[Added 5-19-1982 by Ord. No. 2000]
The provisions of this article shall be applicable
to the towing and storage of motor vehicles performed pursuant to
any provisions of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101
et seq., or pursuant to any provisions of the Lower Merion Code.
[Added 4-15-2003 by Ord. No. 3673]
As used in this article, the following terms
shall have the meanings indicated:
The act of immobilizing a motor vehicle by use of a Denver
Boot or boot.
A mechanical device consisting of clamps or jaws and a locking
device that, when attached to the wheel of a motor vehicle, prevents
the wheel from turning and the motor vehicle from being driven. The
terms "Denver Boot" or "boot" as used in this article include devices
other than the patented "Denver Boot" that can be used to prevent
the movement of a motor vehicle.
The point at which at least one wheel of a vehicle is connected
to the towing vehicle. The tow boom need not be in the up position.
A vehicle merely blocked by the towing vehicle shall not be considered
“hooked.”
[Added 11-21-2007 by Ord. No. 3832]
The act of preventing a motor vehicle from being driven or
moved.
The act of taking physical and/or legal custody of a vehicle
by authorizing the vehicle to be immobilized or by authorizing the
vehicle to be towed to and held at a storage garage or impoundment
lot.
Any violation of the parking, standing or stopping regulations
of the Lower Merion Code or the Pennsylvania Motor Vehicle Code for
which a parking ticket or other citation has been issued and to which
either no response has been made or for which a warrant has been issued,
and including adjudicated citations where the fine and costs imposed
are unpaid.
A notice of fine for a parking, standing or stopping violation
as authorized by the Lower Merion Code or the Pennsylvania Motor Vehicle
Code.
The act of removing a vehicle from the site at which a motor
vehicle is parked, immobilized or otherwise at rest.
[Added 4-15-2003 by Ord. No. 3673]
Any motor vehicle illegally parked and left
unattended is hereby declared a public nuisance, per se, and may be
towed and impounded without prior notice if:
A.
The motor vehicle blocks a public or private driveway
without the consent of the owner or person in control of the property.
B.
The motor vehicle obstructs the movement of an emergency
vehicle.
C.
The motor vehicle obstructs or interferes with the
use of a fire hydrant.
D.
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.
E.
The motor vehicle is parked on a street or alley in
a manner that obstructs pedestrian or vehicular traffic.
F.
The motor vehicle is parked in violation of any other
provision of this chapter that authorizes towing.
[Added 4-15-2003 by Ord. No. 3673]
A.
A motor vehicle found parked within the Township of
Lower Merion upon any public ground at any time may be immobilized
and subsequently towed and impounded if the motor vehicle has accumulated
three or more outstanding parking violations.
B.
Immobilization is subject to the following conditions:
(1)
The registration number of the vehicle appears
on a list of vehicles eligible for immobilization.
(2)
Immobilization shall not exceed 24 hours, except
a police offer may extend or reduce such time period for public safety
or traffic reasons.
(3)
No motor vehicle shall be immobilized within
the traveled portion of any street or on any portion of a street,
sidewalk or public parking area when the immobilization at such place
would create a hazard to the public or traffic.
(4)
Upon the expiration of the twenty-four-hour
time period, an immobilized vehicle shall be towed and impounded.
[Added 4-15-2003 by Ord. No. 3673]
A.
The Parking Services Department shall maintain a list
of registration numbers of vehicles eligible for immobilization.
[Amended 10-17-2007 by Ord. No. 3829]
B.
A motor vehicle registration number shall be added
to the immobilization eligibility list upon satisfaction of the following
two prerequisites:
(1)
The motor vehicle has accumulated three or more
outstanding parking violations; and
(2)
Written notice of motor vehicle immobilization
eligibility has been sent to the registered owner of the motor vehicle
at least 21 days before the motor vehicle registration number is added
to the immobilization eligibility list.
C.
The immobilization eligibility list shall be made
available for public inspection.
[Added 4-15-2003 by Ord. No. 3673]
A.
Written notice of a motor vehicle's immobilization
eligibility shall be sent to the registered owner of the vehicle by
certified mail at least 21 days before the motor vehicle registration
number is added to the immobilization eligibility list.
B.
Written notice of a motor vehicle's immobilization
eligibility shall identify the name and address of the registered
owner, the state registration number of the vehicle, the nature of
the outstanding parking violations, and the dates of the outstanding
parking violations.
[Added 4-15-2003 by Ord. No. 3673]
Whenever a motor vehicle is immobilized a notice
shall be affixed to the motor vehicle advising the registered owner
of the vehicle as to how release of the boot may be obtained, the
date and time at which the vehicle will be towed and impounded if
the registered owner fails to secure release of the boot, and how
the registered owner may obtain a hearing on the propriety of the
immobilization.
[Added 4-15-2003 by Ord. No. 3673]
A.
Whenever a motor vehicle is impounded by being towed
from a place of rest to a storage garage or impoundment lot, the registered
owner of the motor vehicle shall be notified of the impoundment by
certified mail within five business days.
B.
The notice of impoundment shall notify the registered
owner of the right to an impoundment hearing, and that if the motor
vehicle is not claimed within 30 days, it may be disposed of by the
Township.
C.
The notice of impoundment shall state the reason for
the impoundment.
[Added 4-15-2003 by Ord. No. 3673]
A.
The registered owner of an impounded motor vehicle
may assert the right to an impoundment hearing to object to the immobilization
eligibility or impoundment of the motor vehicle. The impoundment hearing
shall be limited to the determination of the validity of the impoundment
or immobilization eligibility.
B.
In order to invoke the right to an impoundment hearing,
the owner of an impounded or immobilization eligible motor vehicle
must submit a written demand to the Township within 14 days of either
the notice of immobilization eligibility; or the immobilization or
the issuance of the notice of impoundment, whichever is later. The
right to an impoundment hearing shall be deemed waived if the registered
owner does not submit a written demand within the specific time period.
C.
Absent an agreement between the Township and the registered owner, the impoundment hearing shall take place during normal business hours within two business days after the Township's receipt of the written demand. The written demand shall be in the form of application for appeal prescribed by §§ 5-86 and 5-87 of the Code.
D.
The impoundment hearing provides the registered owner
with the opportunity to contest only the impropriety of the immobilization
eligibility, immobilization, or impoundment. The validity of the underlying
outstanding parking violations or other violations may not be addressed.
E.
The Township Manager, or other Township official properly
appointed by the Board of Commissioners, shall preside over the impoundment
hearing as the hearing officer.
F.
The impoundment hearing officer shall consider all
relevant information offered by witnesses, including the person challenging
the immobilization eligibility or impoundment, and shall set forth
findings as to the objection and grounds for challenge.
G.
The hearing officer shall render a decision within
24 hours after the conclusion of the hearing and shall notify the
registered owner of the decision, indicating whether the immobilization
eligibility, immobilization, and/or impoundment was appropriate.
H.
If the hearing officer finds that the motor vehicle
was improperly made eligible for immobilization, immobilized, and/or
impounded, the motor vehicle shall be released to the registered owner
and all costs of towing, storage and impoundment shall be paid by
the Township.
[Added 4-15-2003 by Ord. No. 3673]
The registered owner of an immobilized and/or
impounded vehicle may secure release of the motor vehicle at any time
up until the time the motor vehicle is disposed of by the Township
by:
A.
Payment of the applicable immobilization, towing and
storage fees; and
B.
Payment of the applicable fines, penalties and court
costs for all outstanding parking violations; or
C.
Deposit of the collateral required for an appearance
before a District Justice to answer for each outstanding parking violation.
The Board of Commissioners shall from time to
time by resolution designate approved storage garages as pounds for
the towing and storage of impounded vehicles. No garage shall be approved
by the Board unless the owner, lessee or operator thereof shall furnish
the Township with a bond in the sum of $10,000, in form and with corporate
surety satisfactory to the Township Solicitor, conditioned upon the
faithful performance and discharge by the poundkeeper of his duties
as bailee of impounded vehicles, and to indemnify the owners of vehicles
against loss, injury or damage while in his custody.
[Amended 7-15-1987 by Ord. No. 3057; 6-19-1991 by Ord. No.
3242; 11-18-1998 by Ord. No. 3503; 4-15-2003 by Ord. No. 3673; 10-19-2005 by Ord. No. 3757; 11-21-2007 by Ord.
No. 3832; 6-17-2015 by Ord. No. 4057]
A.
Police towing services. The costs for towing services ordered by
the Police Department for passenger cars and trucks with a gross vehicle
weight of 10,000 pounds or less, to be paid and received by any authorized
towing service or approved poundkeeper, shall be due upon a vehicle
being hooked and removed from the premises and shall not be in excess
of the flat rate of $125.
B.
Hooking fees. In all instances, when a vehicle is hooked and the
owner/operator returns prior to the vehicle being removed from the
property, private tow operators shall charge no more than the flat
rate of $85 as a hooking fee and shall release the vehicle.
[Amended 3-15-2017 by Ord. No. 4102]
[Amended 7-15-1987 by Ord. No. 3057; 6-19-1991 by Ord. No.
3242; 11-18-1998 by Ord. No. 3503; 5-19-1999 by Ord. No. 3532; 10-19-2005 by Ord. No. 3757; 11-21-2007 by Ord. No. 3832; 6-17-2015 by Ord. No. 4057]
The cost of storage of any passenger car or truck with a gross
vehicle weight of 10,000 pounds registered gross vehicle weight (RGVW)
or less, to be paid to and received by any poundkeeper, when impounded
at the direction of the Police Department, shall be at the rate of
$45 per each full twenty-four-hour period commencing when the vehicle
is actually placed into storage. (For example: A vehicle placed in
storage at 11:00 p.m. would be charged one-day storage, provided the
vehicle remained in storage for a full twenty-four-hour period ending
at 11:00 p.m. the following night, and would be charged an additional
one-day storage for each full twenty-four-hour period it remained
in storage thereafter.)
[Added 7-15-1987 by Ord. No. 3057; amended 6-19-1991 by Ord. No.
3242; 11-18-1998 by Ord. No. 3503; 11-21-2007 by Ord. No. 3832; 6-17-2015 by Ord. No. 4057]
Police towing services. The costs for towing services ordered
by the Police Department for vehicles with a gross vehicle weight
in excess of 10,000 pounds, to be paid and received by any authorized
towing service or approved poundkeeper, shall be due upon the tow
vehicle's arrival at the tow scene and shall not be in excess of $200,
flat rate per hour.
[Added 7-15-1987 by Ord. No. 3057; amended 6-19-1991 by Ord. No.
3242; 11-18-1998 by Ord. No. 3503; 5-19-1999 by Ord. No. 3532; 11-21-2007 by Ord. No. 3832; 11-21-2007 by Ord. No. 3832; 6-17-2015 by Ord. No. 4057]
The cost of storage of any impounded truck or other heavy vehicle
with a gross vehicle weight in excess of 10,000 pounds, to be paid
to and received by any poundkeeper, shall be at the rate of $75 per
twenty-four-hour period commencing when the vehicle is actually placed
into storage. (For example: A vehicle placed in storage at 11:00 p.m.
would be charged one-day storage, provided the vehicle remained in
storage for a full twenty-four-hour period ending at 11:00 p.m. the
following night, and would be charged an additional one-day storage
for each full twenty-four-hour period it remained in storage thereafter.)
[Added 6-19-1991 by Ord. No. 3057]
The following regulations shall apply to the
towing of vehicles parked or left unattended on private property without
the consent of the property owner:
A.
No towing service shall remove vehicles parked or left unattended on private property without the consent of the property owner. In addition, the towing service must be issued a license by the Township authorizing them to do so. The license shall be issued for a fee as provided in Ch. A167, Fees, shall be renewed annually and shall be issued by the Lower Merion Township Police Department upon completion of a Department application form containing, as a minimum, the following information:
[Amended 6-18-1997 by Ord. No. 3455; 3-21-2001 by Ord. No.
3604]
(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
in Lower Merion Township the towing service is authorized to remove
vehicles.
(4)
The address of the storage yard where vehicles removed
from private property in Lower Merion Township 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.
B.
The Superintendent of Police, 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 Police Committee of the Board of Commissioners.
C.
Authorized towing services shall:
(1)
Maintain a current bond with the Township in the sum
of $10,000 in form and with corporate surety satisfactory to the Township
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 auto, hired autos, nonowned autos; $100,000 for each personal
injury; and garage-keepers' liability in the amount of $50,000 per
occurrence.
(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 Lower Merion Township 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 Lower Merion Township 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 Township.
(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 telephone tape machine 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 per twenty-four-hour period
when the vehicle is in the poundkeeper's yard, commencing when the
vehicle is actually placed into storage. (For example: A vehicle placed
in storage at 11:00 p.m. would be charged one-day storage, provided
the vehicle remained in storage for a full twenty-four-hour period
ending at 11:00 p.m. the following night, and would be charged an
additional one-day storage for each full twenty-four-hour period it
remained in storage thereafter.)
[Added 5-19-1999 by Ord.
No. 3532; amended 6-17-2015 by Ord. No. 4057]
(10)
When a vehicle is hooked and the owner/operator returns prior
to the vehicle being removed from the property, charge no more than
the flat rate of $85 as a hooking fee and release the vehicle.
[Added 6-17-2015 by Ord.
No. 4057; amended 3-15-2017 by Ord. No. 4102]
D.
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:
[Amended 11-21-2007 by Ord. No. 3832]
(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)
That within every private lot 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. Such signs shall be
placed and thereafter maintained to be readily visible to operators
from all directions as follows:
(a)
One sign shall be posted for every four parking
spaces, or alternatively;
(b)
Signs shall be posed pursuant to a site plan prepared by the
owner and approved by the Superintendent of Police, or his designee.
Thereafter the Police Department will inspect private lots for which
a license has been issued to a towing service to ensure that they
are in compliance with signage regulations.
[Amended 6-17-2015 by Ord. No. 4057]
[Added 6-19-1991 by Ord. No. 3057]
Any person, firm, association or corporation
who violates any provision of this article, upon conviction thereof,
shall be subject to a fine or penalty not exceeding $600 for each
and every offense. Such fines or penalties shall be collected as like
fines or penalties are now by law collected and shall be in addition
to any other penalty provided for herein.
