All fees charged must comply with the maximum fee schedule established
by the Commissioner of Insurance, attached hereto as Exhibit A. The towing
and storage fee schedule (Exhibit A) is available to the public and is on
file in the Borough Clerk's office. No fee may be charged unless a service
is actually performed. Nothing in this chapter shall prevent a towing service
from charging a lesser fee than the maximum set by the Commissioner of Insurance.
No stored vehicle shall be released until permission is given by the
Alpha Borough Police Department.
Insurance coverage must be received in the amount of $1,000,000 dollars
for personal injury and $100,000 for property damage. The towing service must
supply a certificate of insurance before commencing operation, showing the
coverage and listing the Borough as an additional insured.
Any person who requests and becomes part of the wrecker call duty rotation
list shall agree to hold the Borough harmless from any and all actions instituted
by third parties against the Borough as a result of the service provided;
said costs incurred as a result of said third-party action, including, but
not limited to, reasonable attorney's fees.
Any towing service that violates any provision of this chapter shall
be subject to temporary or permanent removal from the list. Prior to removal,
the towing service shall be given written notice of the alleged violations
and an opportunity for a hearing before the Borough Council.
Nothing in this chapter shall control the right of any person to use
the towing service of his choice.
Any person violating any provision of this chapter shall, upon conviction
thereof, be subject to a fine not exceeding $1,250, a term of imprisonment
not exceeding 90 days or a period of community service not exceeding 90 days,
or any combination thereof, in the discretion of the judge before whom such
conviction shall be had.