[Amended 3-10-2010 by Ord. No. 2010-04; 6-9-2021 by Ord. No. 2021-04]
A. 
The Township of Spring Garden (hereinafter "Township") shall establish a list of qualified towing service providers ("towing provider(s)") for light-duty and medium- /heavy-duty towing services within the Township. Any interested towing service may complete an application for review and approval by the Township. Upon meeting all of the terms, conditions and qualifications for becoming a Township towing provider, the Township shall include the towing service on the list of qualified towing providers. A separate list shall be maintained for light-duty towing and medium- /heavy-duty towing.
B. 
The Township shall provide the towing service provider list ("towing list") to York County 911 Communications Center for use in dispatching towing service providers within the Township. Towing service providers shall be dispatched on a rotating basis in the order towing service providers are set forth on the towing list. If a towing service provider is unavailable, fails to respond to a call for towing service or is unable to provide towing services in a reasonable time, the Township and York County shall dispatch the towing service provider next on the towing list. Once a towing service provider has been called for service (whether actually used or passed), it shall not be eligible for a call for service until all other towing service providers have been given an opportunity for a call in the order set forth on the towing list.
C. 
Towing providers shall meet the following criteria in order to be placed and remain on the towing list:
(1) 
The towing provider must be a licensed salvor, as defined in Section 102 of the Pennsylvania Motor Vehicle Code[1] (hereafter "Vehicle Code").
[1]
Editor's Note: See 75 Pa.C.S.A. § 102.
(2) 
The towing provider must procure and maintain the bonds and insurance required by § 300-46.
(3) 
The towing provider must procure the necessary licenses and permits from the Township to carry on business inside the Township and, if the contractor's principal place of business is outside the Township, the towing provider must also procure the necessary licenses and permits from the municipality where it is located.
(4) 
The towing provider must own, operate or occupy a fully secure location or facility capable of being locked which prevents general access to vehicle(s) therein by means of a barrier at least six feet high.
(5) 
All property owned, operated or occupied by the towing provider must have been and shall remain in compliance with all state and Township laws, ordinances and regulations.
(6) 
The towing provider must demonstrate a past practice of and continued compliance with applicable laws and regulations, including but not limited to the Vehicle Code and Crimes Code of the Commonwealth of Pennsylvania.
(7) 
The towing provider shall not engage in any deceptive, fraudulent or illegal business practices.
(8) 
The towing provider shall identify and utilize storage facilities, both long-term and short-term (less than 30 days), that are within five miles of any Township border.
(9) 
The towing provider shall maintain a vehicle dispatch and night office that is within five miles of any Township border.
(10) 
The towing provider shall provide a twenty-four-hour towing service while maintaining secure storage facilities that enable persons the greatest possible opportunities to retrieve their vehicles outside the normal working hours of 8:30 a.m. to 5:00 p.m., Monday through Friday.
(11) 
The towing provider shall be able to perform the work without subcontracting any part thereof.
(12) 
The towing provider shall have objectively demonstrable towing experience in terms of both quantity and quality of service.
(13) 
The towing provider shall provide as part of the application the criminal history, if any, of both the towing provider and its employees.
(14) 
The towing provider, depending on the towing list applying for, shall demonstrate the ability to provide heavy- and medium- and/or light-duty service, each of which is defined as follows:
(a) 
Heavy-duty. Possessing the equipment required to perform towing of vehicles weighing in excess of 17,000 pounds, including, but not limited to, towing heavy-duty wreckers. Each wrecker must have a GVWR of not less than 50,000 pounds and be equipped with a twenty-five-ton winching capability. One wrecker must be equipped with at least a 2,500 pound under-wheel lift.
(b) 
Medium-duty. Possessing the equipment required to perform emergency towing of multiple vehicles weighing 7,000 pounds, respectively, or less, or vehicles weighing between 7,001 and 17,000 pounds. The equipment shall have a GVWR of not less than 22,000 pounds.
(c) 
Light-duty. Possessing the equipment required to perform towing of vehicles weighing 7,000 pounds or less, including, but not limited to, one conventional wrecker with a GVWR of at least 10,000 pounds and one rollback wrecker with a GVWR of at least 11,000 pounds. The conventional wrecker must be equipped with twin, four-ton winches, or greater, and a 6,000 pound, or greater, under-wheel lift. The rollback must be equipped with an 8,000 pound or greater winch.
D. 
The Township may remove any towing provider from the towing list for any of the following reasons:
(1) 
Failure of the towing provider to maintain a salvor's license.
(2) 
Failure of the towing provider to maintain the required bonds and insurance.
(3) 
Failure of the towing provider to maintain any required licenses and permits.
(4) 
A guilty determination or guilty plea entered by or in any court of competent jurisdiction against the towing provider or any of its employees relating to violations of the Vehicle Code or Crimes Code.
(5) 
Failure of the towing provider on more than one occasion in any six-month period to respond promptly to Township or York County 911 calls for service. Recognizing the importance of keeping the streets safe and passable, promptness will be defined with reference to the response time of other towing providers and/or the same towing provider on previous occasions, in the discretion of the Board of Commissioners and/or Chief of Police.
(6) 
Failure of the towing provider to adequately clean the street at an accident site after removing a vehicle; provided, however, that the contractor shall not be required to remove hazardous or dangerous materials.
(7) 
Failure of the towing provider to meet any and all terms, conditions or requirements of this article or those mutually agreed upon with the Township, including, but not limited to, events of default as those may from time to time be mutually defined and agreed upon between the Township and the towing provider.
(8) 
Any property owned, occupied or controlled by the towing provider not being in compliance with any law, ordinance or regulation of the Township.
(9) 
Engaging in deceptive, fraudulent or illegal business practices.
(10) 
Failure of the towing provider to comply with the Towing and Towing Storage Facility Standards Act.[2]
[2]
Editor's Note: See 73 P.S. § 1971.1 et seq.
A. 
Upon the written request of the Township, the contractor may take possession and tow to its storage facilities any motor vehicle found abandoned within the meaning of Section 102 of the Vehicle Code.[1] The written request of the Police Department shall contain a statement whether such motor vehicle is valuable only as junk.
[1]
Editor's Note: See 73 P.S. § 1971.1 et seq.
B. 
The Police may remove or cause to be removed, and subsequently cause to be impounded, any motor vehicle parked on any street, highway, alley and rights-of-way, public property or private property in violation of any Township ordinance or the Vehicle Code.
C. 
The Police may remove or cause to be removed through a towing provider, and subsequently cause to be impounded, any motor vehicle which is:
(1) 
Obstructing traffic;
(2) 
Parked on private property without the permission of the owner thereof, except commercial property which must be posted;
(3) 
Reported stolen;
(4) 
Parked in such a manner as to impede the use of fire-fighting equipment, snow removal equipment or other emergency equipment;
(5) 
Parked in violation of any Township ordinance; and
(6) 
Parked in violation of any provision of the Vehicle Code.
D. 
The Police may request that any vehicle identified above be towed to a secure Township location.
In the case of motor vehicles abandoned upon private property and motor vehicles whose title certificates are faulty, lost or destroyed, the person, firm, corporation or unit of government upon whose property or in whose possession the abandoned motor vehicle was found or the owner of such vehicle with faulty title or certificate may apply to the Police Department for authority to transfer the motor vehicle to a towing provider. The application to tow shall set forth the name and address of the applicant, the year, make, model, manufacturer's serial number and registration number of the motor vehicle, if ascertainable, together with any other identifying features and shall contain a concise statement of the facts surrounding the abandonment or that the title of the motor vehicle is lost or destroyed, or the reasons for the defect in title in the owner. The applicant shall execute an affidavit stating the facts alleged therein are true and correct and that no material facts have been withheld.
All motor vehicles which are removed and impounded in accordance with the provisions of § 300-40 shall be stored only in approved storage facilities as identified and approved by the Township as part of the application for towing services.
The owner or other person in charge or possession of any property on which a vehicle is parked or left unattended in violation of the Vehicle Code may contact the Township and request to have said vehicle removed at the cost and expense of the owner of the vehicle.
No vehicle shall be removed under the authority of this article if, at the time of such intended removal, the owner or person being in charge of such motor vehicle is present, expresses a willingness and intention to immediately remove such motor vehicle, is physically capable of immediately removing such vehicle, and pays the applicable charge as authorized by § 300-47.
A. 
Within 24 hours* from the time of removal of a motor vehicle in accordance with the provisions of this article, except in the case of an abandoned motor vehicle, notice of the fact that such motor vehicle has been removed and/or impounded shall be sent by the Police Department to the owner of record of such motor vehicle, designating the place from which said vehicle was removed, the reason for its removal and/or impounding, and the name and address of the garage in which it has been impounded or the location of the place to which it has been removed. (*Except after hours, weekends, and holidays when notice shall be sent as soon as possible.)
B. 
Notice of the fact that a motor vehicle has been impounded as an abandoned vehicle shall be in accordance with the provisions of the Vehicle Code.
A. 
Before a towing provider shall be eligible to receive any motor vehicles deemed to be abandoned, he must furnish a bond as required by Section 7302 of the Vehicle Code.[1] All bonds required to be procured pursuant to the provisions of this article shall be submitted to the Solicitor of the Township for approval.
[1]
Editor's Note: See 75 Pa.C.S.A. § 7302.
B. 
Each towing provider shall procure and maintain the following types and amounts of insurance in accordance with the provisions of this article. Such types and amounts of insurance may subsequently be changed by resolution of the Board of Commissioners, at its discretion.
(1) 
Public liability:
(a) 
Per person: $1,000,000.
(b) 
Per accident: $2,000,000.
(c) 
Property damage: $1,000,000.
(2) 
Fire, explosion and extended coverage in the amount of $1,000,000.
(3) 
Garage keeper's (direct liability) insurance in the amount of $150,000 per occurrence.
C. 
Any public liability policy shall name Spring Garden Township as an additional insured. Fire, explosion and extended coverage policies shall name the Township as an additional insured for motor vehicles in the towing provider's custody. All policies shall carry an endorsement stating that no policy may be cancelled without 10 days' prior written notice to the Township.
A. 
Any party having the right to reclaim any vehicle from the Township or any towing provider shall first pay the amounts as specified by resolution of the Board of Commissioners.
B. 
Towing providers shall only charge those towing, storage and other related fees established by the Township for any towing services provided in accordance with this article.
A. 
In the event that unauthorized fees for towing, storage or other related services are charged by a towing provider, the owner of the vehicle shall have the right to bring a civil action against the towing provider before a Magisterial District Judge or a court of record having jurisdiction over such matter.
B. 
If, following the hearing held pursuant to such civil action described in Subsection A hereof, a Magisterial District Judge determines that a payment made was unauthorized or in excess of the prescribed legal amount, the complainant shall be awarded monetary damages triple the amount of the original payment.
C. 
The complainant shall have no cause of action against the Township, Board of Commissioners, its officers, employees, agents, partners, heirs, successors and assigns.
Where a motor vehicle is removed pursuant to the provisions of § 300-40 and charges for towing and/or storage of the motor vehicle accrue and are unpaid, a lien on the motor vehicle is hereby given to the towing provider for the amount of any charges which accrue in accordance with the provisions of this article. The towing provider may retain possession of the motor vehicle until the charges are fully paid and may enforce any such lien by selling the motor vehicle in accordance with the procedure set forth for the enforcement of a warehouseman's lien in Section 7-210 of the Uniform Commercial Code, Act of Nov. 1, 1979, P.L. 255, 13 Pa.CS.A. § 7210, as amended. In any event, the owner of the motor vehicle shall be personally liable for the payment of any charges.
Any party having the right to reclaim a vehicle may pay in cash, personal check drawn on a local bank or, where appropriate, by credit card; provided, however, that any party tendering a check which is subsequently returned for insufficient funds or because of a stop-payment order shall be liable to the towing provider for an amount equal to three times the original amount charged, except that a party shall have four business days from the date of the check to cure a check returned for insufficient funds or before an amount equal to three times the original amount is charged.
The payment of any towing and storage charges authorized by this article shall, unless such payment shall have been made under protest, be final and conclusive and shall constitute a waiver of any right to recover the money so paid.
In the event that the towing and storage charges are paid under protest, the offender shall be entitled to a hearing before a Magisterial District Judge or a court of record having jurisdiction, in which case said offender shall be proceeded against and 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.
The Police Department shall keep a record of all vehicles impounded and shall be able at all reasonable times to furnish the owners or agents of the owners thereof or lienholders thereon with information as to the place of storage of such vehicles.
In addition to any other remedy provided herein, including but not limited to the removal from the Township list, any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs and, in default of payment, to undergo imprisonment for a term not to exceed 30 days. All prosecutions shall be brought before the Magisterial District Judge having jurisdiction of summary violations that occur in Spring Garden Township.