This chapter shall be known and may be cited
as the "Falls On-Call Wrecker Ordinance."
For the purposes of this chapter, the following
terms, phrases, words and their derivations shall have the meanings
given herein. When not inconsistent with the context, words used in
the present tense include the future, words in the plural number include
the singular number, and the words in the singular number include
the plural number. The word "shall" is always mandatory and not merely
directory.
HEAVY TOW TRUCK
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of 26,000 pounds or more.
[Amended 11-15-2011 by Ord. No. 2011-07]
ON-CALL
Refers to those wreckers licensed under this chapter who
alone will be called to accidents occurring in Falls Township by the
Falls Township Police Department and shall be available for any towing
required by Falls Township itself, except as specifically provided
in this chapter to the contrary.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind that has a place of business and
a fenced storage area in Falls Township providing services of a wrecker.
A wrecker holding a current license issued by Falls Township on the
effective date of this ordinance amendment shall be deemed a "person."
STANDARD TOW TRUCK
Any motor vehicle capable of towing a vehicle having a gross
vehicle weight rating, gross combination weight rating, registered
combination weight or actual gross weight of less than 26,000 pounds.
[Amended 11-15-2011 by Ord. No. 2011-07]
TOWNSHIP
The Township of Falls, Bucks County, Pennsylvania.
TOW TRUCK
Both "standard tow truck" and "heavy tow truck" are as defined
herein.
WRECKER
A person or any other legal entity engaged in the business
of offering the services of a vehicle wrecker or towing service, whereby
disabled motor vehicles are towed or otherwise removed from the place
where they are disabled by use of a tow truck so designed for that
purpose or by a truck, automobile or other vehicle so adapted to that
purpose and maintaining a fenced storage yard of a minimum of 10,000
square feet for the secure storage of vehicles. The height of the
fence securing the storage yard shall be no less than six feet.
[Amended 11-15-2011 by Ord. No. 2011-07]
The purpose of this chapter is to ensure safety,
traffic control and the orderly use of the streets and highways within
the Township; it is necessary to have an orderly arrangement for providing
tow truck and wrecker services within the Township.
The licensing of wreckers pursuant to this chapter
shall create no new or additional liability for the Township. The
duties performed by the Township pursuant to this chapter are general
duties owed to the public. No person is authorized to create a special
duty to anyone either by representation, act or omission. Wreckers
pursuant to this chapter shall indemnify the Township to the fullest
extent allowable by law.
[Amended 11-16-2020 by Ord. No. 2020-05]
The Chief of Police of the Township or his or her designated representative may cause to be inspected each wrecker's place of business, licensed vehicles, and internal financial records solely related to assignments on behalf of the Township not less than, but not limited to, twice each year. Licensees shall be required to maintain detailed, itemized records pertaining to Township assignments for a period of one year and shall present such records upon administrative request by aforementioned officials. Nothing in this section shall prohibit licensees from maintaining separate records regarding Township assignments and private jobs. In the event that a licensee fails to comply with the provision herein contained, the Township may take appropriate action in accordance with §
206-13 of this chapter.
[Added 8-19-2014 by Ord. No. 2014-07]
A. Authorization for removal and impoundment. The Township Manager,
the Chief of Police, and/or an authorized designee thereof are hereby
authorized to remove and impound or to order the removal and impounding
of any vehicle illegally parked on any of the streets, highways or
public property in the Township.
B. Notification of removal and impounding. Within 24 hours, or as soon
as practicable from the time of removal of any vehicle under the authority
granted by this chapter, notice of the fact that such vehicle has
been impounded shall be sent to the owner of record of such vehicle.
Such notice shall designate the place from which such vehicle was
removed, the reason for its removal and impounding, and the pound
location in which it shall have been impounded. Such notice shall
be provided at any time that a vehicle is towed or impounded at the
Township's request. The wrecker shall be solely responsible for providing
the notification required in this section.
C. Payment of charges; protests.
(1) All charges and fees for any towing or storage services shall be in compliance with the charges and fees established from time to time by resolution of the Board of Supervisors, as designated in §
206-7F.
(2) The payment of towing and storage charges authorized by this chapter
shall not operate to relieve the owner or operator of any vehicle
from liability for any fine or penalty for violation of any law or
ordinance on account of which such vehicle was removed and impounded.
D. Records of vehicles removed and impounded. The Chief of Police, or
his/her designee, shall keep a record of all vehicles impounded and
shall be able at all reasonable times to furnish the owners or the
agents of the owners thereof with information as to the place of storage
of such vehicles.
[Amended 11-15-2011 by Ord. No. 2011-07]
A. Any person
guilty of violating any provisions of this chapter shall be guilty
of an offense.
B. Upon 10 days' written notice and after a hearing before the Township
Manager, the Township may penalize any licensee under this chapter
in any appropriate way, including, but not limited to, a revocation
of a license issued hereunder, when it finds any of the following
grounds:
(1) The license was procured by fraudulent conduct or false statement
of material fact or that a fact concerning the applicant was not disclosed
at the time of his making application, and such fact would have constituted
just cause for refusal to issue said license.
(2) The wrecker illegally employed a short-wave radio to obtain information
as to the location of the scene of an accident or disabled vehicle.
(3) The wrecker paid, in the form of a gratuity, any third person not
involved in the accident for information as to the location of the
accident.
(4) The wrecker has violated the fee schedule by overcharging. Such allegations
may be confirmed by written complaints from the public or other complainant.
(5) The wrecker has violated any of the requirements of this chapter
or any of the rules and regulations as established by the Board of
Supervisors.
C. Penalty guidelines.
(1) With the exception of alleged violations of the fee schedule, the
Township Manager shall consider the following guidelines when formulating
his or her recommendation to the Board of Supervisors for an alleged
violation of any of the provisions of this chapter, and the Board
of Supervisors shall consider the following guidelines when rendering
its decision:
(a)
Any person or wrecker committing an offense against any provision
of this chapter shall, upon conviction therefore, be subject to a
fine not to exceed $50 for the first offense, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager.
[Amended 8-18-2015 by Ord. No. 2015-05]
(b)
Any person or wrecker committing an offense hereunder, within
six months of his or its conviction of any prior offense hereunder,
shall be fined not less than $50 nor more than $1,000, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager;
and/or shall have his or its license suspended for a period of up
to 60 days.
[Amended 8-18-2015 by Ord. No. 2015-05]
(c)
Any person or wrecker committing an offense hereunder, within
12 months of his or its conviction of more than one other offense
hereunder, shall be fined not less than $500, plus the attorney's
fees and other costs incurred by the Township in investigating and/or
litigating the alleged offense, including but not limited to preparation
for and representation at a hearing in front of the Township Manager;
and/or shall have his or its license suspended for a period of up
to 120 days.
[Amended 8-18-2015 by Ord. No. 2015-05]
(2) In no event, however, are the above guidelines mandatory, and at
any time the Board of Supervisors may issue any appropriate penalty,
given the facts and circumstances alleged, either more severe than
described above, or less severe than described above, based on the
evidence presented at the hearing before the Township Manager and/or
at a public hearing related to the Township Manager's recommendation.
(3) Failure to remit timely payment of fines and/or other fees or costs
pursuant to this subsection shall be considered a further violation
of this chapter.
[Added 8-18-2015 by Ord.
No. 2015-05]
D. Any wrecker lawfully removed from either tower list by termination
of either license granted hereunder by the Township shall immediately
result in the termination of all rights and privileges granted under
this chapter as a duly licensed wrecker.