[Amended 12-4-2023 by Ord. No. HR-475]
A.
This article is enacted under the authority of the Pennsylvania Vehicle
Code, 75 Pa.C.S.A. § 6109(a)(22) which authorizes the Township
to remove and impound vehicles that are parked overtime on any street
in the Township, or in metered and unmetered parking lots in the Township
in violation of any provision of this chapter.
B.
This article is also enacted to regulate towing rates and towing
services as permitted by the Pennsylvania Vehicle Code, 75 Pa.C.S.A.
§ 3353(c); to provide for proper licensing of towing services
and notice to the Tredyffrin Township Police Department 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 a towing service operating
on behalf of the lienholder or lessee of the vehicle; and to avoid
erroneous reports of stolen vehicles being submitted to the Tredyffrin
Township Police Department.
D.
The Township shall also have authority to remove and impound or to
order removal and impounding of any vehicle parked overtime or otherwise
illegally, provided that the circumstances of its parking were within
the conditions stated in this article, and provided that no such vehicle
shall be removed or impounded except in strict adherence to the provisions
of this article.
[Amended 12-4-2023 by Ord. No. HR-475]
As used in this article, the following terms shall have the
meanings indicated:
A vehicle (other than a pedalcycle) shall be presumed to be
abandoned under any of the following circumstances, but the presumption
is rebuttable by a preponderance of the evidence:
The vehicle is physically inoperable and is left unattended
on a highway or other public property for more than 48 hours.
The vehicle has remained illegally on a highway or other public
property for a period of more than 48 hours.
The vehicle has remained on private property without the consent
of the owner or person in control of the property for more than 24
hours.
The vehicle has remained on the private property of a salvor
for 20 days.
Vehicles and equipment used or to be used in construction or
in the operation or maintenance of highways or public utility facilities,
which are left in a manner which does not interfere with the normal
movement of traffic, shall not be considered to be abandoned.
Any motor vehicle which is inoperable due to mechanical failure
or malfunction but is not an abandoned vehicle.
The authority of the Tredyffrin Township Chief of Police,
any Tredyffrin Township peace officer or official having such authority
by law to impound any motor vehicle for any lawful reason(s).
A vehicle which is self-propelled except an electric personal
assistive mobility device or a vehicle which is propelled solely by
human power.
A person, other than a lienholder, having the property right
in or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person, but excludes a lessee under a lease not intended as
security.
The business of towing or removing disabled or damaged vehicles
on the public street or right-of-way.
Any person engaged in a towing business.
Any person engaged in a towing business holding a valid permit
from the Township for the operation of a towing business.
The location where a motor vehicle has been towed and is
securely stored.
Any motor vehicle used for the purpose of towing or removing
disabled or damaged vehicles.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks. The term does not include a self-propelled
wheelchair or an electrical mobility device operated by and designed
for the exclusive use of a person with a mobility-related disability.
Any motor vehicle which is disabled due to collision with
another vehicle or object.
[Amended 12-4-2023 by Ord. No. HR-475]
A.
Removal and impounding of vehicles under this article shall be done
only by an approved towing company that shall be designated from time
to time by resolution of the Board of Supervisors. Every such towing
company shall submit evidence to the Superintendent of Police, or
his/her designee, that it is bonded or has acquired liability insurance
in an amount satisfactory to the Township. The amount shall be sufficient
to indemnify owners of impounded vehicles against loss or damage to
those vehicles while in the custody of the garage-keeper for the purpose
of towing or storage. The Superintendent of Police, or his/her designee,
shall investigate and compile a list of approved towing companies
to present to the Board of Supervisors for approval.
B.
Approved towing companies must have the ability to provide the following:
(1)
Towing storage facility located within 10 miles of the Tredyffrin
Township Municipal Complex.
(2)
Towing storage facility that is maintained in a manner that promotes
the safety and protection of towed or impounded vehicles as well as
the owners thereof who visit the towing storage facility.
(3)
Thirty-minute-or-less response time to any Township Police Department
requested or related tow.
(4)
The towing company must have personnel available between the hours
of 8:00 a.m. and 5:00 p.m., from Monday to Friday, unless otherwise
directed by the Township Police Department, 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 or impounded vehicle. On Saturdays and Sundays, the towing
company shall have at least one person available to respond to assist
vehicle owners with the same when that towing company is on call.
C.
Unless otherwise directed by a member of the Police Department, at
no time shall a towing company refuse to return, or allow an individual
to retrieve, personal items from a towed/impounded vehicle that was
towed at the request or direction of the Township Police Department.
D.
Towing companies shall utilize equipment that is in compliance with
Pennsylvania Department of Transportation (PennDOT) regulations as
well as the guidelines provided by the Federal Motor Carrier Safety
Administration, Department of Transportation.
E.
Towing companies shall provide drivers who meet the licensing requirements
set forth by the Commonwealth of Pennsylvania as well as the Federal
Motor Carrier Safety Administration.
F.
Towing, hooking, and storage fees for vehicles weighing less than
10,000 pounds:
(1)
Prior to each calendar year, the Township Superintendent of Police,
or his/her designee, shall obtain fee schedules from each towing company
and present those fees, along with recommendations, to the Board of
Supervisors for approval by resolution. The fees shall include rates
for hooking, towing, wheel lift, flatbed, or any other style of tow.
Rates shall also include standard and excessive cleanup, administrative,
gate, storage, or any other fees. Fees shall be reasonable and customary
for the service provided in the emergency towing service's geographic
area. Fees must be posted for public inspection in the place of business
of the emergency towing service.
G.
No different schedule of charges shall be permitted without approval
of the Board of Supervisors by resolution, and no different charges
shall be demanded of or collected from any person whose vehicle is
removed or impounded under this article by any approved storage garage.
The Board of Supervisors may remove from its list of approved storage
garages towing companies any towing companies that make any unapproved
charge in connection with any vehicle removed or impounded under this
article. After removal from the list, a towing company may reapply
after a two-year period, or at the discretion of the Superintendent
of Police and/or his/her designee.
H.
There will be no storage costs if a towed vehicle is retrieved on
the same business day between the hours of 8:00 a.m. and 6:00 p.m.
I.
If a police officer requests a vehicle be towed to the Police Department
for investigation purposes, the same towing company shall be contacted
to transport the vehicle to the towing company's towing storage
facility. At no time shall the tow company charge for two transports
related to this scenario.
J.
If a vehicle is hooked and/or loaded, and the vehicle owner arrives,
the vehicle shall be released upon request of an on-duty Tredyffrin
Township police officer. Under this circumstance, a towing company
may issue the owner of the vehicle a one-time charge of $50.
K.
If a towing company fails to respond to a Township Police Department
request within 30 minutes, that towing company request will be cancelled
and the next towing company on the list will be contacted. In extreme
weather events, such as a snowstorm, if a towing company is occupied
with another incident when requested, the towing company shall be
willing to inform the Police Department to request the next towing
company on the list to provide for a more advantageous response time.
L.
Any towing company who fails to respond, fails to respond within
30 minutes upon request, operates in an unsafe manner, or fails to
conduct themselves professionally, shall be considered for suspension
and removal from the approved towing company list by the Board of
Supervisors, at the request of the Superintendent of Police and/or
his/her designee. The length of the suspension shall be for a period
of two years, or at the discretion of the Superintendent of Police
and/or his/her designee, after which time the towing business may
reapply. After three incidents within a six-month period of time,
the towing company shall be considered for permanent removal from
the towing company list by the Board of Supervisors, at the request
of the Superintendent of Police and/or his/her designee.
M.
Towing, hooking, and storage fees for vehicles weighing in excess
of 10,000 pounds.
(1)
All towing, hooking, and storage fees for vehicles weighing in excess
of 10,000 pounds shall revert to each particular towing company's
standard rates. With the exception of towing, hooking, and storage
fees, all other requirements of this article shall apply to vehicles
weighing in excess of 10,000 pounds.
Within 12 hours from the time of removal of
any vehicle under authority granted by this article, notice of the
fact that the vehicle was removed shall be sent by the Township to
the owner of record of the vehicle. The notice shall designate the
place from which the vehicle was removed, the reason for its removal
and impounding and the garage in which it was impounded.
The payment of any towing and storage charges
authorized by this article shall, unless payment is made under protest,
be final and conclusive and shall constitute a waiver of any right
to recover the money so paid. If payment of any towing or storage
charges is made under protest, the offender shall be entitled to a
hearing before a District Justice. Payment of towing and storage charges
shall not relieve the owner or driver of any vehicle from liability
for any fine or penalty for the violation of the provision of this
chapter for which the vehicle was removed or impounded.
The Township shall cause a record to be kept
of all vehicles impounded under this article and shall be able at
all reasonable times to furnish the owners or the agents of the owners
of those vehicles with information as to the place of storage of the
vehicle.
No vehicle shall be removed under the authority
of this article if, at the time of the intended removal, the owner
or the person for the time being in charge of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
