[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 5-24-2023 by Ord. No. 2023-5. Amendments noted where applicable.]
The purpose and intent of this chapter is to regulate towing
rates and towing services as permitted by 75 Pa. C.S.A. § 3353;
to provide for proper licensing of towing services and notice to the
Jenkintown Borough Police where vehicles are towed from public or
private property without the consent of the owner or operator of the
vehicle by a towing service operating on behalf of a private property
owner or on behalf of the Borough, and to avoid erroneous reports
of stolen vehicles being submitted to the Jenkintown Borough Police
Department.
For the purposes of this chapter, the following terms, phrases,
words and their derivations shall have the meanings given herein.
When not inconsistent with the context, words used in the present
tense include the future, words in the plural number include the singular
number, and the words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
The Borough of Jenkintown, Montgomery County, Pennsylvania.
Any motor vehicle having a gross vehicle weight rating of
26,001 or more pounds or is otherwise defined as a "commercial motor
vehicle" pursuant to 75 Pa.C.S.A. § 1603 or its successors.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of 26,001 or more pounds.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of no more than 10,000 pounds.
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of no less than 10,001 pounds
but no more than 26,000 pounds.
Any motor vehicle not defined as a "commercial vehicle" by
this section.
Those towers licensed under this chapter who alone will be
called to accidents occurring in Jenkintown Borough by the Jenkintown
Borough Police Department and shall be available for any towing required
by Jenkintown Borough itself, except as specifically provided in this
chapter to the contrary.
Any individual, firm, partnership, association, corporation,
company or organization of any kind within Jenkintown Borough.
Includes "light tow truck," "medium tow truck," and "heavy
tow truck" as defined herein.
A person or any other legal entity engaged in the business
of offering the services of a vehicle tower or towing service, whereby
disabled motor vehicles are towed or otherwise removed from the place
where they are disabled or are abandoned due to the arrest of the
operator by use of a tow truck so designed for that purpose or by
a truck, automobile or other vehicle so adapted to that purpose.
Notwithstanding the provisions of this chapter, towing companies
will be generally exempt from compliance with this chapter while they
are engaged in repossession of vehicles on behalf of holders of liens
on vehicles, provided that:
A.
At least one hour prior to beginning the repossession of a vehicle,
the towing company must notify the Jenkintown Borough Police Department
of its intention to repossess the vehicle; and give the Jenkintown
Borough Police Department the name of the vehicle owner and the address
at which the vehicle repossession is going to take place. Furthermore,
the towing company shall present to the Police Department proof of
its right to repossess the vehicle; and
B.
When not engaged in repossession activity, towing companies must
comply with this chapter. The mere fact that a towing company performs
repossession services from time to time in the Township does not provide
the said towing company with a blanket exemption from this chapter.
The following regulations shall apply to the towing of any vehicle parked or left unattended on private property without the consent of the property owner aside from repossession activities as set forth in § 171-3 above, including but not limited to repossessors of vehicles on behalf of lienholders or lessors of vehicles.
A.
No towing service shall remove any vehicle that is parked or left
unattended on private property unless the private property owner,
lessee, or vehicle owner consents in writing to such removal. In addition,
any towing service shall first secure a license from the Borough of
Jenkintown prior to doing any towing from any public or private property
located in Jenkintown Borough. A license shall be issued for a fee
of $100 per calendar year and shall be issued by the Jenkintown Borough
Police Department upon completion of a department application containing,
at a minimum, the following information:
(1)
The name, address and telephone number of the towing service.
(2)
The name, business address and telephone number of all persons or
entities having an ownership interest in the towing service.
(3)
The name, address and telephone number of all persons from whose
property in Jenkintown Borough the towing service is authorized to
remove vehicles.
(4)
The name, address and telephone number of the storage yard where
vehicles are removed from private property in Jenkintown Borough will
be towed.
(5)
The name, address and telephone number of the bonding company and
the name, address and telephone number of the bonding company agent
through whom the bond required by this section has been issued.
(6)
Any changes in any of the information required shall be reported,
in writing, to the Jenkintown Borough Police Department within 24
hours of such change.
B.
Authorized towing services shall:
(1)
Maintain a current bond with the Borough in the sum of $10,000 inform
and with surety satisfactory to the Borough's Solicitor, conditioned
upon the faithful performance discharged by the towing service of
its duties as bailees of removed vehicles, and to indemnify the owners
of vehicles against loss, injury or damage while in his custody.
(2)
Provide certificates of insurance as follows: in the minimum amount
of $500,000 combined single limit for scheduled autos, hired autos,
non-owned autos; $100,000 for each personal injury; and $50,000 per
occurrence for garage keeper's liability.
(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 chapter.
(5)
Notify the Jenkintown Borough Police Department by telephone, in
person or by facsimile transmission of the removal of a vehicle from
public or private property within 60 minutes of such removal and provide
a description and license number of the vehicle thus removed.
(6)
Notify the record owner of the vehicle by telephone, in person, or
by facsimile transmission of the removal of a vehicle from public
or private property within 12 hours of such removal.
C.
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, is 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, which shall not
exceed the fines listed in this chapter.
(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 be readily visible from
the parking spaces.
(3)
Within a lot containing more than 20 parking spaces, the property
owner shall prepare a site plan, subject to the approval of the Chief
of Police or his or her designee, 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. In the
event that the Pennsylvania Motor Vehicle Code, and its accompanying
regulations, provides for a higher standard with regard to signs and
posting of signs, said standards shall be followed.
(4)
There shall be no additional fees other than the fees posted on the
signs.
(5)
Signs must be reflective to increase visibility during hours of darkness.
A.
The Chief of Police, or designee, is hereby authorized to remove
and impound, or to order the removal and impounding, of any vehicle
parked on any of the streets, highways or public property in Jenkintown
Borough in violation of any provision of the law or of any ordinance
of the Borough, provided that the removal and/or impoundment of such
vehicles strictly adheres to the provisions of this chapter.
B.
The Borough Council shall appoint two towing companies each year
to serve for a period of 12 months. The appointed towing companies
will alternate after every call for service. No person shall be eligible
to be named as a primary or alternate primary tower by the Borough
Council unless he/she first acquires a valid towing license from the
Borough of Jenkintown.
C.
Towers requesting to be appointed as the primary or alternate primary
tower shall submit an application to the Borough of Jenkintown.
D.
Primary and alternate primary towers shall be selected from applicants
based upon a criteria consisting of, but not limited to, applicant's
quality of service, the location and security features of applicant's
facility, their compliance with codes, their standing with the Borough,
their number of vehicles available, their compliance with the provisions
of this Code and their payment of a fee established by the Borough.
E.
Minimum standards. Primary and alternate primary towers shall be
solely responsible to ensure that:
(1)
No vehicle shall be licensed unless the vehicle to be licensed is
properly registered and inspected as required by the Motor Vehicle
Law of the Commonwealth of Pennsylvania. Each tow truck shall meet
all of the requirements of the Motor Vehicle Law for such vehicles.
(2)
On each side of every tow truck for which a license has been granted,
there shall be, legibly inscribed in letters not less than three inches
high, the name and address of the owner and licensee of such tow truck
and the license number for each license posted on the cab.
(3)
Each tow truck shall be equipped with an amber rotating light mounted
at the top of the cab of such vehicle and shall be of a type that
contains at least two sealed beam bulbs and visible 360° for a
distance of not less than 500 feet under normal atmospheric conditions,
or equal lighting equipment.
(4)
Each tow truck shall be equipped with two flashing red lights (four-way
flashers) so mounted as to show the width of the vehicle from the
rear; said lights shall be visible for a distance of not less than
500 feet under normal atmospheric conditions.
(5)
Each tow truck shall be equipped with not less than 12 thirty-minute-burning-type
flares and three reflecting-type flares.
(6)
Each tow truck shall be equipped with a fire extinguisher, the minimum
rating of which shall be at least 10 pounds ABC.
(7)
Each tow truck shall be equipped with hoisting equipment of sufficient
capacity to perform the service intended. The hoisting equipment of
each tow truck shall be securely mounted to the frame of such vehicle.
The winch of such hoisting equipment shall contain not less than 100
feet of steel strand cable; said cable shall be one continuous length
and shall be free from breaks, splits or knots.
(8)
Each tow truck shall be equipped with a broom, shovel, crowbar and
oil dry.
(9)
Each operator of any tow truck shall have a valid commercial driver's
license related to tow truck operators issued by the Pennsylvania
Department of Motor Vehicles.
(10)
Each licensed person under this chapter shall provide a certificate
or other written document acceptable to the Borough that the insurances
required under this chapter remains in full force and effect.
(11)
The primary and alternate primary tower is capable of accommodating
heavy duty and regular towing.
(12)
Both the primary and/or alternate primary tower are expected
to respond within 15 minutes from their receipt of the Police Department's
call requesting service to the location of the wrecked or abandoned
vehicle, except during adverse roadway conditions.
(13)
If the primary or alternate primary tower cannot respond to
the service call from the Police Department with the appropriate towing
vehicle or within the required response time, the tower should so
advise the police dispatcher. If the tower 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 an
alternate tower shall be called.
(14)
Any primary or alternate primary tower performing police towing
service, as an independent contractor to the Borough of Jenkintown,
shall not exceed the maximum rates established in this chapter.
(15)
All primary and alternate primary towers shall comply with the
rules and regulations established by the Jenkintown Police Department.
(16)
Primary and alternate primary towers must immediately transport
towed vehicles to a secured yard with the vehicle's windows closed
and all doors locked. The vehicle's keys shall be deposited with
a copy of the service invoice in the impound yard office.
(17)
An invoice for each tow service shall be completed by the primary
and/or alternate primary tower and shall include the following information:
(18)
If the cause of the vehicle disability was due to an accident,
the primary and/or alternate primary towers must completely clean
and sweep all debris from the accident scene prior to leaving same.
There shall be no additional charge for clean-up of the accident scene.
F.
Application for primary or alternate primary tower. For consideration
as the designated primary or alternate primary tower, a tower must
submit an application to the Borough Manager on or before November
30 prior to the next calendar year. The application shall include
the following information for each license:
(1)
The name and business address of the applicant and, if a natural
person, his age and residential address.
(2)
The registration number of each tow truck to be operated.
(3)
The location, description and hourly availability of the tow trucks
operated by the applicant and the rates for services thereof.
(4)
Location of space for properly storing, accommodating and protecting
all disabled motor vehicles to be towed or otherwise removed from
the place where vehicles are disabled.
(6)
A list of heavy duty and standard tow trucks, as defined in this
chapter, in the applicant's vehicle fleet.
(7)
Such other information as the Borough Manager or Borough Police Chief
shall find reasonably necessary to effectuate the purpose of this
chapter and to arrive at a fair determination of whether the terms
of this chapter have been complied with.
(8)
A certificate of insurance shall be provided by each tower requiring
notice to the Borough not less than 30 days prior to the event of
cancellation or nonrenewal, which shall indicate the amount of liability
insurance and garage keeper's liability insurance for personal
injury and property damage on said service or tow truck and to cover
fire, theft and property damage on vehicles impounded or stored, respectively;
the name of the insurance company, which must be licensed to do business
in the Commonwealth of Pennsylvania; and the policy number. The limits
shall be not less than $100,000 for each person and $300,000 for each
occurrence and not less than $25,000 for property damage on each of
the property coverages and garage keeper's legal liability policy
to cover fire, theft and property damage that will cover any vehicle
towed, impounded or stored and will keep such policy in effect through
their license period, in insurance limits not less than as set forth
above.
G.
No license as primary or alternate primary tower shall be considered for issuance by the Borough unless the entire application, with all requirements set forth in § 171-5F, has been received by the Borough on or before November 30 of the calendar year prior to the license calendar year.
H.
Expiration. Every license to be primary or alternate primary issued
pursuant shall expire on the 31st day of December following the issuance
thereof, and no such license is transferable from one operator to
another, nor from one truck to another, without the prior written
consent of the Borough.
I.
No person shall operate for-hire a truck or other type of motor vehicle
designed and able to provide road service and to tow other motor vehicles
from public places, streets or highways within the Borough, unless
a license therefor shall first have been obtained from the Borough
as hereinafter provided. This provision shall not be deemed to require
licensing of tow truck operators who tow vehicles from private garages,
residences or other private places with the prior consent of the vehicle
owner or tow truck operator towing vehicles.
J.
Such license shall not be transferable. Any change in ownership of
a licensee shall operate as a termination of such license.
K.
Application for each such license related to standard tow truck towers
and heavy tow truck towers shall be mailed on a form provided by the
Borough and shall be accompanied by a fee schedule to be charged by
the licensee and an annual license fee of $100, or such fee as shall
be set from time to time by resolution of the Borough Council.
L.
Each license issued by the Borough under this chapter shall be for
one calendar year.
M.
The licensing of towers pursuant to this chapter shall create no
new or additional liability for the Borough. The duties performed
by the Borough pursuant to this chapter are general duties owed to
the public. No person is authorized to create a special duty to anyone
either by representation, act or omission. Towers pursuant to this
chapter shall indemnify the Borough to the fullest extent allowable
by law and shall, prior to commencing any towing activities, name
the Borough as an additional insured on the tower's insurance
policy as required hereunder and such coverages shall be primary,
not secondary.
A.
The provisions of this section shall apply to private towers and
towers acting at the request of the Jenkintown Police Department.
B.
Removal from scene of accident. It shall be unlawful for any person
to service or tow away any motor vehicle which has been involved in
an accident without the prior consent of the owner or operator and
the Borough police officer at the scene of the accident. No motor
vehicle shall be serviced at or removed from the scene of an accident
where the Borough police officer requires or requests that an examination
be made of the damaged vehicle to determine whether the vehicle was
defective or where the Borough police officer requires or requests
that photographs and/or diagrams of the scene be made.
C.
Failure to remove debris. When called to the scene of an accident,
either by the Jenkintown Borough Police Department or at the request
of the owner of the motor vehicle, the tower shall be responsible
for removing debris from the roadway, such as glass, metal fragments,
etc., leaving the roadway free from such debris. Failure to remove
debris shall be unlawful.
D.
Solicitation. It shall be unlawful for any person to drive along
any public street or highway within the Borough for the sole purpose
of soliciting towing and/or repair work. It shall be unlawful for
any person to solicit towing or repair work at the scene of any motor
vehicle accident on private property or on a public highway within
the Borough. The stopping of any tow truck within 500 feet of the
scene of any accident or disabled vehicle on any public street or
highway in the Borough without the prior authorization of the operator
of the vehicle, owner of the vehicle, a member of the Borough Police
Department or a member of the Pennsylvania State Police shall be presumptive
evidence of the intent of the operator of a tow truck to solicit towing
or repair work, except if the owner flags down a passing tow truck.
E.
Cruising. Cruising for the purpose of solicitation of towing or repair
work shall be unlawful. "Cruising" shall be defined as the driving
along the public highways or roadways solely for the purpose of soliciting
towing or repair work, and without having been first called or otherwise
requested to provide service.
F.
Destination of towed vehicle. The owner of the vehicle shall determine
the destination of the vehicle to be transported by the tower, within
a radius of not greater than 12 miles from the location of the subject
vehicle. Tower shall inform the vehicle's owner of additional
mileage fees.
G.
Fees. No person operating pursuant to this chapter shall charge fees
for any towing or storage services in excess of the fees established
in this chapter.
H.
Subcontracting. In an on-call event, in the event that tower called
for towing or service assistance is unable to comply with the request
for towing or service assistance, the tower shall not be permitted
to subcontract the work to another tower or to permit any unlicensed
tower or vehicle to complete the tow or service assistance. In such
an instance, if the tower that was originally called is unable to
complete the tow or the service assistance, the next tower on the
duty tow list shall be contacted to complete the tow or service assistance.
I.
Owners or operators of hooked vehicles and towing operators shall
not engage in disorderly conduct.
A.
The cost of towing passenger cars, and other noncommercial vehicles
weighing 10,000 pounds or less, hooked and removed from the premises,
shall not be in excess of $175 for each crane tow, wheel lift, flatbed
tow, or any other type of tow. In all instances when a passenger car,
or other noncommercial vehicle, is hooked and the owner/operator returns
prior to the vehicle being removed, tow operators shall charge no
more than a hooking fee of $50 and must release the vehicle to the
owner/operator immediately upon receipt of fee. A separate fee for
winching shall not be charged, except in extraordinary circumstances.
Additional fees at reasonably prevailing rates not to exceed $150
per hour, may be applied for the recovery of additional labor costs
associated with unusual circumstances including, but not limited to,
the removal of oil and vehicle fluids and specialty tow services for
overturned vehicles, seriously wrecked vehicles, vehicles in remote
or inaccessible areas, clean-up of an exceptional amount of debris,
destinations 10 miles or greater from the location of the subject
vehicle, or like situations.
B.
If the owner/operator is unable or unwilling to pay the hooking fee,
the tow operator has the option of towing the vehicle to an impound
facility or releasing the vehicle to the owner/operator and issuing
a written bill at the scene.
C.
Under no circumstances, and in no cases, shall an administrative
or other like fee be charged.
A.
The cost of towing passenger cars, and other noncommercial vehicles
weighing more than 10,000 pounds but less than 26,000 pounds, hooked
and removed from the premises, shall not be in excess of $175 for
each crane tow, wheel lift, flatbed tow, or any other type of tow.
In all instances when a passenger car, or other noncommercial vehicle,
is hooked and the owner/operator returns prior to the vehicle being
removed, tow operators shall charge no more than a hooking fee of
$50 and must release the vehicle to the owner/operator immediately
upon receipt of fee. Additional fees at reasonably prevailing rates,
not to exceed $150 per hour, may be applied for the recovery of additional
labor costs associated with unusual circumstances including, but not
limited to, the removal of oil and vehicle fluids and specialty tow
services for overturned vehicles, seriously wrecked vehicles, vehicles
in remote or inaccessible areas, clean-up of an exceptional amount
of debris, destinations 10 miles or greater from the location of the
subject vehicle, or like situations.
B.
If the owner/operator is unable or unwilling to pay the hooking fee,
the tow operator has the option of towing the vehicle to an impound
facility or releasing the vehicle to the owner/operator and issuing
a written bill at the scene.
C.
Under no circumstances, and in no cases, shall an administrative
or other like fee be charged.
A.
The cost of towing commercial vehicles shall not be in excess of
the sum of $225 per hour plus $5 per mile. In all instances when a
commercial vehicle is hooked and the owner/operator returns prior
to the vehicle being removed, tow operators shall release the vehicle
to the owner/operator immediately upon receipt of fee. A separate
fee for winching shall not be charged, except in extraordinary circumstances.
Additional fees at reasonably prevailing rates, not to exceed $150
per hour, may be applied for the recovery of additional labor costs
associated with unusual circumstances including, but not limited to,
the removal of oil and vehicle fluids and specialty tow services for
overturned vehicles, seriously wrecked vehicles, vehicles in remote
or inaccessible areas, clean-up of an exceptional amount of debris,
destinations 10 miles or greater from the location of the subject
vehicle, or like situations.
B.
If the owner/operator is unable or unwilling to pay the hooking fee,
the tow operator has the option of towing the vehicle to an impound
facility or releasing the vehicle to the owner/operator and issuing
a written bill at the scene.
C.
Under no circumstances, and in no cases, shall an administrative
or other like fee be charged.
A.
The cost of storage of passenger cars and all other vehicles, commercial
or noncommercial, shall not be in excess of $50 per day.
B.
There shall be no storage costs if the towed vehicle is retrieved
on the same business day between the hours of 8:00 a.m. and 5:00 p.m.
C.
Towing company must provide secure, well-lighted, and maintained
facilities which at all times promote the safety and protection of
towed and impounded vehicles and owners thereof who visit such facility.
D.
Between the hours of 8:00 a.m. and 11:00 p.m., seven days per week,
the towing company must have personnel available, at least once every
hour, to return the towed or impounded vehicle to its owner or to
allow the owner an opportunity to remove personal belongings such
as medicine, cell phones, laptop computers, purses, perishable goods,
etc., from the towed/impounded vehicle.
E.
The provisions of Subsections C and D of this section shall not apply with regard to any passenger cars or other vehicles, commercial or noncommercial, stored or impounded on a lot owned or maintained by the Borough or the Borough Police Department. The fee for passenger cars or other vehicles, commercial or noncommercial, stored or impounded on a lot maintained or owned by the Township or the Township Police Department shall be $50 per day.
F.
No storage fees may be imposed during the first twenty-four-hour
period a vehicle is stored at the facility if the facility is not
open.
The payment of towing and storage charges authorized by this
chapter shall not operate to relieve the owner or operator of any
vehicle from liability for any fine or penalty.
A.
Revocation. The Chief of Police, upon determining that any provisions
of this chapter have been violated, may, in addition to any other
penalties provided herein, 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 Public
Safety Committee of the Borough Council.
B.
Fines. Any person, firm or corporation violating any of the provisions
of this chapter shall, in addition to the other charges hereinbefore
provided for, upon conviction before any Magisterial District Justice,
be guilty of a summary offense and shall be required to pay a fine
not exceeding $600 and costs of prosecution. Each and every day on
which any person, firm or corporation shall be in violation of this
chapter shall constitute a separate offense.
C.
Equitable relief. Further, the appropriate officers or agents of
the Borough are hereby authorized to file a complaint for such violation
and seek any other available relief at law or equity, including injunction,
to enforce compliance with this chapter.
