[Ord. 8353, passed 11-24-2020]
This ordinance shall be known and may be cited as the City of
New Castle Towing Ordinance.
[Ord. 8353, passed 11-24-2020]
The purpose of this ordinance is to provide for a convenient
and regulated towing system for the timely removal of motor vehicles
damaged, abandoned, immobilized, illegally parked, or disabled on
roadways, highways, public rights-of-way or other public property
in the City.
[Ord. 8353, passed 11-24-2020]
The following words and terms as used in this article shall
have the following meanings unless the context clearly requires otherwise:
BUSINESS
The physical place/establishment where employees report to
work, equipment is stored and dispatched to and from, all company
dealings take place, record keeping and daily activity, etc., is performed.
For purposes of this ordinance, a business shall have employees at
the business address at a minimum of normal business hours, which
is defined as 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive
of national holidays.
CITY
The City of New Castle, a municipal corporation of the area
within municipal boundaries of the City.
CUSTODIAN
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle.
GVW
Gross vehicle weight.
MAYOR
The Mayor of the City of New Castle.
PERSON
An individual, firm, partnership, association, employee,
corporation, company, or entity or organization of any kind.
POLICE CHIEF
The Chief of the New Castle Police Department or his/her
designee.
TIMELY RESPONSE
Generally means 20 minutes or less from the time the towing
company is requested until the wrecker arrives at the scene. At times
there may be circumstances beyond a tower's control that makes
it impossible for a towing company to arrive within 20 minutes.
TOWING COMPANY OWNER
Any person(s) having an ownership and/or financial interest
in a licensed towing company. This does not include persons who are
solely employed by the towing company.
TOWING ROTATION LIST
The list maintained by the Police Chief of all towing companies
licensed by the City.
VEHICLE CODE
Title 75 of the Pennsylvania Consolidated Statutes.
WINCHING
When the cable that is attached to a motorized pulley system
is unwound and attached to a vehicle to then place that vehicle in
such a position that the vehicle may either be driven away or conventionally
hooked to a wrecker.
WRECKER
Vehicle designed and used for removing and transporting motor
vehicles. This term shall also include a rollback truck, tow truck,
or other vehicles commonly used to perform towing services.
[Ord. 8353, passed 11-24-2020]
Any vehicle parked on any of the roadways, highways, public
rights-of-way or other public property in the City, which is parked
in violation of any provision of the law or of any ordinance of the
City, or which has been immobilized in excess of 72 hours in accordance
with the provisions of this ordinance, may be removed under the provisions
of this ordinance. The Mayor, Police Chief, or any other officer of
the City is authorized to make the decision whether or not to remove
any vehicle. Removal shall be done only by a towing company authorized
by the City.
This article is adopted in accordance with and under the authority
of § 6109(a)(22) of the Vehicle Code.
[Ord. 8353, passed 11-24-2020]
(a) The Police Chief and any police officer(s), or individual designated
by the Police Chief are hereby authorized to:
(1)
Order to be removed, cause to be removed, or remove and impound
vehicles in accordance with the Vehicle Code.
(2)
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.
(3)
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:
A.
In violation of any ordinance of the City of New Castle;
B.
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;
C.
Vehicles where the operator has been placed under arrest;
D.
Vehicles operated by a driver with a suspended license;
E.
Vehicles operated without valid registration or insurance;
F.
Vehicles reported stolen;
G.
Vehicles abandoned or left on the roadway;
H.
Motorized vehicles or equipment not registered or otherwise
permitted to be operated on a roadway.
(b) No vehicle shall be so removed or impounded except as provided in
this article.
(c) The provisions of Section 6309.2 of the Vehicle Code.
[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.
(a) 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.
(b) Issuance of license(s). A towing license shall be issued only to
towing companies that comply with the provisions of this ordinance.
(c) 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.
(d) 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.
[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:
(a) Wreckers and general equipment.
(1)
Business and equipment shall be located within City limits.
(2)
All wreckers shall be clearly marked with the towing company's
name and telephone number marked on each side of the vehicle.
(3)
Wreckers shall be maintained in safe mechanical condition and
must display current state inspection and registration.
(4)
Towing equipment required. One wrecker with, at a minimum, the
following equipment or specifications:
A.
Ten thousand pound or greater GVW chassis truck;
B.
Rear wheel lift with either an integrated or separate boom;
C.
Eight-thousand-pound winching capability;
G.
One or two rotating amber overhead lights visible from 360°;
H.
Clean-up equipment and oil dry or similar approved material;
the ability to communicate immediately with the towing company's
dispatcher; and
I.
Any other equipment to properly tow vehicles.
(5)
Wrecker(s) and required towing equipment shall be owned or leased
by the towing company.
(6)
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.
(b) Storage facilities.
(1)
The storage facility shall be owned or leased by the towing
company.
(2)
The storage facility shall comply with zoning regulations applicable
in the zoning district where the facility is located.
(3)
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.
(4)
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.
(5)
The towing company owner is responsible for the security of
the stored vehicles.
(6)
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.
(c) Insurance.
(1)
Towing companies shall be required to carry insurance at the
minimum policy limits as follows:
A.
Automobile liability insurance in an amount not less than $500,000,
combined single limits.
B.
Workers' compensation insurance, as required by law.
C.
Garage keeper's liability insurance in an amount not less
than $50,000 per location.
D.
Garage liability insurance in an amount not less than $500,000
combined single limit.
E.
Miscellaneous coverage to provide complete protection to the
City against any and all risks of loss or liability including comprehensive
general liability.
F.
Collision coverage for vehicles in tow.
G.
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.
(d) 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
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Criminal Homicide
|
Chapter 29
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Kidnapping
|
Chapter 31
|
Sexual Offenses
|
Section 3502
|
Burglary
|
Section 3921
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Theft by Unlawful Taking or Disposition
|
Section 3922
|
Theft by Deception
|
Section 3925
|
Receiving Stolen Property
|
Section 4101
|
Forgery
|
Section 4104
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Tampering With Records or Identification
|
Section 4107
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Deceptive Business Practices
|
Section 4117
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Insurance Fraud
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(e) Miscellaneous.
(1)
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.
(2)
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.
(3)
Tow companies shall follow all federal, state and local laws.
(4)
The Police Chief may conduct a criminal background check on
owners and all employees of towing companies.
[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.
[Ord. 8353, passed 11-24-2020]
(a) 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.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
[Ord. 8353, passed 11-24-2020]
No towing company shall:
(a) Sub-contract towing services requested by the City, except as specifically
set forth otherwise in this article.
(b) 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.
(c) Charge or provide a written quote or invoice or collect fees in excess
of those specifically set forth and authorized by this ordinance.
(d) Falsify any information with regard to any application.
(e) 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.
(a) Non-Accident Fees.
(1)
Towing fees (including use of dollies) for each wrecker required
to complete a non-accident tow request shall be:
A.
Motorcycles and vehicles less than 3/4 ton GVW: $150.
B.
Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW,
or with dual rear wheels: $155.
C.
All tows that require the use of a dolly: $20.
(b) Accident fees.
(1)
Towing Fees (including dollies) for each wrecker required to
complete a tow request involving and accident shall be:
A.
Motorcycles and vehicles less than 3/4 ton GVW: $250.
B.
Vehicles 3/4 ton or larger but not exceeding 11,000 pounds GVW,
or with dual rear wheels: $275.
C.
Drive shaft removal and reinstallation: $90 remove and install;
$60 removal only.
(c) Other fees. The following fees shall apply to all tows:
(1)
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.
(2)
Drive shaft removal and reinstallation: $90 remove and install;
$60 removal only.
(4)
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.
(5)
Protection fee.
A.
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.
B.
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.
(6)
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.
A.
Per truck and one employee: $85 minimum for the first 30 minutes
or any part thereof.
B.
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.
A.
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.
B.
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.
C.
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.
(d) Impound fees. Unless otherwise provided herein, the following fees
apply to all vehicles or equipment impounded pursuant to this article:
(1)
$100 administrative fee for any vehicle impounded.
(2)
$100 storage fee for the first day, or portion thereof, the
vehicle is impounded.
(3)
$35 storage fee for each day after the first day, or portion
of day, the vehicle is impounded.
(e) Impound regulations.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
[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.
[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:
(a) The make, model, color, and registration number.
(c) Address from where vehicle was removed.
(d) Date and time of removal.
(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.
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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.
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[Ord. 8353, passed 11-24-2020]
(a) 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:
(1)
Registration plate number and State.
(4)
Time wrecker arrived at the scene.
(5)
Dates of accumulated unpaid parking tickets (if applicable).
(6)
Date vehicle was returned to owner/custodian.
(7)
Towing and storage charges for each towed vehicle.
(b) 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).
[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.
[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.
[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.
[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.
[Ord. 8353, passed 11-24-2020]
(a) 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:
(1)
Pay all costs and fees due pursuant to this Ordinance:
(2)
Present documentation that all costs of fees have been paid
to the towing company in full;
(3)
Present valid registration and proof of insurance for the vehicle;
(4)
Present a valid Driver's License;
(5)
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.
(b) 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:
(1)
Pay all costs and fees due pursuant to this Ordinance;
(2)
Present documentation that costs and fees have been paid to
the towing company in full;
(3)
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;
(4)
If a vehicle, present valid registration and proof of insurance
for the vehicle:
(5)
If a vehicle, present a valid Driver's License;
(6)
The towing or hauling vehicle must be properly licensed by the
PUC.
(c) 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.
(d) 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.
[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.
[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.
[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.
[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.
[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:
(a) Remove the vehicle or cause to be removed at the sole cost and expense
of the habitual violator;
(b) 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.
(1)
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.
(2)
The City assumes no liability for loss or damage to the vehicle
while immobilized. The Police Department or other City authority shall
have the power and is hereby authorized to remove the vehicle by either
private or governmental equipment to a City pound or elsewhere deemed
advisable.