City of New Castle, PA Vehicle Removal and Impounding

The Police Chief and any police officer(s), or individual designated by the Police Chief are hereby authorized to:

Order to be removed, cause to be removed, or remove and impound vehicles in accordance with the Vehicle Code.

Order to be removed, cause to be removed, or remove and impound any vehicle parked on any City streets, highways, or public property of the City in violation of any other provisions of the Vehicle Code or of any City ordinance or traffic rule.

Order to be removed cause to be removed, or remove and impound any vehicle parked, stopped, or located on any of the streets of the City:

In violation of any ordinance of the City of New Castle;

Vehicles or equipment seized or held pursuant to a criminal investigation or prosecution, including vehicles or equipment which a law enforcement agency intends to search in relation to a criminal investigation or prosecution, vehicles or equipment held as evidence in a criminal investigation or prosecution;

Vehicles where the operator has been placed under arrest;

Vehicles operated by a driver with a suspended license;

Vehicles operated without valid registration or insurance;

Vehicles reported stolen;

Vehicles abandoned or left on the roadway;

Motorized vehicles or equipment not registered or otherwise permitted to be operated on a roadway.

No vehicle shall be so removed or impounded except as provided in this article.

The provisions of Section 6309.2 of the Vehicle Code.

§ 505.06 Annual license required.

[Ord. 8353, passed 11-24-2020]

The Towing License is required for any towing company engaged in the business of towing vehicles at the request of the City from roadways, highways, public rights-of-way or other public property in the City. The towing company shall be licensed annually in accordance with the provisions of this article.

Application for license. Applications for license shall be submitted to the Police Chief upon forms prepared and made available by the City. The application form(s) shall be properly completed, signed and accompanied by the application and license fee. The Police Chief shall review and inspect the required storage facility and towing equipment and all applications for compliance with the terms of this ordinance and other applicable regulations.

Issuance of license(s). A towing license shall be issued only to towing companies that comply with the provisions of this ordinance.

License fee. The license fee under this ordinance for the original application shall be $1,000 for a towing license. These are nonrefundable application fees.

License renewal. All licenses, except those terminated for just cause as provided herein, are subject to an annual renewal fee of $525 for a towing license. This renewal fee shall be paid no later than March 31st of each calendar year.

§ 505.07 Minimum requirements/qualifications.

[Ord. 8353, passed 11-24-2020]

Towing companies to be licensed under this ordinance to tow vehicles at the request of the City shall maintain the following minimum requirements:

Wreckers and general equipment.

Business and equipment shall be located within City limits.

All wreckers shall be clearly marked with the towing company's name and telephone number marked on each side of the vehicle.

Wreckers shall be maintained in safe mechanical condition and must display current state inspection and registration.

Towing equipment required. One wrecker with, at a minimum, the following equipment or specifications:

Ten thousand pound or greater GVW chassis truck;

Rear wheel lift with either an integrated or separate boom;

Eight-thousand-pound winching capability;

Recovery chain;

Jumpstart capability;

Dolly wheels;

One or two rotating amber overhead lights visible from 360°;

Clean-up equipment and oil dry or similar approved material; the ability to communicate immediately with the towing company's dispatcher; and

Any other equipment to properly tow vehicles.

Wrecker(s) and required towing equipment shall be owned or leased by the towing company.

A wrecker used by a towing company shall not be used or operated by any other towing company under this ordinance unless authorized to do so by the Police Chief.

Storage facilities.

The storage facility shall be owned or leased by the towing company.

The storage facility shall comply with zoning regulations applicable in the zoning district where the facility is located.

The storage facility shall be enclosed by a secured opaque fence or building. When enclosed by a fence, the fence shall be a minimum of six feet in height and made of a sturdy material such as opaque chain link, wooden slats, or other approved material. All gates shall be secured with locks or other security mechanisms to reasonably prevent entry by unauthorized persons.

The lot shall be reasonably well lit to provide ability for towers/customers to inspect, release, pick up vehicles, and to provide a safer environment during hours of darkness.

The towing company owner is responsible for the security of the stored vehicles.

The towing company owner shall establish a system convenient to the vehicle owner to provide for release of towed vehicles from the storage facility 24 hours a day, daily.

(7)

Release of towed vehicles under the private towing license shall be completed within a two-hour time period following receipt of the request to release the towed vehicle.

(8)

Release of personal property from a towed vehicle that is not attached to the vehicle shall be made within a two-hour time period between the hours of 9:00 a.m. and 5:00 p.m., Monday through Friday, following receipt of the request to return the property. Except as provided in 505.11 (a)(1) and (c), no fee shall be charged for the return of personal property from a towed vehicle that is not attached to the vehicle.

Insurance.

Towing companies shall be required to carry insurance at the minimum policy limits as follows:

Automobile liability insurance in an amount not less than $500,000, combined single limits.

Workers' compensation insurance, as required by law.

Garage keeper's liability insurance in an amount not less than $50,000 per location.

Garage liability insurance in an amount not less than $500,000 combined single limit.

Miscellaneous coverage to provide complete protection to the City against any and all risks of loss or liability including comprehensive general liability.

Collision coverage for vehicles in tow.

The City shall be listed as an additional insured party on all policies and such policies shall contain a provision requiring notification to the City prior to any policy revision or termination. A copy of the policy shall be provided to the Police Chief.

Criminal record. No towing company owner shall have any misdemeanor and/or felony criminal convictions for criminal violations that would be inconsistent with providing professional towing service. Specifically, no towing company shall have such conviction(s) for the following violations of the Pennsylvania Crimes Code:

Chapter 25	Criminal Homicide
Chapter 29	Kidnapping
Chapter 31	Sexual Offenses
Section 3502	Burglary
Section 3921	Theft by Unlawful Taking or Disposition
Section 3922	Theft by Deception
Section 3925	Receiving Stolen Property
Section 4101	Forgery
Section 4104	Tampering With Records or Identification
Section 4107	Deceptive Business Practices
Section 4117	Insurance Fraud

Miscellaneous.

Tow company drivers shall also make every effort to be clean and neat in appearance and shall be courteous to personnel at tow scenes. Drivers shall follow the directives of the police officer(s) at the scenes.

Drivers must not be under the influence of drugs, alcohol, or other substance or substances. In the event that it is determined that a driver appears at a scene on behalf of the City under the influence of drugs, alcohol, or any other substance or substances, the tow company may be immediately removed from the list at the discretion of the Police Chief.

Tow companies shall follow all federal, state and local laws.

The Police Chief may conduct a criminal background check on owners and all employees of towing companies.

§ 505.08 Towing rotation.

[Ord. 8353, passed 11-24-2020]

The Police Chief shall maintain the list of licensed towing companies, listed alphabetically, requested by City employees authorized by the Mayor or Police Chief on a weekly rotating basis. "Rotating basis" means the towing company appearing on top of the list shall be requested first to do the tow for a one-week period. Once the towing company on the top of the list is requested for its one-week rotation, it shall be placed on the bottom of the list.

When the towing company on the top of the list is called for a towing request and fails to answer the telephone or if a towing company is unable to respond to the request because all towing equipment/drivers are handling other towing services, that towing company shall remain at the top of the list for the remainder of its week rotation; however, for that specific call the next name on the list will be requested.

This rotation may be waived when, in the opinion of the City, the immediate removal of a vehicle(s) is critical to public safety.

§ 505.09 General regulations.

[Ord. 8353, passed 11-24-2020]

Public property. All vehicles removed, transported or conveyed at the request of the City, shall be, at the direction of the City, stored at the towing company's storage facility or at property owned or controlled by the City, or to a location specified by the vehicle owner or operator.

Any vehicle remaining at the storage facility for a minimum of 15 days and a maximum of 30 days may be removed, as permitted by applicable salvor regulations in the Vehicle Code or other state statute, and with written/faxed permission from the Police Chief if the vehicle was impounded by the Police Department.

In the case of a police request of a towing company holding a towing license, the towing company requested shall respond to the tow location within 20 minutes of the City's request. The City recognizes there are circumstances, such as adverse road conditions, that are beyond the towing company's control that would prohibit them from arriving at the scene of the tow within 20 minutes. In these situations, the City may allow additional time for the towing company to respond. Generally, if the towing company fails to respond within 20 minutes after being requested, the next available towing company on the towing rotation may be requested. Nothing in this regulation is intended to permit or encourage the towing company to violate any provisions of the Vehicle Code or to operate a vehicle in an unsafe manner but is intended to place police requested tows at the highest priority for public safety reasons.

Towing companies shall be available to tow vehicles 24 hours-a-day, seven days a week. In rare instances when a towing company is not available to tow vehicles for the City, the towing company shall notify the Police Chief of the circumstances that prohibit them from performing tows and the estimated time they will be unavailable.

All towing companies shall be required to notify the Police Chief within 24 hours of any modifications to information provided in the towers license application.

(f)

Towing company owners shall comply with all local, state, and federal laws and regulations and are responsible for ensuring that all employees of the towing company adhere to this ordinance.

(g)

The City shall not be liable for any towing company's fees for non-City owned vehicles. All fees for towing services and storage shall be levied against the owner of the vehicle unless it is determined by the City that the vehicle was towed in error, in which case no charges will be assessed against the owner. If the error is that of the towing company, no charges will be assessed. If the error is that of the City, appropriate charges may be assessed against the City.

(h)

All fees for towing services and storage shall be levied against the owner of the vehicle unless it is determined by the Police Chief, or the towing company that the vehicle was towed in error, in which case no charge will be assessed.

(i)

Towing companies shall be responsible for the conduct of all drivers and employees. All drivers must maintain a valid Pennsylvania driver's license. Misconduct of towing company employees may subject a towing company to the suspension of towing privileges. The driver's license of persons towing for a towing company are subject to inspection by the Police Chief.

(j)

The towing company shall remove accident debris as part of the towing service.

(k)

In situations involving hazardous materials which require the response by a specially trained hazardous material unit, towing services may be limited to those towing companies certified in the removal of hazardous material. Such companies may or may not be licensed under this ordinance; however, those towing companies licensed by the City and certified in the removal of hazardous material will be requested first.

(l)

In situations requiring the towing of a truck, truck tractor, or combination having a GVW or registered GVW in excess of 17,000 pounds, only those towing companies equipped to tow such vehicles may be requested. Such companies may or may not be licensed under this ordinance; however, those licensed towing companies equipped for such tows will be requested first.

(m)

Only in situations requiring the towing of a motor vehicle having a GVW or registered GVW in excess of the capability of the towing company's equipment, the tower may subcontract the towing of the motor vehicle to an unlicensed towing company. The towed motor vehicle may be towed to and stored at either the towers secured lot or to the subcontractor's storage area. When a towing company utilizes the services of a subcontractor as permitted under this section, it will be the towers responsibility to assure that the subcontractor complies with all other requirements of this ordinance.

(n)

Motor vehicles that are locked at the time they are to be towed and are not equipped with a lock steering mechanism shall have the front wheels placed on dollies before being towed to insure the vehicle being towed is kept in line with the towing vehicle. The exception would be those vehicles with front wheel drive, in which case the vehicle may be towed by the front. Motor vehicles being towed must have minimum lighting, as set forth in the Vehicle Code, to provide for safe movement on the highway.

§ 505.10 Prohibited acts.

[Ord. 8353, passed 11-24-2020]

No towing company shall:

Sub-contract towing services requested by the City, except as specifically set forth otherwise in this article.

Tow or move a vehicle from or within roadways, highways, public rights-of-way or other public property in the City without the consent of the owner or operator, or without authorization from the City.

Charge or provide a written quote or invoice or collect fees in excess of those specifically set forth and authorized by this ordinance.

Falsify any information with regard to any application.

§ 505.11 Maximum fee schedule for towing services and impound services; tow services and impoundment services regulations.

Respond to the scene of an accident to circumvent the towing rotation by soliciting a tow directly from an involved party to the accident.

[Ord. 8353, passed 11-24-2020]

The following fees are established for towing and storage services provided at the City's request by licensed towing companies and are the maximum fees that may be assessed. It shall be deemed a City request anytime a towing company is requested by the City directly or through the Police Chief or Lawrence County Emergency Communication Center for towing services.

Non-Accident Fees.

Towing fees (including use of dollies) for each wrecker required to complete a non-accident tow request shall be:

Motorcycles and vehicles less than 3/4 ton GVW: $150.

Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or with dual rear wheels: $155.

All tows that require the use of a dolly: $20.

Accident fees.

Towing Fees (including dollies) for each wrecker required to complete a tow request involving and accident shall be:

Motorcycles and vehicles less than 3/4 ton GVW: $250.

Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW, or with dual rear wheels: $275.

Drive shaft removal and reinstallation: $90 remove and install; $60 removal only.

Other fees. The following fees shall apply to all tows:

Vehicles larger than 11,000 pounds GVW or dual rear wheels shall be commensurate with the services provided. The Police Chief shall be notified in writing within 72 hours after the tow of the fee charged for all tows greater than 11,000 pounds.

Drive shaft removal and reinstallation: $90 remove and install; $60 removal only.

Drop fee: $90.

Snow removal fee, permitted when an employee of the towing company must shovel snow 10 minutes or more before the vehicle may be removed for towing/impound: $40 for 10 to 30 minutes plus $15 for each additional 15 minutes or part thereof.

Protection fee.

A towing company may assess the vehicle owner or custodian a fee of $40 in addition to the towing fee and any other applicable fees set forth in this article for covering motor vehicles or safeguarding the vehicle within a towing facility with open convertible tops, open windows and/or open areas that will allow weather to penetrate the interior of the vehicle.

A towing company may assess the vehicle owner or custodian a fee of $40 in addition to the towing fee and any other applicable fees for covering motor vehicles or safeguarding the vehicle that is towed to the City impound facility or any other non-towing company facility with open convertible tops, open windows and/or open areas that will allow weather to penetrate the interior of the vehicle.

Authorized winching fees for recovery. For tows requiring winching service, towing companies may charge up to the following fees in addition to the towing charge. In calculating the below fees, the winching time begins when the towing service leaves the regularly maintained roadway and concludes when the vehicle to be towed is accessible by the wrecker.

Per truck and one employee: $85 minimum for the first 30 minutes or any part thereof.

Per truck and one employee (after first 30 minutes): $45 per 30 minutes or any part thereof.

(7)

Long distance tows. If a vehicle owner or custodian requests to have his/her vehicle towed to a location greater than either five road miles from the towing scene, a fee of up to $4 per mile (one way) may be charged by the towing company. This per-mile fee is in addition to the towing fee schedule listed this section. Additionally, the towing company may increase its per-mile fee beyond the base of $4 at increase intervals of $0.25 for every $0.50 per gallon increase in the towing company's fuel costs above $5.

Towing Company Fuel Costs	Per-Mile Rate (One Way)
$5 or less per gallon	$4.50
Between $5.01 - $5.50 per gallon	$4.75
Between $5.51 and $6.00 per gallon	$5.00
Between $6.01 and $6.50 per gallon	$5.25

(8)

Cleanup fees. Towing companies are required to clean up at an accident scene. An additional charge of up to $60 may be charged for each vehicle involved in the accident that requires cleanup and in which the cleanup is actually performed by the towing company. If the clearing of the accident debris takes more than 30 minutes, the towing company may assess additional cleanup fees at the rate of $5 per 15 minutes, or any part thereof, after the initial 30 minutes.

Exceptions to Towing Fees. In the event fees other than authorized are charged because of unusual circumstances, the Police Chief shall be notified in writing, within 72 hours after the tow, of the fee charged.

Towing regulations. No vehicle shall be removed under the authority of this ordinance if, at the time of the intended removal, the owner or custodian of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately.

In these instances, the towing company shall charge no more than $90 from the time the wrecker is backed up to the vehicle to be towed to the point that the wrecker is in motion towing the vehicle away. The towing company shall make reasonable accommodations to permit the owner/custodian to obtain payment for the fee charged.

(9)

Once the wrecker is in motion with the towed vehicle, the towing company is entitled to the full towing fee listed in 505.11 (a)(1) and (c) This is not applicable where the vehicle has been immobilized by City request for failure to pay accumulated fines and such fines remain unpaid.

Impound fees. Unless otherwise provided herein, the following fees apply to all vehicles or equipment impounded pursuant to this article:

$100 administrative fee for any vehicle impounded.

$100 storage fee for the first day, or portion thereof, the vehicle is impounded.

$35 storage fee for each day after the first day, or portion of day, the vehicle is impounded.

Impound regulations.

No vehicle shall be released from impound unless the owner of the vehicle provides to the City proof that all fees due to the towing company have been paid in full and until all fees due to the City, as set forth herein, are paid in full.

No administrative or impound fees shall apply to any vehicle or equipment forfeited to the Commonwealth, or any of its political subdivisions or agencies, as the result of a criminal investigation or prosecution under any applicable provision of Title 18 of the Pennsylvania Consolidated Statutes, or any other provision of Pennsylvania law, or Title 18 of the United States Code.

No administrative or impound fees shall be charged to the owner of any vehicle impounded as a result of being reported stolen; however, the Police Department shall promptly determine the prosecuting agency and provide notice to the prosecuting attorney or agency of the amount of administrative and impound fees due and demand that such fees be presented to the appropriate court as restitution in any prosecution of the individual or individuals held criminally responsible for the theft of said vehicle.

Except as provided in Subparagraph (3), no administrative or impound fees shall be charged for any vehicle impounded by the Police Department as evidence in a criminal investigation or prosecution, unless the owner, or operator of the vehicle at the time of impounding, is the subject of the criminal investigation or prosecution and is subsequently convicted of one or more charges in any such prosecution or enters into an Accelerated Rehabilitative Disposition in relation to any such charge or charges.

Payment. The Payment of any towing fees due by reason of the removal and impounding of the vehicle shall be the responsibility of the owner of the vehicle. Due to the unexpected and costly nature of persons having their vehicles towed, towing companies shall, in addition to cash payment, accept at least two major credit cards for payment of towing and storage services.

§ 505.12 Storage location.

[Ord. 8353, passed 11-24-2020]

Unless otherwise directed by the City, all vehicles towed under the provisions of this Ordinance shall be stored at the City Impound Lot, located at 28 West Grant Street, New Castle, PA 16101. In the event the City Impound Lot is at capacity or is otherwise inadequate to accommodate a particular type of vehicle, the vehicle(s) may be stored at another location deemed appropriate by the Police Chief. Any fees in additional to those set forth in Section 505.05 which may apply as a result of towing and storing the vehicle in an alternate location shall be the responsibility of the owner of the vehicle.

§ 505.13 Notification of removal and impounding.

[Ord. 8353, passed 11-24-2020]

Within one hour from the time of removal of any vehicle by an authorized towing company, the Lawrence County Emergency Communications Center shall be notified by said towing company, by providing the Center with a copy (or facsimile) of the written authorization and shall include the following information:

The make, model, color, and registration number.

State of registration.

Address from where vehicle was removed.

Date and time of removal.

Towing fee.

(f)

Name and twenty-four-hour telephone number of the towing company.

(g)

Location where the vehicle may be claimed by the owner.

By the next business day, from the time of removal of any vehicle illegally-parked or immobilized, notice of the fact that such vehicle has been impounded shall be sent by the City of New Castle Police Department to the owner of the record of such vehicle. Such notice shall designate the place from which such vehicle was removed, the reason for its removal and impounding and the pound to which it has been removed. Notwithstanding the foregoing and any provision to the contrary contained in this article, the procedure set forth in Section 6309.2 of the Vehicle Code shall be followed where the police power is exercised pursuant thereto.

If any vehicle has not been claimed nor notice of protest filed within 60 days of the mailing date of such notice to the owner, the Police Department may declare the vehicle abandoned and initiate proceedings to acquire ownership of such vehicle, in accordance with the laws of the Commonwealth of Pennsylvania.

§ 505.14 Record of vehicles towed/stored.

[Ord. 8353, passed 11-24-2020]

Every licensed towing company providing service at the request of the City shall make a written record of each vehicle towed or stored consisting of the following information:

Registration plate number and State.

Time call was received.

Spot or ticket time.

Time wrecker arrived at the scene.

Dates of accumulated unpaid parking tickets (if applicable).

Date vehicle was returned to owner/custodian.

(7)

Towing and storage charges for each towed vehicle.

Every licensed towing company shall maintain for at least two years towing records for all vehicles towed. Each towing record shall include information listed in Subsection A.(1) through (7) of this section. Upon request by the Police Chief or his designee, licensed towing companies shall make available for review and/or provide copies of any requested towing record(s).

§ 505.15 Payment of charges without protest.

[Ord. 8353, passed 11-24-2020]

The payment of any towing and impounding charges authorized by this article shall, unless paid under protest, be final and conclusive, and shall constitute a waiver of any right to recover the money so paid.

§ 505.16 Payment of charges under protest/appeal.

[Ord. 8353, passed 11-24-2020]

In the event that any towing and impounding charges so imposed shall be paid under protest, the offender shall be entitled to a hearing before a magistrate or court of record having jurisdiction, in which case such defendant shall be proceeded against and shall receive such notice as is provided by the Vehicle Code in other cases of summary offenses, and shall have the same rights as to appeal and waiver of hearing.

§ 505.17 Records of vehicles removed/impounded.

[Ord. 8353, passed 11-24-2020]

The Police Chief or designee shall keep a record of all illegally parked and/or immobilized vehicles impounded and shall be able at all reasonable times to furnish the owners/custodians with information as to the location of the storage facility where such vehicles are impounded.

§ 505.18 Liability for fine/penalty.

[Ord. 8353, passed 11-24-2020]

The payment of towing and storage charges shall not operate to relieve the owner or operator of any vehicle from liability for any fine or penalty for the violation of any law or ordinance on account of which the vehicle was removed or impounded.

§ 505.19 Requirements for release of vehicle.

[Ord. 8353, passed 11-24-2020]

For vehicles which are operable. The owner of the vehicle or authorized agent of the owner (as evidenced by a valid Power of Attorney or Notarized Statement of the owner) shall, before the vehicle is released by the City:

Pay all costs and fees due pursuant to this Ordinance:

Present documentation that all costs of fees have been paid to the towing company in full;

Present valid registration and proof of insurance for the vehicle;

Present a valid Driver's License;

Present documentation that all fines and costs relating to any traffic or non-traffic offenses under the Vehicle Code or City Ordinance for which the vehicle was impounded have been paid in full or that a payment agreement has been entered into between the owner of the vehicle and appropriate Magisterial District Justice office relating to said fines and costs.

For vehicles which require towing or hauling from the impound lot. The owner of the equipment or vehicle or authorized agent of the owner (as evidence by a valid Power of Attorney or Notarized Statement from the owner) shall before the vehicle or equipment is released by the City:

Pay all costs and fees due pursuant to this Ordinance;

Present documentation that costs and fees have been paid to the towing company in full;

If a vehicle, present valid registration and proof of insurance for the vehicle:

If a vehicle, present a valid Driver's License;

The towing or hauling vehicle must be properly licensed by the PUC.

Vehicles titled in the name of a business or other entity and not titled in the name of an individual may be released to an agent or other designee of the company, upon presentation of documentation evidencing the same, and upon payment of all applicable fees, fines, and costs as set forth in this section.

Notwithstanding anything to the contrary in this Ordinance, if any vehicle or equipment is seized, held, or impounded pursuant to a criminal investigation or prosecution, the vehicle or equipment shall not be released unless approval is received from the District Attorney or release is otherwise ordered by a Judge of the Court of Common Pleas.

§ 505.20 Complaints against licensed towing companies.

[Ord. 8353, passed 11-24-2020]

The Police Chief shall notify the towing company owner within 14 days of receipt of any complaint against a towing company that will be investigated by the Police Department. Complaints by City of New Castle employees against a towing company shall be brought to the attention of the Police Chief within seven calendar days.

§ 505.21 Financial interest of towing company prohibited.

[Ord. 8353, passed 11-24-2020]

Towing companies are prohibited, either directly or indirectly, from giving or furnishing a rebate or payment of money or any other valuable consideration to a property owner from whose premises the towing company has, is about to, or will remove motor vehicles.

§ 505.22 Termination of license.

[Ord. 8353, passed 11-24-2020]

Any towing company or its employee who violates any provision of this chapter shall be issued a written warning for the first violation during any calendar year. Any subsequent violation during the same year may cause the termination of the towing company's license. The towing company is not entitled to a warning for violation of any provisions of 505.10 and may have their license terminated for the first and/or subsequent violations of this section.

The towing company shall be notified in writing no less than five calendar days prior to the termination of its license. The notice of termination shall state the reason(s) for termination and the effective date of termination. The towing company shall have 14 calendar days to appeal the termination in writing to the City of New Castle Business Administrator. The Business Administrator or his/her designee shall hold the hearing within 10 calendar days of written receipt of the towing company's request for an appeal. The towing company may appeal the Business Administrator's decision, in writing, to City Council within 10 calendar days of the receipt of the Business Administrator's decision.

§ 505.23 Fines and penalty for violation.

[Ord. 8353, passed 11-24-2020]

Upon conviction of any provision of this ordinance, a towing company may be fined not less than $300 or more than $600. Additionally, upon conviction of any provision of 505.10 of this chapter, a towing company shall have its license revoked for a period of one year.

§ 505.24 Vehicle immobilization, removal, and impoundment.

[Ord. 8353, passed 11-24-2020]

Any vehicles having five or more unpaid past due tickets, summons, or other process, issued against it, charging that the vehicle was parked, stopped, or standing in violation of the Vehicle Code, this article or any other traffic ordinance of the City is deemed to be a public nuisance and the Police Department and/or any other authorized City agent assigned to traffic duty is hereby authorized to:

Remove the vehicle or cause to be removed at the sole cost and expense of the habitual violator;

Immobilize the vehicle by means of applying a boot. If vehicle has remained immobilized for a period of 72 hours, and release has not been obtained, the New Castle Police Department or any other City agent shall have the authority to remove the vehicle or cause to be removed at the sole cost and expense of the habitual violator. In any case involving the immobilization of a vehicle pursuant to this section, a notice shall be placed on the vehicle, in a conspicuous manner, sufficient to warn any individual that the vehicle has been immobilized and that any attempts to move the vehicle may result in damage thereto.

Any tampering with or removal of the device shall be separate offenses and may be prosecuted as violations of the criminal mischief and theft sections of the Pennsylvania Crime Code.