Hazleton as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-21-2017 by Ord. No. 2017-2]
The following words and phrases, when used in this article, shall have the meanings given to them in this section, unless the context clearly indicates otherwise:
A $50 administrative fee to be paid to the City of Hazleton for tasks performed by the City of Hazleton Police Department for services including, but not limited to, telephone and/or fax calls, removal of personal items, additional paperwork, auto releases, reports, abandoned vehicle paperwork, vehicle checks and clearances, and any other task related to the towing and storage of a vehicle.
Includes any member of the Hazleton Police Department, any Hazleton Code Enforcement Officer, the City Streets Foreman, City Parking Enforcement or the Hazleton Fire Department.
Any motor vehicle, upon the order of the Police Department, towed as a result of involvement in an accident, or a disabled vehicle that has a valid registration, insurance, and/emission sticker, and is being operated by a licensed driver.
A motor vehicle which has been rendered inoperable by mechanical failure or accident. Any motor vehicle, operable or inoperable, which constitutes a hazard to the motoring public by its location, shall be deemed disabled for the purpose of this article.
Hazleton Police Department Auto Release Form, completed by the Hazleton Police Department provided to the owner of a vehicle(s). Release form shall be issued to the owner immediately upon request upon completion of checks and payment of administrative fee. The Auto Release Form must be supplied by the Hazleton Police Department to the owner of a vehicle and must contain the following information:
Date and time of tow;
Owner's name;
Owner's address;
Registration, license plate number and state;
Make;
Model;
Location of tow;
Reason for tow;
Administrative fee of $50;
Other fees charged (e.g., repeat offender, outstanding violations, etc.);
Vehicle identification number; and
Date and time of release.
The storage of a motor vehicle upon the order of the Police Department towed/removed to the towing company's storage area(s) as a result of abandonment, suspected criminal activity, official police investigation, stolen vehicle, illegally parked, and/or any violation of Title 75 of the Pennsylvania Statute.
Any motor vehicle, upon the order of the Police Department, towed to a towing operator's storage area(s) as a result of abandonment, suspected criminal activity, official police investigation, illegal parking, and/or any violation of Title 75 of the Pennsylvania Statutes, or any motor vehicle involved in an accident or disabled, and does not have a valid registration, emissions sticker, insurance or is not operated by a licensed driver.
A person, firm, corporation or partnership who owns and/or operates a motor vehicle on the roads and highways within the City of Hazleton.
Any natural person, firm, partnership, association, corporation, company or organization of any kind.
Sworn police officers of Hazleton Police Department.
The storage and/or holding of vehicles indoors or outdoors in the City of Hazleton.
A company authorized to perform towing in the City of Hazleton.
Any vehicle towed by an authorized tow company that is left unclaimed for a period 20 days in accordance with the laws of the commonwealth with regard to abandoned vehicles.
Every device in or upon or by which a person or property is or may be transported upon a highway, except devices moved by human power.
The following standards shall be followed by the tow company operator and operators of a towing company storage facility when requested to release a vehicle.
A.
All administrative fees will be collected at the Hazleton Police Department for providing the Auto Release Form.
B.
All charges for towing service performed by the tower.
C.
The tower shall prepare a bill for charges pertaining to each vehicle and present it to the claimant of a vehicle.
D.
The City of Hazleton will not be responsible for charges due and owing from a claimant of a vehicle, nor will it assist the tower in collecting such charges.
E.
Any vehicle which is towed by the tower at the direction of the Police Department or any other authorized representative of the City of Hazleton, and which vehicle is thereafter abandoned by the owner or claimant, and remains so abandoned, shall be disposed of pursuant to the laws of the Commonwealth of Pennsylvania with regard to abandoned property and vehicles.
A.
The towers shall maintain records of all vehicles towed, stored and released. Records shall be kept for a five-year period unless otherwise directed.
C.
The tower shall not release vehicles towed under this article without claimant/owner first obtaining an auto release from the Police Department. Any towing company that does not comply with this article will be removed from the towing rotation for a period of one year after investigation by the Chief of Police.
D.
The Police Department shall verify all operators have a valid driver's license, insurance and registration prior to authorizing the release of a vehicle.
E.
The Police Department will verify any holds, investigations, stolen vehicles, warrants or repeat offenders (parking citations) prior to release.
F.
If a parking citation establishes an instance to tow a vehicle, the same is not considered a reason to hold the vehicle.
A.
Other Hazleton City ordinances. This article supersedes other City of Hazleton ordinances only to the extent that those ordinances regulate towing and storage operations that are in conflict with this article.
B.
Criminal investigations. This article shall not be used to supersede or otherwise interfere with any federal or state criminal investigation or prosecution.
C.
Federal and state law. If any portion of this article is preempted or superseded by federal or state law or is declared invalid by any court of competent jurisdiction, the remainder of this article shall remain in effect.