[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.
C. 
This article is also enacted pursuant to, and all towing companies shall operate in accordance with, the Towing and Towing Storage Facility Standards Act of July 5, 2012.[1]
[1]
Editor's Note: See 73 P.S. § 1971.1 et seq.
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:
ABANDONED VEHICLE
A. 
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:
(1) 
The vehicle is physically inoperable and is left unattended on a highway or other public property for more than 48 hours.
(2) 
The vehicle has remained illegally on a highway or other public property for a period of more than 48 hours.
(3) 
The vehicle is left unattended on or along a highway or other public property for more than 48 hours and does not bear all of the following:
(a) 
A valid registration plate.
(b) 
A current certificate of inspection.
(c) 
An ascertainable vehicle identification number.
(4) 
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.
(5) 
The vehicle has remained on the private property of a salvor for 20 days.
B. 
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.
DISABLED VEHICLE
Any motor vehicle which is inoperable due to mechanical failure or malfunction but is not an abandoned vehicle.
IMPOUNDING AUTHORITY
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).
MOTOR VEHICLE
A vehicle which is self-propelled except an electric personal assistive mobility device or a vehicle which is propelled solely by human power.
OWNER
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.
TOWING BUSINESS
The business of towing or removing disabled or damaged vehicles on the public street or right-of-way.
TOWING COMPANY
Any person engaged in a towing business.
TOWING COMPANY PERMIT OWNER
Any person engaged in a towing business holding a valid permit from the Township for the operation of a towing business.
TOWING STORAGE FACILITY
The location where a motor vehicle has been towed and is securely stored.
TOWING VEHICLE
Any motor vehicle used for the purpose of towing or removing disabled or damaged vehicles.
VEHICLE
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.
WRECKED VEHICLE
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.