[HISTORY: Adopted by the Borough Council of the Borough of
Lansdowne 5-20-1998 by Ord. No. 1148. Amendments noted where applicable.]
The purpose and intent of this chapter is to regulate towing
rates and towing services as permitted by 75 Pa.C.S.A. § 3353;
to provide for proper licensing of towing services and notice to the
Lansdowne 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 an owner or lessee
of private property, or by 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 Lansdowne Police Department.
[Amended 6-16-1999 by Ord. No. 1155]
A.
Passenger cars.
(1)
The cost of towing passenger cars which are hooked and removed from
public or private premises shall not be in excess of a fee as set
forth from time to time by resolution of the Borough Council for each
crane tow or wheel lift. In all instances when a vehicle is hooked
and the owner/operator of the vehicle returns prior to the vehicle
being removed, tow operator shall charge no more than the hooking
fee as set forth from time to time by resolution of the Borough Council
and shall release the vehicle to the owner/operator immediately upon
receipt of the fee.
(2)
The cost of storage of any impounded passenger car, which cost is
charged by any towing service operator with respect to any passenger
car towed from Lansdowne, shall not be in excess a fee as set forth
from time to time by resolution of the Borough Council, per day. Said
storage fee shall be chargeable immediately upon the placement of
the vehicle into storage.
[Amended 4-3-2002 by Ord. No. 1178]
B.
Vehicles other than passenger cars.
(1)
The cost of towing vehicles other than passenger cars shall not be
in excess of a fee as set forth from time to time by resolution of
the Borough Council. In all instances when such a vehicle is hooked
and the owner/operator of the vehicle returns prior to the vehicle
being removed, tow operator shall charge no more than the hooking
fee as set forth from time to time by resolution of the Borough Council
and shall release the vehicle to the owner/operator immediately upon
receipt of the fee.
(2)
The cost of storage of any impounded vehicle other than a passenger
car, which cost is charged by any towing service operator with respect
to any such vehicle towed from Lansdowne, shall not be in excess of
a fee, as set forth from time to time by resolution of the Borough
Council, per day. Said storage fee shall be chargeable immediately
upon the placement of the vehicle into storage.
[Amended 4-3-2002 by Ord. No. 1178]
C.
For purposes of this chapter, the term "passenger car" shall include
all vehicles weighing less than 9,000 pounds.
[Added 4-3-2002 by Ord. No. 1178]
The provisions of this chapter shall apply to the towing of
any vehicle parked or left unattended on public or private property
without the consent of the property owner or lessee, including but
not limited to repossession of vehicles on behalf of a lienholder
or lessor of a vehicle.
A.
No towing service shall remove any vehicle that is parked or left
unattended on private property unless the private property owner or
property lessee consents in writing to such removal, except that the
Borough of Lansdowne or anyone acting on its behalf or at its request
shall be exempt from this provision.
B.
In addition, any towing service shall first secure a license from
the Borough of Lansdowne prior to doing any towing from any public
or private property located in Lansdowne Borough. A license shall
be obtained every calendar year, for a fee to be set from time to
time by resolution of the Borough Council, upon completion of a Lansdowne
Police Department application containing, at a minimum, the following
information.
[Amended 6-16-1999 by Ord. No. 1155; 4-3-2002 by Ord. No. 1178]
(1)
Name, address and telephone number of the towing service. This telephone
number shall be answered on a twenty-four-hour basis, seven days per
week.
(2)
The name, business address and telephone number of all persons or
entities having an ownership interest in the towing service.
(3)
The name, address and telephone number of all persons from whose
property in the Borough of Lansdowne the towing service is authorized
to remove vehicles.
(4)
The name, address and telephone number of the storage yard to which
vehicles removed from private property in Lansdowne Borough will be
towed.
(5)
The name, address and telephone number of the bonding company and
the name, address and telephone number of the bonding company agent
through whom the bond required by this chapter has been issued.
C.
The Chief of Police, upon determining that any provision of this
chapter has been violated, 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 Public Safety Committee
of Lansdowne Borough Council, and shall be handled under the Local
Agency Act.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
and § 751 et seq.
D.
Authorized towing services shall:
(1)
Maintain a current surety bond with the Borough in the sum of $10,000
and in form satisfactory to the Borough's Solicitor, conditioned
upon the faithful performance by the towing service of its duties,
under this chapter, and to indemnify the owners of vehicles against
loss, injury or damage to vehicles while in his custody. The surety
bond shall be issued by a bonding company that is approved by the
United States Department of the Treasury and/or by the Commonwealth
of Pennsylvania.
(2)
Provide certificates of insurance as follows: in the minimum amount
of $500,000 combined single limit for hired autos, non-owned autos;
$100,000 for each personal injury; and $50,000 per occurrence for
garagekeeper's liability.
[Amended 4-3-2002 by Ord. No. 1178]
(5)
Notify the Lansdowne Borough Police Department by telephone, in person
or by facsimile transmission of the removal of a vehicle from public
or private property within one hour of such removal and provide a
description and license number of the vehicle thus removed and notify
the Borough of Lansdowne Police Department of the removal of the vehicle
in writing (in person or by fax) by 12:00 noon of the day after removal
of the vehicle from private property on a form provided by the Lansdowne
Police Department.
[Amended 4-3-2002 by Ord. No. 1178]
(6)
Provide the Borough of Lansdowne Police Department with a true and
correct copy of each and every contract between the towing service
and the owner and/or lessee of any private property with respect to
the removal of vehicles from private property within the Borough.
(7)
Display the name of the towing 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)
Display the current towing license obtained from the Borough of Lansdowne
on the driver's side window of the tow vehicle.
E.
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 by the owner of the lot as follows:
(1)
A sign, at least two feet by two feet in size, will be posted in
a clearly visible location within a private lot containing fewer than
20 parking spaces approximately eight feet above ground level, explicitly
indicating that all unauthorized vehicles will be towed at the owner's
expense. It will indicate the name and phone number of the towing
agency, the hours of operation and the towing and storage fees.
(2)
Within a lot containing more than 20 parking spaces, the property
owner shall prepare a site plan, subject to the approval of the Chief
of Police, showing signage readily visible from all directions. Such
signs, clearly indicating that all unauthorized vehicles will be towed
at the owner's expense, shall thereafter be posted and maintained
pursuant to the approved site plan.
(3)
In the event that the Pennsylvania Motor Vehicle Code provides for
a more demanding standard with regard to signs and posting of signs,
said standards shall be followed.
In any proceeding for a violation of the provisions of this
chapter, the registration plate, if any, displayed on such motor vehicle
shall be prima facie evidence that the owner of said motor vehicle
was either operating said motor vehicle or was in operation and control
of said motor vehicle at the time of said violation.
B.
In addition to the monetary penalties provided above, a person or
entity who has committed three or more violations of this chapter
may be subject to one or more of the following penalties:
C.
Each violation of any part of this chapter shall count as a single
violation.
D.
The penalties set forth in this chapter are in addition to, and do
not replace or supplant, any other remedies which may be available
to the Borough or to any private person under this chapter or any
other civil or criminal law. By way of example and not of limitation,
this chapter shall not preclude any private person from bringing a
civil action against any person or entity for the wrongful conversion
of any vehicle that is towed in violation of this chapter.
[Added 4-3-2002 by Ord. No. 1178]
The requirements of this chapter shall not apply to repossession
of vehicles on behalf of lienholders. However:
A.
This exemption only applies to the actual repossession of vehicles
on behalf of lienholders, and does not provide an exemption for any
other towing activity that is conducted within the Borough. When not
engaged in repossession activity, persons and entities engaged in
the business of towing vehicles must comply in all respects with the
requirements of this chapter.
B.
A person or entity which is engaged in repossession of a vehicle
on behalf of a lienholder shall, at least one hour prior to beginning
the repossession, notify the Lansdowne Police Department of intention
to repossess the vehicle; give the Lansdowne Police Department the
name of the vehicle owner and the address at which the vehicle repossession
is going to take place; and present proof of the right to repossess
the vehicle.
[Amended 12-5-2012 by Ord. No. 1278]
Any person who has requested in writing an increase in towing,
hooking or storage fees and who has been denied, or if no decision
has been made within 30 days of the request, shall have the right
to appeal in writing to the Borough Council within 30 days of the
denial or of the expiration of 30 days after the request if no decision
is rendered. The Borough Council shall set a hearing date within 30
days of receiving such appeal request. At such hearing, the applicant
is entitled to be heard and present evidence on its behalf. The Borough
Council shall render a decision on the request within 15 days following
the date of the hearing.
