[Ord. 1726, 10/14/1991]
This Part is enacted under authority of § 6109(a-22)
of the Vehicle Code[1], and gives authority to the Township of Ross to remove
and impound those vehicles which are parked in a tow away zone and
in violation of parking regulations of this chapter. Vehicles which
have been abandoned (as defined by the Vehicle Code) or which are
parked in such a manner as to interfere with traffic or pose a hazard
to others, may be towed under the provisions of the Pennsylvania Motor
Vehicle Code.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
[Ord. 1726, 10/14/1991]
The Township of Ross shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 15-501 of this Part. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this Part, or the provisions of the Pennsylvania Vehicle Code.
[Ord. 1726, 10/14/1991; as amended by Ord. 1763, 5/23/1992;
by Ord. 1793, 1/11/1993; and by Ord. No. 2412, 8/20/2018]
The following designated streets and/or parking lots are hereby
established as tow-away zones. Signs shall be posted to place the
public on notice that their vehicles may be towed for violation of
the Township parking regulations:
|
Street
|
Side
|
Between
|
|---|---|---|
|
Carnation Avenue
|
Gass Road side
|
Houses numbered 155 and 161
|
|
Tillotson Circle East
|
Houses numbered 118 and 120
|
[Ord. 1726, 10/14/1991; as amended by Ord. No. 2412, 8/20/2018]
1.
CHIEF OF POLICE
TOWING COMPANY
TOWING LIST
TOWNSHIP
TOWNSHIP MANAGER
VEHICLE
WRECKER
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The Chief of Police of Ross Township or the Chief's designee.
Any business engaged in the towing, removing or storing of
motor vehicles at the request of Ross Township, including the towing
company owner and its employees. "Towing company" shall include "towing
companies."
The list of towing companies authorized by the Township Board
of Commissioner to tow, remove or store vehicles within the Township,
which list is maintained by the Chief of Police or the Township Manager.
Ross, Township, Allegheny County, Pennsylvania.
The Chief Administrative Officer of Ross Township.
For the purposes of this section, all automobiles, trucks,
trailers and other vehicles of any kind shall be referred to as "vehicle(s)."
A vehicle designed and used for removing and transporting
motor vehicles. This term shall also include a flatbed truck, rollback
truck, tow truck or other vehicle commonly used to perform towing
services.
2.
Creation of Towing List. Any towing company engaged by the Township
to perform services in the Township shall be authorized every other
year and included on the towing list in accordance with the provisions
of this section.
A.
Applications for Inclusion on Towing List. Applications for inclusion
on the towing list may be accepted at any time and shall be submitted
to the Township Manager and/or Chief of Police upon forms prepared
and made available by the Township. The application form shall be
properly completed and signed by an agent, owner or manager of a towing
company. The Chief of Police shall review and inspect the facility
and towing equipment and all applications for compliance with the
terms of this section.
B.
Authorization of Towing List. Authorization of each towing company
to be included on the towing list shall be determined by the Township
Board of Commissioners. Inclusion on a towing list may be issued to
only towing companies that comply with the provisions of this section
and shall not create a contractual or property right for the towing
company. Compliance with this section does not guarantee inclusion
on a towing list.
3.
Towing fees. Each towing company that applies to be placed on the
towing list shall provide the Township Manager and/or Chief of Police
with a fee schedule for services offered during normal business hours,
after normal business hours, and for storage. Said fee schedule shall
remain for the calendar year. Towing companies included on a towing
list must submit a fee schedule for subsequent years no later than
January 15 every other year. The towing fee shall be incurred at the
time the towing company is on scene and begins operations. Payment
of the towing fee/bill shall be the responsibility of the person or
entity in need of the towing service or the owner of the vehicle to
be towed, whichever is applicable in the particular instance.
4.
Minimum Qualifications. To be included on the towing list, towing
companies shall meet the minimum qualifications as follows:
A.
Maintain at least two wreckers that are in safe mechanical condition
and are properly titled, registered, and inspected.
B.
Maintain at least one wrecker that is owned or leased by the towing
company and is not used or operated by any other towing company.
C.
All wreckers shall be clearly marked with the towing company's name,
telephone number and United States DOT number on each side of the
vehicle.
D.
All wreckers shall be equipped with the appropriate safety equipment
(fire extinguishers, warning devices, etc.) and any other equipment
necessary to perform the towing function and shall comply with the
Pennsylvania Vehicle Code[1] regarding removal of debris.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
E.
Provide their employees with training on the proper and safe removal
and cleanup of accident debris from the roadways. Each towing company
will also provide each employee involved in towing with training regarding
the safe and proper methods of towing disabled and/or damaged vehicles.
Each towing company will also ensure that each person operating towing
equipment possesses a valid driver's license and is properly licensed
to operate the equipment via their respective licensing/operating
privilege.
F.
Accessibility, Storage Facility and Hours of Operation.
(1)
Towing companies must be directly accessible and available 24
hours per day, seven days per week, by no more than two phone numbers.
Once included on the towing list, each phone number must be provided
to Allegheny County Emergency 911 Center and to the Township Police.
(2)
Towing companies must have adequate storage facilities, located
in the Township or within two miles of a Township boundary, for impoundment
of vehicles, which shall be capable of storing all standard-sized
vehicles requiring towing and of being locked, preventing general
access. The towing company shall be responsible for the security of
the stored vehicles.
(3)
The towing company shall be regularly open for business a minimum
of 40 hours per week, Monday through Friday.
5.
Insurance. Towing companies shall maintain minimum levels of insurance
and provide documentation as indicated herein and name the Township
as an additional party insured.
A.
The minimum amount of liability coverage, via primary or umbrella
insurance, shall be $1,000,000.
B.
Insurance coverage shall be maintained with an insurance carrier
licensed in the Commonwealth of Pennsylvania and have an AM Best rating
of A-VI.
C.
Towing companies must provide copies of certificates of insurance
showing garage liability coverage, including garagekeepers' coverage,
on a primary basis.
D.
If a towing company receives notification of insurance cancellation,
the Township must be notified no less than 60 days prior to the cancellation
date.
6.
Towing Rotation.
A.
The Chief of Police shall maintain the towing list, and may be authorized
by the Township Board of Commissioners to select towing companies
from the towing list on a rotating schedule.
B.
"Rotating schedule" means that the towing companies may rotate on
a schedule set by the Chief of Police at his discretion.
C.
A towing company that is on a towing list and refuses, is not available,
does not answer a call from the Township, or otherwise does not meet
the required response time may be replaced by another towing company
on the towing list. Any towing company that refuses a call or is unavailable
three times within a two-month period shall be placed on review with
the Chief of Police, with the possibility of removal from the towing
list.
D.
The rotating schedule may be disregarded in an emergency, when removal
of a vehicle is critical to public safety, as determined by the investigating
police officer, or when the owner/operator of a vehicle specifically
requests another towing company on the towing list.
7.
General Regulations.
A.
A towing company called by the Township to perform services shall
respond to the tow location within 20 minutes of the request, unless
there are circumstances, such as adverse road conditions or traffic
congestion, that are beyond the towing company's control.
B.
Nothing in this section is intended to permit or encourage a towing
company to violate any provision of the Pennsylvania Vehicle Code
or to operate a vehicle in an unsafe manner.
C.
Towing company owners shall be responsible for the conduct of all
drivers and employees. The driver's license of a person towing for
the towing company is subject to inspection by the Chief of Police.
8.
Prohibited Acts. It shall be unlawful for any towing company to:
A.
Subcontract towing services requested by the Township.
B.
Respond, tow or move a vehicle from or within public property without
the consent of the owner or operator, or without being summoned by
the Township.
C.
Use "Ross Township" in the name of the towing company.
D.
Arrive at the scene of any incident/accident without being requested
to do so by the Township, and/or the owner/operator of a vehicle being
towed.
E.
Approach any vehicle operator or passenger at the scene of any incident/accident
to solicit any service offered by the towing company.
9.
10.
Appeal of Removal from Towing List. Any towing company that is removed
from the towing list will be so notified in writing by the Chief of
Police within 10 business days of the determination of removal and
will be allowed to file an appeal, in writing, within 10 business
days of the date of the removal. This appeal shall be filed in the
office of the Township Manager. The Township Manager will respond
to the appellant within 10 business days of receipt of the appeal
with a final decision. No further appeals shall be permitted.
[Ord. 1726, 10/14/1991]
The payment of towing and storage charges shall not relieve
the owner or driver of any vehicle from liability for any fine or
penalty for the violation of the provision of this chapter for which
the vehicle was removed or impounded.
[Ord. 1726, 10/14/1991; as amended by Ord. No. 2412, 8/20/2018]
The Township shall cause a record to be kept of all vehicles
impounded under this Part and shall be able at all reasonable times
to furnish the owners or the agents of the owners of those vehicles
with information as to the place of storage of the vehicle.
[Ord. 1726, 10/14/1991]
No vehicle shall be removed under the authority of this Part
or the Vehicle Code if, at the time of the intended removal, the owner
or the person for the time being in charge of the vehicle is present
and expresses a willingness and intention to remove the vehicle immediately.
[Ord. 1726, 10/14/1991; as amended by Ord. No. 2412, 8/20/2018]
With the exception of Subsection 9A above, any person who shall violate any provision of this Part 5 shall, upon conviction thereof, be sentenced to pay a fine of $50 together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 P.S. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
[Ord. 1726, 10/14/1991]
If after a period of 15 days the vehicle in storage remains
unclaimed, a report shall be filed with PennDOT in accordance with
§ 7311 of the Vehicle Code, by the person having legal custody
of the vehicle. If the vehicle has not been claimed after 30 days,
the vehicle may be transferred to a licensed Salvor who will then
be responsible for filing the proper reports and disposing of the
vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania
Motor Vehicle Code, 75 Pa.C.S.A. § 101 et seq., as amended.
