[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:
BOOT, BOOTING or BOOTED
The act of immobilizing a motor vehicle by use of a Denver Boot or boot.
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.
HOOK, HOOKED or HOOKING
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]
IMMOBILIZATION
The act of preventing a motor vehicle from being driven or moved.
IMPOUND or IMPOUNDMENT
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.
OUTSTANDING PARKING VIOLATION
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.
PARKING TICKET
A notice of fine for a parking, standing or stopping violation as authorized by the Lower Merion Code or the Pennsylvania Motor Vehicle Code.
TOW or TOWING
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.
C. 
Written notice of a motor vehicle's immobilization eligibility shall advise that the registered owner of the vehicle may challenge the immobilization eligibility of the vehicle by appearing in person before the hearing officer pursuant to § 145-77 of this article and presenting evidence that:
(1) 
The registered owner was not the owner or lessee of the vehicle at the time the outstanding parking violations were first issued;
(2) 
The outstanding parking violations have been satisfied;
(3) 
The vehicle has not in fact accumulated three or more 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.
(3) 
Comply with the provisions of the Pennsylvania Vehicle Code[1] with respect to the removal and storage of vehicles from private property or the removal and impoundment of vehicles from public property.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
(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.