[HISTORY: Adopted by the Board of Commissioners
of the Township of Ridley 2-27-2002 by Ord. No. 1823.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 299.
Storage of vehicles on private property — See Ch. 303.
[1]
Editor's Note: This ordinance also repealed
former Ch. 306, Vehicles, Towing of, adopted 5-24-1995 by Ord. No.
1737, as amended.
[Amended 8-26-2009 by Ord. No. 1952]
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 Ridley Township Police where vehicles are towed
from public or private property without the consent of the owner or
operator of the vehicle by a towing service operated on behalf of
a private property owner; and to avoid erroneous reports of stolen
vehicles being submitted to the Ridley Township Police Department.
Towing companies should be exempt from compliance with the towing
ordinance while engaged in the repossession of a vehicle on behalf
of lienholders or lessees of vehicles. However, prior to beginning
the repossession of a vehicle, the towing company must call 911 to
notify the Township of Ridley Police Department of its intention to
repossess the vehicle and must wait at least 15 minutes for police
response before commencing with the repossession. When the police
respond, the towing company must provide the police with the name
of the vehicle owner and the address at which the repossession is
intended to take place.
[Amended 8-26-2009 by Ord. No. 1952]
The cost of towing passenger cars or other vehicles
weighing 9,000 pounds or below, "hooked" and removed from the premises,
shall not be in excess of $95 for each crane tow, wheel lift or flatbed
removal. In all instances when a passenger car or other vehicle weighing
9,000 pounds or below is hooked on a crane tow or wheel lift, fitted
with wheel dollies, or hooked to be moved onto a flatbed and the owner/operator
returns prior to the vehicle being removed, tow operators shall charge
no more than a $50 hooking fee and shall release the vehicle to the
owner/operator immediately upon receipt of the fee. Said owner/operator
shall have 30 minutes after returning to pay the hooking fee in order
to obtain release of the vehicle.
The cost of towing a vehicle weighing over 9,000
pounds shall not be in excess of $165 per hour. In all instances when
a vehicle weighing more than 9,000 pounds is hooked on a crane tow
or wheel lift, fitted with wheel dollies, or hooked to be moved onto
a flatbed and the owner/operator returns prior to the vehicle being
removed, tow operators shall release the vehicle to the owner/operator
immediately upon receipt of the hourly fee.
A.
The cost for storage for any impounded vehicle shall
be as follows:
(1)
Passenger car or vehicle weighing 9,000 pounds or
below: amount charged by any towing service operator with respect
to any passenger car or vehicle weighing 9,000 pounds or below towed
from the Township of Ridley shall not be in excess of $40 per day.
(2)
Vehicle weighing over 9,000 pounds: amount charged
by any towing service operator with respect to any vehicle weighing
over 9,000 pounds towed from the Township of Ridley shall not be in
excess of $75 per day.
B.
Vehicle owners/operators must have the ability to
recover their vehicles from any impound lot Monday through Saturday
during reasonable business hours. In addition to Sunday, the impound
lot may be closed on the following national holidays: New Year’s
Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving and Christmas
Days.
[Amended 8-22-2007 by Ord. No. 1923]
All daily fees charged for the storage of vehicle
pursuant to this chapter shall be calculated on a twenty-four-hour
basis rather than by calendar days.
The following regulations shall apply to the
towing of any vehicle parked or left unattended on public or private
property without the consent of the property owner, including, but
not limited to, repossession of vehicle on behalf of a lienholder
or leaseholder:
A.
No towing service shall remove any vehicle parked
or left unattended on private property without the consent of the
property owner. In addition, any towing service shall first secure
a license from the Township of Ridley prior to doing any towing from
any public or private property located in Ridley Township. A license
shall be issued for a fee as set from time to time by resolution of
the Board of Commissioners per calendar year and shall be issued by
the Ridley Township Police Department upon completion of the Department
application containing at a minimum the following information:
(1)
Name and address of towing service.
(2)
The name and business address of all persons or entities
having an ownership interest in the towing service.
(3)
The name and address of all persons from whose property
in Ridley Township the towing service is authorized to remove vehicles.
(4)
The address of the storage yard where vehicles which
are removed from private or public property in Ridley Township will
be towed.
(5)
The name of the bonding company and the name and address
of the bonding company agent through whom the bond required by this
section has been issued.
B.
The Captain of Police, upon determining that any provision
of this section 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 the Board of Commissioners.
C.
Authorized towing services shall:
(1)
Maintain a current bond with the Township in the sum
of $10,000 in form and surety satisfactory to the Township's Solicitor,
conditioned upon the faithful performance discharged by the towing
service of its duties as bailee of removed vehicles, and to indemnify
the owner of vehicles against loss, injury or damage while in his
custody.
(2)
Provide certificates of insurance as follows: in the
minimum of 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.
(3)
Comply with the provisions of the Pennsylvania Motor
Vehicle Code with respect to the removal and storage of vehicles from
private property or the removal and impoundment of vehicle from public
property.
(4)
Notify the Township of Ridley Police Department by
telephone, in person or by facsimile transmission of the removal of
a vehicle from public or private property within 30 minutes of such
removal and provide a description and license number of the vehicle
thus removed and the location to which it has been taken.
[Amended 8-26-2009 by Ord. No. 1952]
(5)
Provide the Ridley Township Police Department with
a true and correct copy of each and every contract between the applicant
and the owner and/or lessee of the private property with respect to
the removal of vehicles from private property within the Township.
(6)
Display the name of the towing service and or the
person operating it, together with a valid phone number therefor,
by signs on both sides of the tow truck.
(7)
Maintain during off hours either a telephone operator
answering service or telephone tape machine to provide owners or operators
of towed vehicles with the necessary information as to the costs,
the required method of payment and the procedure for claiming the
towed vehicle.
(8)
Prior to the issuance of any license, provide proof
that they have paid occupational privilege tax to Ridley Township.
(9)
Display a current towing license obtained from Ridley
Township on the driver side window of the vehicle.
D.
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 property owner as follows.
[Amended 8-26-2009 by Ord. No. 1952]
(1)
That a sign at least three feet by two feet in size
is placed at every entrance to a private lot clearly indicating that
the parking lot is private, that unauthorized vehicles will be towed
at owners expense, the name and phone number of the towing agency,
the hours of tow operation, hours for vehicle retrieval and the towing,
hooking and storage fees.
(2)
That within a lot containing less than 20 parking
spaces, additional signs at least 18 inches by 12 inches in size are
to be posted approximately eight feet above ground level, clearly
indicating that all unauthorized vehicles will be towed at owner's
expense. One sign shall be posted for every four parking spaces and
be readily visible from the parking spaces.
(3)
That within a lot containing more than 20 parking
spaces, the property owner shall prepare a site plan, subject to the
approval of the Captain 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.
(4)
In the event that the Pennsylvania Motor Vehicle Code
provides for a higher 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 fade evidence that the owner of said
motor vehicle was either operating said motor vehicle or was in the
operation and control of said motor vehicle at the time of said violation.
Any changes in the amount of towing, hooking
or storage costs in this chapter will be established by resolution
of the Board of Commissioners from time to time.
[Added 8-26-2009 by Ord. No. 1952[1]]
Any person who has requested 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
to the Board of Commissioners within 30 days of the denial or of the
expiration of 30 days after the request if no decision is rendered.
The Board of Commissioners 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 Board
shall render a decision on the request within 15 days following the
date of the hearing.
Any person, partnership, cooperation or other
legal entity violating the provisions of this chapter, shall, upon
conviction before a District Justice, be sentenced to pay a fine not
exceeding $600, plus costs of prosecution, and in default of payment
of such fine and costs shall be imprisoned for a period not to exceed
30 days.
