[Adopted 6-16-2022 by Ord. No. 1046]
The following words and phrases shall have the meanings respectively
ascribed to them in this section for purposes of this article.
The Borough of Narberth, Montgomery County, Pennsylvania
The Manager of the Borough of Narberth or the Manager's designee
to fulfill the purposes of this article.
A motor vehicle meeting one of more of the following conditions:
A vehicle which is unable to operate or move under its own power
for any reason.
A vehicle that is significantly wrecked, contains sharp or protruding
metal or missing glass, or otherwise poses a physical or environmental
hazard to its surroundings.
A vehicle suspended from a lift, supported by jacks, or propped
up by another object which is not part of the said disabled vehicle.
A vehicle which has flat or missing tires for a period of more
than 72 consecutive hours.
A vehicle that is not current on its registration or does not
bear a current inspection sticker.
A vehicle without title or an ascertainable vehicle identification
number.
A person engaged in the business or performing the services
of operating a vehicle wrecker, tow truck, car carrier or other vehicle
whereby illegally parked, disabled motor vehicles, and/or abandoned
vehicles are towed or otherwise removed from the place where they
are parked, disabled, or abandoned, which "duty tower" shall have
been appointed by Narberth Borough Council for the aforesaid services.
One which is caused by accident, casualty or other unexpected
circumstances which renders a motor vehicle inoperative or immobile,
provided that no such emergency situation shall be deemed to exist
for a period of more than 12 consecutive hours after said accident,
casualty or other unexpected circumstances.
A flatbed vehicle equipped with a roll body and which is
designed for and capable of lifting and transporting passenger and
commercial vehicles.
A vehicle with a minimum twenty-five-ton capacity, designed
for and capable of lifting and transporting passenger and commercial
vehicles.
A vehicle leased for a fixed period of greater than 18 months
and for a fixed flat rate to a duty tow contractor. The lessor must
be a business, company or corporation whose usual and customary business
is that of leasing motor vehicles.
A vehicle designed for and capable of lifting and transporting
passenger vehicles or motorcycles, including wheel lift or sling/recover
wreckers.[1]
[1]
Editor's Note: The former definition of "vehicle or motor
vehicle," which immediately followed, was repealed 12-21-2023 by Ord. No.
1062.
Disabled motor vehicles and illegally parked and unattended
motor vehicles are hereby declared a public nuisance, per se, and
may be towed and impounded pursuant to the following provisions:
A.
Any motor vehicle illegally parked and left unattended, or a disabled
motor vehicle, may be immediately towed and impounded without prior
notice if:
(1)
The motor vehicle blocks a public or private driveway without the
consent of the owner or person in control of the property.
(2)
The motor vehicle obstructs the movement of an emergency vehicle.
(3)
The motor vehicle obstructs or interferes with the use of a fire
hydrant.
(4)
The motor vehicle obstructs or disrupts Borough operations including,
but not limited to, snow plowing operations.
(5)
The motor vehicle is parked in violation of a posted parking regulation,
where a temporary or permanent traffic sign indicates "Tow Away Zone"
or words to that effect.
(6)
The motor vehicle is parked or disabled on a street or alley in a
manner that significantly obstructs pedestrian or vehicular traffic.
(7)
The motor vehicle was involved in a collision or similar accident
upon the streets or public highways of the Borough to the extent that
the motor vehicle is unable to safely operate or move under its own
power or poses a physical or environmental hazard to its surroundings.
(8)
The motor vehicle is parked in violation of any other provision of
this chapter of the Narberth Borough Code that authorizes immediate
towing without prior notice.
B.
Any motor vehicle illegally parked on public property owned or controlled
by the Borough and left unattended may be towed and impounded if not
removed within 24 hours.
C.
Any disabled motor vehicle or a motor vehicle parked illegally and unattended in a manner not otherwise set forth above under Subsection A, or parked and unattended without an applicable, valid parking permit, on or along any street or highway of the Borough or on property other than that of the owner without such owner's permission or the permission of the person in control of the property for a period of seven days or more. Unless parked in a manner violating Subsection A, motor vehicles or accompanying equipment used or to be used in the construction, operation, or maintenance of public utility facilities shall not be considered to be parked illegally.
D.
Pursuant to the provisions of this chapter, the Borough of Narberth
Police Department is hereby authorized to remove and impound, or to
order the removal and impounding of, any motor vehicle parked on any
of the streets, highways, or public property in the Borough parked
in violation of this chapter.
A.
License required. No person shall be called by the Borough or the
Narberth Police Department as a tower for the purpose of removal of
motor vehicles pursuant to this chapter unless that person is granted
a duty tow license by the Narberth Borough Council.
B.
License application.
(1)
Applications for a duty tow license shall be made to the Borough
Manager upon a form available from the Borough office, which form
shall require the following information:
(a)
The name, address and telephone number of the business for which
the license is sought.
(b)
The name, home and business addresses and telephone number of
all the owner(s) or, in the case of a corporation, stockholder(s)
of the business for which the license is sought, together with a designation
of the business organization (i.e., sole proprietorship, partnership,
corporation, etc.).
(c)
A list of tow trucks, vehicle wreckers, car carriers or other
vehicles available for service to the Borough. A description of each
vehicle (make, model, type, year and vehicle identification number),
copies of current registrations and insurance cards, the name and
address of the owner/lessee of each vehicle or piece of equipment
and the location where regularly parked or stored shall be included.
(d)
A certificate of insurance providing a minimum of $500,000 vehicle
liability and garage liability or other proof acceptable to the Borough
that the applicant has obtained the liability insurance required for
the issuance of a duty tow license.
(2)
Applications shall be completed and signed by the owner(s) of the
business for which a duty tow license is sought, or, in the case of
a corporation, the president of the corporation.
(3)
Applicants must execute an agreement to indemnify the Borough for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
(4)
Applications for duty tow licenses must be accompanied by any application
fee established by the Borough to offset the cost of investigation
and processing of licenses.
(5)
The applications shall be reviewed by the Borough Manager within
20 days of receipt of the completed application and application fee.
Incomplete applications shall be promptly returned to the applicant.
(6)
Applicants for duty tow licenses must have a minimum five years'
experience as a tower.
(7)
Vehicles required.
(a)
The following vehicles shall be owned or leased exclusively
by the applicant and shall be available on call for service at the
request of the Borough or the Borough police department: three combination
flatbed or wheel-lift trucks.
(b)
All of the aforesaid required vehicles shall bear a sign indicating
the name and telephone number of the applicant's towing business and
must be made available for inspection by the Borough.
(c)
Applicants must show proof that access to heavy-duty equipment,
including a heavy-duty wrecker, is available to the applicant on a
twenty-four-hour basis. The duty tower will make all necessary arrangements
for all heavy-duty towing requests and the appropriate fee.
(8)
Borough Council shall appoint duty towers each year to serve for
a period of two years from the date of issuance with an additional
year upon approval of Borough Council. Secondary towers shall be placed
on standby to substitute services for a primary tower who is unable,
for any reason, to fulfill duty tow services. The primary towers shall
have on-call status as determined by the Borough Manager.
(9)
The applicant shall have a clean business record that would withstand
a police background investigation. The contractor and its shareholders,
officers and directors shall not have been convicted of fraud, theft,
receiving stolen property and/or other dishonest business practices.
C.
Specific duties of duty tow licensees shall be as follows:
(1)
All licensees shall keep and maintain all of the vehicles listed
on its application in a safe and operable condition which shall pass
the Motor Vehicle Inspection Standards of the Commonwealth of Pennsylvania,
and shall have said vehicles immediately available to answer calls
for service by the Narberth Police Department during the duty tow
shift assigned to the license.
(2)
All licensees shall respond within 15 minutes from their receipt
of the Narberth Police Department's call requesting service to the
arrival of the licensee's towing vehicle at the location of the illegally
parked, disabled or abandoned vehicle, except during adverse roadway
conditions.
(3)
If any licensee cannot respond to the service call from the Borough
or the Narberth Police Department with the appropriate towing vehicle
or within the required response time, the licensee shall so advise
the police dispatcher. If a licensee's vehicle is delayed while in
transit to the requested location, the vehicle operator shall advise
the police dispatcher of the delay and of his present location, whereupon
a determination shall be made by the appropriate police official as
to whether the secondary duty tower shall be called.
(4)
Any licensee who performs duty towing services as an independent
contractor to the Borough of Narberth shall not exceed the maximum
rates established in this chapter.
(5)
All licensees shall be responsible for removing vehicular parts and
debris from the highway. No liquid cleanup is required of the licensee
with the exception of oil dry when needed.
(6)
All licensees shall comply with all rules and regulations established
by the Borough of Narberth.
(7)
Duty tow licensees must secure a towed vehicle in a designated impound
yard with windows closed and doors locked whenever possible. The vehicle's
key must be deposited with a copy of the invoice for services in the
impound yard office.
(8)
An invoice for each tow service must be completed by the licensee,
which invoice shall include the following information:
(a)
The incident number.
(b)
The date and location.
(c)
Whether a police release is required.
(d)
The make, model, vehicle identification number and license plate
number.
(e)
Indication of status (i.e., wrecked, stolen, disabled or impounded).
(f)
A tag supplied by the Borough shall be completed and affixed
to any towed vehicle. The bottom portion shall be given to the police
officer requesting the tow.
(g)
Towed vehicles requiring police investigation may be towed to
specific locations by direction of police officials. Upon completion
of investigative matters, towed vehicles will be returned to the impound
yard, without additional charges to the Borough, for release after
the vehicle owner has paid the appropriate charges.
A.
License application.
(1)
Applications for impound yard operators shall be made to the Borough
Manager upon a form available from the Borough office, which form
shall require the following information:
(a)
The name, address and telephone number of the business for which
an impound yard license is sought.
(b)
The name, home and business addresses and telephone number of
all the owner(s) or, in the case of a corporation, stockholder(s)
of the business for which the towing license is sought, together with
a description of the type of business organization (i.e., sole proprietorship,
partnership, corporation, etc.).
(c)
The address and description of the premises upon which any illegally
parked, disabled motor vehicle, or abandoned vehicle will be towed
to and/or stored, including the size of the area on the premises available
for storage of vehicles, the approximate number of vehicles which
may be stored in the area, whether the area is fenced, height of fencing
and a description of security precautions or protection methods for
vehicles stored in said area.
(d)
A certificate of insurance or other proof acceptable to the
Borough that the applicant has obtained $300,000 of garage keeper's
liability and garage liability insurance required for the issuance
of an impound yard operator's license.
(2)
Application for an impound yard operator's license shall be completed
and signed by the owner(s) of the business for which the license is
sought, or, in the case of a corporation, the president of the corporation.
(3)
Applicants must execute an agreement to indemnify the Borough for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
(4)
Applications must be accompanied by any application fee established
by the Borough to offset the cost of investigation and processing
of licenses.
(5)
The application shall be reviewed by the Borough Manager within 20
days of the receipt of the application and fee. Incomplete applications
shall be promptly returned to the applicant.
(6)
Impound yard licenses shall be issued for a period of two years upon
the approval of Borough Council, with an extension on the license
for an additional year upon approval of Borough Council.
(7)
A fenced-in storage yard or other secure facility containing not
less than 7,500 square feet shall be located on the premises from
which the applicant's business is conducted, and such yard or storage
area shall be authorized by the appropriate zoning, use and occupancy
and other municipal permits. Said storage yard shall be well lit at
night, segregated from employee or customer parking and screened from
adjacent residential uses by a planted buffer screen. Applicants shall
permit the inspection of the storage yard by the Borough.
(8)
After appointment by Borough Council, appointees shall pay a license
fee as fixed by resolution of Borough Council, as may be amended thereafter.
The impound yard license shall be effective for a two-year period
from the date of its issuance. Appointed yards shall serve as the
Borough impound yards according to a schedule established by the Borough.
(9)
The applicant shall have a clean business record that would withstand
a police background investigation - the contractor and its shareholders,
officers and directors shall not have been convicted of fraud, theft,
receiving stolen property and/or other dishonest business practices.
B.
Specific duties of impound yard operators shall include the following:
(1)
Impound yard operators shall obtain and keep current a certificate
of salvage for all abandoned vehicles and the proper disposal of the
vehicles, and a current, valid salvor's license and salvor's bond
as required by the State Department of Motor Vehicles.
(2)
Impound yard operators must notify the Narberth Police Department
if its secured storage yard is full so that vehicles may be directed
to an alternate facility.
(3)
Impound yard operators shall comply with all rules and regulations
established by the Borough Manager for such facilities.
(4)
Impound yard operators shall not exceed maximum storage fees as provided
by this chapter.
(5)
Impound yard operators shall permit the owners of vehicles towed
to have access to their vehicles while in storage in order to inspect
the vehicle or remove any personal property from the vehicle which
is not physically attached to the vehicle.
(6)
Impound yard operators shall maintain a log of all vehicles stored
at the property, listing the date of arrival, make, model, year, vehicle
identification number and plate number.
(7)
Impound yard operators shall permit access to the storage facility
and operators records to Borough police and licensed duty towers.
(8)
Within five business days of the disposal of a towed vehicle, impound
yard operators shall return to the police department the Borough supplied
tag with the disposition of the vehicle noted on the reverse of the
tag.
(9)
Impound yard operators shall have a tow truck registered or leased
in their business name. If the operator is requested by the Narberth
Police Department to remove an illegally parked or disabled motor
vehicle, such removal and disposal of such vehicle must be in accordance
with all state regulations.
A.
Towing and storage fees. The charges for the removal and towing of
motor vehicles pursuant to this article shall not exceed $150 for
each vehicle up to 7,000 pounds between the hours of 6:00 a.m. to
6:00 p.m.; during the hours from 6:00 p.m. to 6:00 a.m. the fee shall
increase to $175. For light-duty trucks, 7,001 to 17,000 pounds, shall
not exceed $175 from 6:00 a.m. to 6:00 p.m. The fee shall increase
during the hours from 6:00 p.m. to 6:00 a.m. to $200, and charges
for heavy-truck towing over 17,000 pounds are based on size, weight
and distance. The charges for the storage and impounding of such motor
vehicles shall not exceed $65 for every twenty-four-hour period or
fraction thereof. The standard cleanup fee is $25; if excessive cleanup
is needed, a flat fee of $45 will be charged. If the vehicle sustains
damage to the windows, a flat fee of $6 for Collision Wrap® can be charged. Should a tow be requested to
the scene by the Borough or the Narberth Police Department and the
tow operator is released from the scene to return later, a flat fee
of $30 can be charged in addition to the standard tow fee of $150.
A $75 flat fee administration charge will be charged on all tows.
An interim stop at a police facility shall not justify an additional
tow charge. Such charges shall be paid by the owners of such motor
vehicles or by the person who is found to have caused the violation
of this chapter.
B.
Hooking fees. In all instances when a vehicle is hooked and the owner/operator
returns prior to the motor vehicle being removed, tow operators shall
charge no more than $75 as a hooking fee and shall release the vehicle.
C.
Police administration fee. Prior to release of the vehicle, the impound
yard shall collect an administrative fee of $25. This payment shall
be made to the Borough for each vehicle towed during the tower's duty
period. Records of such payment will be included in the monthly reports
provided to the police department.
Within 12 hours from the time of removal of any vehicle under
authority granted by this article, notice of the fact that such vehicle
has been impounded shall be sent by the Narberth Borough Police Department
to the owner of 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 in which it shall have been impounded.
A.
The payment of any towing and impounding 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.
B.
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 magisterial district justice or court of record having jurisdiction,
in which case such defendant shall be proceeded against and shall
receive such notice as is provided in the Vehicle Code in other cases
of summary offenses, and shall have the same rights as to appeal and
waiver of hearing.
A.
Any duty tower or impound yard operator who violates any provision
of the license requirements, or procures a license by providing a
false statement, omission of material fact or by fraudulent conduct,
shall be subject to license revocation. Such revocation shall continue,
without rebate of either the application fee or license fee, until
such time as the Borough Manager determines that the licensee is in
full compliance with the terms and conditions required herein.
B.
Any duty tow or impound yard license shall be revoked without reinstatement,
upon finding by the Borough Manager of any of any of the following
grounds:
(1)
The licensee no longer meets the standards for issuance of such license.
(2)
The licensee's application is found to be defective in any way or
contains misinformation or omissions of fact.
(3)
Failure of the licensee to comply with any of the terms of this chapter
when, in the sole discretion of the Borough Manager, such failure
is willful and intentional or when such failure or the reckless conduct
of the licensee or its operator jeopardizes the personal safety of
a police officer or any other individual.
The payment of towing and storage charges authorized by this
article shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty for violation of any
law or ordinance on account of which such vehicle was removed and
impounded.
A.
No vehicle shall be removed under the authority of this article if,
at the time of the intended removal thereof, the owner or person for
the time being in charge of such vehicle is present and expresses
a willingness and intention to remove such vehicle immediately.
B.
No towing service shall remove vehicles parked or left unattended
on private property, or blocking ingress or egress to private property,
without the consent of the property owner. In addition, the towing
service must be issued a license by the Borough authorizing them to
do so. The license shall be issued for a fee as established by Borough
resolution, shall be renewed annually, and shall be issued by the
Borough upon completion of an application form containing, as a minimum,
the following information:
(1)
The name and address of the towing service.
(2)
The name and business address of all persons or entities having an
ownership interest in the towing service.
(3)
The name and address of all persons from whose property the Borough
the towing service is authorized to remove vehicles.
(4)
The address of the storage yard where vehicles removed from private
property in the Borough will be towed.
(5)
The name of the bonding company and the name and address of the bonding
company agent through whom the bond required by this section has been
issued.
C.
The Borough Manager, the Chief of Police, or the police officer highest
in command, upon determining that any provision of this section has
been violated, and in addition to any other penalties provided herein,
may revoke a license issued hereunder together with the right to reapply
for a subsequent license, for a period of up to two years. Appeal
from such revocation shall be to the Borough Council.
D.
Authorized towing services shall:
(1)
Maintain a current bond with the Borough in the sum of $10,000 in
form and with corporate surety satisfactory to the Borough Solicitor,
conditioned upon the faithful performance and discharge by the towing
service of his duties as bailee of removed vehicles and to indemnify
the owners of vehicles against loss, injury or damage while in his
custody.
(2)
Towing services must provide certificates of insurance as follows:
in the minimal amount of $500,000 combined single limit for any vehicle,
hired vehicles, or nonowned vehicles; $100,000 for each personal injury;
and garage-keepers' liability in the amount of $50,000 per occurrence.
(3)
Comply with the provisions of the Pennsylvania Vehicle Code with
respect to the removal and storage of vehicles from private property
or the removal and impoundment of vehicles from public property.
(4)
Make payment of any final judgment for personal injuries or property
damage rendered with respect to the performance of services regulated
by this article.
(5)
Notify the Narberth Borough Police Department of the removal of a
vehicle from private property within two hours of such removal and
provide a description and license number of the vehicle thus removed.
(6)
Provide the Narberth Borough Police Department with a true and correct
copy of each and every contract between the applicant and another
with respect to the removal of vehicles from private property within
the Borough.
(7)
Display the name of the service or the person operating it, together
with a valid phone number therefor, by signs on both sides of the
tow truck.
(8)
Maintain, during off hours, either a telephone operator, answering
service, or voicemail system to provide owners or operators of towed
vehicles with necessary information as to the cost, the required method
of payment and the procedure for claiming the towed vehicle.
(9)
Charge for storage only at a single rate for each twenty-four-hour
period that the vehicle is in the pound-keeper's yard.
E.
Signs on private lots. No person shall remove or cause to be removed
a vehicle parked on a private lot without authorization unless signs
are posted as follows:
(1)
A sign, at least three feet by two feet in size, shall be placed
at every entrance to a private lot, clearly indicating that the parking
lot is private, that unauthorized vehicles will be towed at the owner's
expense, the name and phone number of the towing agency, the hours
of tow operation and the towing and storage fees. The posted towing
fee shall be an all-inclusive fee. No additional fees beyond the posted
towing and storage fees may be charged to the owner.
(2)
Within a lot containing less than 20 parking spaces, additional signs
at least 18 inches by 12 inches in size are to be posted approximately
eight feet above ground level, clearly indicating that all unauthorized
vehicles will be towed at the owner's expense. One sign shall be posted
for every four parking spaces and shall be readily visible to operators.
(3)
Within a lot containing more than 20 parking spaces, the property
owner shall prepare a site plan, subject to the approval of the Borough,
showing signage readily visible from all directions. Such signs, clearly
indicating that all unauthorized vehicles will be towed at the owner's
expense, shall thereafter be posted and maintained pursuant to the
approved site plan.
Each and every duty tower for the Borough shall enter into a
contract with the Borough, which provides for the towing of vehicles
owned by the Borough up to 17,000 pounds at no expense to the Borough.
Duty towers shall be responsible for Borough-related towing,
which includes, but shall not be limited to, towing relating to a
Borough construction project, Borough special event, special police
investigation that may yield nonpayment by the vehicle owner.
