[HISTORY: Adopted by the Township Council of the
Township of Bristol 8-20-1986 by Ord. No.
14-86. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any person, firm, partnership, association, corporation,
company or organization of any kind.
The Township of Bristol Police Department.
A wrecker, as defined in this chapter, who regularly maintains
a principal place of business within the Township of Bristol, Bucks
County, Commonwealth of Pennsylvania.
The Township of Bristol.
A person engaged in the business of or offering the services
of a vehicle wrecker or towing service whereby disabled or damaged
motor vehicles are towed or otherwise removed from the place where
they were disabled or damaged by use of a wrecker or by a truck so
designed for the purpose, equipped in accordance with the standards
established in this chapter.
[Amended 9-17-1991 by Ord. No. 91-20]
A.
No wrecker
shall be available on a rotating schedule to be called by the Township
or offer such service to the Township without first obtaining an annual
license as hereinafter provided from the Bristol Township Managing
Director.
B.
Based on
the determination of the traffic patterns throughout Bristol Township
and the areas requiring rapid removal of wrecked vehicles and based
on the interests of avoiding increased hazards caused by wreckers
racing to scenes of accidents, no more than five licenses shall be
issued each year in designated areas.
C.
Such license
shall not be transferable. Any change in ownership of the licensee
shall operate as a termination of such license.
[Amended 9-17-1991 by Ord. No. 91-20; 10-20-1992 by Ord. No. 92-17]
Applications for licenses issued hereunder shall be made upon
forms prepared and made available by the Managing Director which shall
state at a minimum:
A.
The personal
name, home address and business name and address, if any, of the applicant,
and type of business organization under which the business is operated
(i.e, sole proprietor, partnership, corporation).
B.
The location,
description, listing of and hourly availability of the tow trucks
owned, leased or operated by the applicant.
C.
That the
applicant owns a parcel of a minimum of 1.25 acres of fenced usable
property containing a roofed, secured storage area sufficient to conduct
police investigations as may be required from time to time, which
fenced space and storage area must be owned by the applicant. The
applicant shall provide the address and description of the storage
area premises. Such storage area shall be properly zoned for the storage
of wrecked motor vehicles and shall be screened and planted as directed
by the Township. All towed vehicles shall be stored within a securely
fenced area on the property.
D.
The experience
and training, if any, of the operators of the vehicles proposed for
licensing.
E.
The name,
address, policy number, expiration date and policy limits of applicant's
liability insurance policies.
F.
Such other
information as the Managing Director shall find reasonably necessary
to effectuate the purpose of this chapter and to fairly determine
the applicant's compliance with the terms of this chapter.
G.
Written
permission by the applicant for inspection of the storage area by
Township representatives from time to time.
[Amended 10-20-1992 by Ord. No. 92-17]
An application hereunder shall be accompanied by an application
fee as shall be set from time to time by resolution or ordinance of
the Township Council.[1]
[Amended 10-20-1992 by Ord. No. 92-17; 9-20-1994 by Ord. No. 94-9]
No license shall be issued to an applicant hereunder until he
shall have delivered to the Managing Director certificates of insurance
showing coverage for the following for a minimum period of one year
from date of application and naming the Township as an additional
insured:
Within 20 days of receipt of an application as provided for
herein, the Managing Director shall cause an investigation of the
applicant and his proposed operation to be made by the Chief of Police
of Bristol Township.
[Added 9-20-1994 by Ord.
No. 94-9; amended 9-20-1994 by Ord. No. 94-9]
The Managing Director, before issuing a license, shall satisfy
himself as to the following:
A.
That the
insurance policies required by this chapter are currently in effect
and validly binding for a minimum period of one year.
B.
That the
vehicles and required equipment of the applicant are in a safe and
usable condition.
C.
That the
applicant and his employees are fit and proper people to conduct the
proposed business.
D.
That the
applicant maintains regularly a principal place of business within
the Township of Bristol.
E.
That the
Chief of Police has issued a satisfactory report concerning the applicant.
F.
That the
applicant shall maintain reports, documents and other records as required
by this chapter and established Police Department rules and regulations
at the address stated in his application during the term of his license
and for a three-year period subsequent to the termination or expiration
of his license.
G.
That all
other requirements of this chapter have been met.
Each applicant for a license shall submit proof that he or it
owns, leases or regularly operates, at a minimum, one five-ton-lifting-capacity
wrecker truck and one rollback bed truck, each fully lettered with
the name, address and telephone number of the applicant and each kept
and maintained in a satisfactory manner.
A.
Each truck
shall be equipped, at all times, with all required running and warning
lights, mobile radios (capable of continual two-way communication
with the applicant's base station) and the following factory-manufactured
equipment:
B.
The Township
reserves the right to suspend the license of an operator at any time
an inspection by a Township police officer or a Township official
determines that the required equipment is missing or inoperable.
C.
Any such
suspension of an operator's license shall continue, without rebate
of either the application fee or license fee, until such time as the
Managing Director or his designee determines the applicant is in full
compliance with the terms and conditions of this chapter.
[Amended 10-20-1992 by Ord. No. 92-17; 9-20-1994 by Ord. No. 94-9]
A license shall be issued to a successful applicant hereunder
after payment to the Township of an annual license fee per vehicle
in an amount of $500, which licenses shall be issued each January
valid for a period of one year. Quarterly prorating of the annual
license fee is permissible.
[Amended 10-17-2019 by Ord. No. 2019-02; 9-20-1994 by Ord. No. 94-9; added 9-20-1994 by Ord. No. 94-9; 12-11-2001 by Ord. No. 2001-15]
A wrecker and towing license hereunder shall be issued subject
to the following conditions:
A.
The Managing
Director, following a satisfactory report from the Chief of Police,
shall issue to a licensed wrecker a sticker which shall at all times
be permanently displayed on the right front door of each wrecker or
other vehicle used for towing purposes.
B.
Maintenance of equipment. The wrecker shall keep and maintain towing equipment, specified in § 196-8 hereof, in good condition sufficient to perform towing services in a reasonably workmanlike manner.
C.
Response
to police calls for tow service. The licensee shall respond to the
scene within 15 minutes of receiving the call, except in bad weather
or adverse road conditions.
D.
Interception
of police calls. No wrecker shall intercept police calls by shortwave
radio.
E.
Township-owned
vehicles will be towed at no charge to the Township.
F.
Cleanup
at accident scene. Each licensee called to the scet:ie of an accident
shall clean and remove accident debris from the street or highway,
including but not limited to pieces of the vehicle, broken glass,
damaged property and the like, before licensee or his agent leaves
the scene. Violations of this duty may result in revocation of the
license.
G.
The tower
shall not release an impounded vehicle without written authorization
from the Police Department.
H.
There shall
be no charge for towing a victim’s vehicle as a result of a
police investigation during the tower’s normal business hours.
At all other times the charge for towing a victim’s vehicle
as a result of a police investigation shall not exceed a maximum of
$35.[1]
[1]
Editor’s Note: Former Subsection I, which immediately
followed this subsection and dealt with the towing fee for a damaged
vehicle owned by an innocent victim, added 9-20-1994 by Ord. No. 94-9,
was repealed 11-15-1994 by Ord. No. 94-14. Said ordinance also provided
for the relettering of former Subsection J as Subsection I.
I.
A tower
shall not respond nor stop at any location where a tower or wrecker
service might be required unless and until contacted and authorized
by the Bristol Township Police Department or Bucks County Radio.
J.
When towing
as an independent contractor to the Township of Bristol the fees charged
shall at all times be reasonable and shall in no case exceed the rates
set forth below, or such rates which may from time to time be established
by resolution of the Township Council.
(4)
Unusual
circumstances: Additional fees at reasonably prevailing rates may
be applied in the case of any unusual circumstances, i.e. seriously
wrecked vehicles, vehicles in remote or inaccessible areas, cleanup
of an exceptional amount of debris or like situations.
The Managing Director shall also revoke a license issued hereunder
for any of the following reasons:
A.
The license
was procured by fraudulent conduct or false statement of a material
fact, or 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.
B.
The licensee
illegally employed a shortwave radio to obtain information as to the
location of the scene of an accident or disabled vehicle.
C.
The licensee
paid any form of a gratuity to any third person not involved in the
accident for information as to the location of the accident.
A towing or wrecker license is issued by the Township on the
condition, and with the express agreement of the licensee, that the
licensee shall, at all times, act as independent contractor to, and
not as an employee of, the Township or its Police Department, and
that payment for services rendered pursuant to said license shall
be by the owner, operator or custodian of the disabled or wrecked
vehicle.
[Amended 9-20-1994 by Ord. No. 94-9]
A.
All licensees
shall keep and maintain all of the vehicles listed on its application
in a safe and operable condition and in a condition which shall pass
the motor vehicle inspection standards of the Commonwealth of Pennsylvania
and shall have said vehicles immediately available to answer calls
for service by the Police Department during the duty tow shift assigned
to the licensee. No licensee shall use or employ a vehicle which does
not have the required towing license vehicle sticker displayed as
set forth hereinabove to answer calls by the Township or its Police
Department.
B.
All licensees
shall maintain a minimum response time of 10 minutes from their receipt
of the Police Department's call requesting service to the arrival
of the licensee's appropriate towing vehicle at the location of the
disabled or wrecked vehicle.
C.
If a licensee's
vehicle is delayed while in transit to the requested location, the
vehicle operator shall advise the police dispatcher of the delay and
of his present location, whereupon a determination shall be made by
the appropriate police official as to whether another licensee shall
be called.
D.
All licensees
shall comply with all rules and regulations established by the Police
Department with regard to use of the duty tow.
[Added 9-20-1994 by Ord.
No. 94-9]
A.
All disabled
or wrecked vehicles shall be removed from the roadway immediately
following an accident, in accordance with the Pennsylvania Vehicle
Code.
B.
If the
owner or operator cannot remove the disabled or wrecked vehicle or
refuses or fails to have the vehicle removed within a reasonable time,
a Township police officer shall call the towing licensee assigned
to the police duty tow to effect such a removal.
C.
The Police
Department shall establish rules and regulations for the establishment
of a police duty tower, the rotation of assignment of towing licensees
to the duty tower and the use of the duty tower by Township police
officers.[1]
[1]
Editor's Note: Original Section 15, which provided that this
chapter become effective 10 days following the date of its enactment
and further provided for a time limit for compliance and licensing
provision for vehicles during 1986, was deleted 10-20-1992 by Ord.
No. 92-17.
D.
The tower
shall not leave the accident scene until it is free of all debris,
including but not limited to vehicle parts, glass, fluids and other
trash resulting from the accident.
[Amended 10-20-1992 by Ord. No. 92-17; 9-20-1994 by Ord. No. 94-9; 11-15-1994 by Ord. No. 94-14]
Any person who violates any of the provisions of this chapter
shall be liable, upon conviction for a third offense before any District
Justice, to a penalty not exceeding $600, together with interest and
court costs as is otherwise provided for in this chapter, and upon
default in payment of such penalty or penalties with interest and
court costs, shall be subject to imprisonment for a term not exceeding
30 days.
