As used in this chapter, the following terms shall have the meanings
indicated:
ABANDONED VEHICLE
A.
A vehicle, other than a pedalcycle, shall be presumed to be abandoned
under one (1) or more 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 forty-eight (48) hours.
(2)
The vehicle has remained illegally on a highway or other public property
for more than forty-eight (48) hours.
(3)
The vehicle is left unattended on or along a highway or other public
property for more than forty-eight (48) hours and does not bear the following:
(a)
A valid registration plate.
(b)
A certificate of inspection.
(c)
An ascertainable vehicle identification number.
B.
The vehicle has remained on private property without the consent of
the owner or person in control of the property for more than forty-eight (48)
hours.
C.
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,
will not be considered to be abandoned.
DISABLED VEHICLE
Any motor vehicle which is inoperable due to mechanical failure or
malfunction but is not wrecked.
IMPOUNDING AUTHORITY
The authority of the Chief of Police, any peace officer or official
having such authority by law to impound any motor vehicle for any lawful reason(s).
OWNER
Any person who holds the legal title of a motor vehicle or who has
the legal right of possession thereof.
STORAGE FACILITY
A garage, parking lot or any type of facility owned by a person other
than a governmental entity for storing or parking ten (10) or more vehicles
which is in full compliance with the Pennsylvania Department of Transportation,
Bureau of Motor Vehicles/Salvor Unit.
VEHICLE
Every device in or by which any person or property is or may be transported
or drawn upon a public highway, except devices moved only by human power or
used exclusively upon stationary rail or tracks, and shall include trailers
and semitrailers.
WRECKED VEHICLE
Any motor vehicle which is disabled due to collision with another
vehicle or object.
WRECKER
Any motor vehicle used for the purpose of towing or removing disabled
or wrecked vehicles.
WRECKER BUSINESS
The business of towing or removing disabled, wrecked or abandoned
vehicles on the public street or right-of-way.
No person shall solicit in any manner, directly or indirectly, on the
streets of the city, the business of towing any vehicle which is wrecked or
disabled due to accident or police action on a public street, regardless of
whether the solicitation is for the purpose of soliciting the business of
towing, removing, repairing, wrecking, storing, trading or purchasing said
vehicle.
The impounding of any vehicle in any vehicle storage facility which
is in full compliance with the Pennsylvania Department of Transportation Bureau
of Motor Vehicles/Salvor Unit, shall be at the direction of the Chief of Police,
any peace officer or official having such authority by law. Police officers
requiring access to any vehicle stored in a storage facility lot as part of
an official investigation shall be permitted such access on a twenty-four-hour
basis.
This chapter shall be cumulative of all laws of the commonwealth and
the United States governing the subject matter of this chapter.
The Chief of Police is hereby authorized to allow wrecker owners without
a permit to haul wrecked or disabled vehicles when police investigation is
finished and the same is not in any way interfering with traffic.
While at the scene of an accident, the wrecker or wreckers which have
been dispatched shall be under the direction of the police officer investigating
the accident and shall carry out his or her instructions, including the cleaning
of glass and debris.
A wrecker permit may be revoked by the City Council upon a determination
by it that:
A. The owner of the wrecker for which such permit was issued
or any employee or agent of such owner or the applicant for such permit or
any employee or agent of such applicant has violated any provision of this
chapter within the sixty (60) days immediately preceding the date of revocation.
B. The owner of the wrecker for which such permit was issued or the applicant for such permit is failing to comply and to maintain such wrecker in compliance with the requirements set forth in §
210-2D of this chapter for the issuance of such permit.
C. The owner of the wrecker for which such permit was issued
or any employee or agent of such owner or the applicant for such permit or
any employee or agent of such applicant has been convicted, within sixty (60)
days immediately preceding the date of revocation, of a moving violation of
the traffic laws of the Commonwealth of Pennsylvania or its political subdivisions,
provided that such moving violation occurs while the violator is driving or
operating a wrecker for which a permit has been issued under the provisions
of this chapter.
D. The owner of the wrecker for which such permit was issued
or any employee or agent of such owner or the applicant for such permit or
any employee or agent of such applicant has used information received from
a broadcast on the shortwave radio frequency of the Police Department or Fire
Department for his or her own benefit or for the benefit of another person
in connection with the operation of wrecker business within the sixty (60)
days immediately preceding the date of revocation.
No towing carrier shall commence to tow any vehicle unless the conditions
enumerated in at least one (1) of the following Subsections A through C are
first met:
A. The towing service is requested by the custodian of the
vehicle to be towed. "Owner" or "custodian of the vehicle," as used herein,
shall include any person legally entitled to possession of said vehicle.
B. The towing service is to be performed pursuant to the
direction of a duly constituted law enforcement officer.
C. The vehicle is to be towed from private property upon
the direction of the owner of the property or an agent of the owner of such
property to remove such vehicle therefrom. Such direction shall be in writing
and shall identify the vehicle and the time and place of pickup of the vehicle
and the destination or delivery point.