This chapter shall be known and may be cited as the "Lower Makefield
On-Call Wrecker Ordinance."
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 Township Manager upon approval
by the Township Chief of Police.
Applications for licenses issued hereunder shall be made upon blank
forms prepared and made available by the township and shall state:
A. The name, home address and proposed business address
of the applicant.
B. The location description and hourly availability of the
tow trucks owned or operated by the applicant and the rates for services thereof.
C. That the applicant has available space for properly accommodating
and protecting all disabled motor vehicles to be towed or otherwise removed
from the place where they are disabled.
D. A schedule of reasonably competitive rates shall be submitted
showing the charges to be made for all aspects of on-call towing.
E. Such other information as the Township Supervisors shall
find reasonably necessary to effectuate the purpose of this chapter and to
arrive at a fair determination of whether the terms of this chapter have been
complied with.
Within five (5) days after receipt of an application as provided for
herein the Chief of Police shall cause an investigation to be made of the
applicant and of his proposed operation.
The township shall issue a license hereunder when it finds that:
A. The public convenience and necessity will be assisted
by the applicant being licensed to be placed on an on-call status.
B. Insurance policies as required in this chapter have been
procured.
C. The applicant and all employees are fit and proper persons
to conduct or work in the proposed business.
D. The requirements of this chapter and all other governing
laws and ordinances have been met.
E. The applicant has submitted the required schedule of
fees and costs for services which are reasonably competitive for the market
in the area of the township.
A license shall be issued to a successful applicant hereunder after payment to the township of a license fee as set forth in Chapter
A205, Fees.
The Chief of Police shall adopt and enforce reasonable rules and regulations
for wreckers. A copy of this chapter and the rules and regulations shall be
posted and available to the Duty Shift Commander at all times in order to
resolve conflicts as they arise.
The township shall revoke a license issued hereunder when it finds any
of the following grounds:
A. The license was procured by fraudulent conduct or false
statement of a material fact or that 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 in the form of a gratuity any third
person not involved in the accident for information as to the location of
the accident.
D. The licensee has violated the fee schedule by overcharging,
which allegations may be confirmed by written complaints from the public.
E. The licensee has violated any of the requirements of
this chapter or any of the rules and regulations as established by the Chief
of Police or the Township Supervisors.
The owner of any vehicle whose vehicle becomes disabled on the roads,
streets or highways of the township shall have the right to select a tower
of their own choosing to remove the disabled vehicle providing that the tower
chosen by the owner shall be reasonably available to remove the vehicle in
order to ensure safe passage in and upon the streets, roads and highways of
the township.