[HISTORY: Adopted by the Borough Council of the Borough of
Ridley Park 3-12-1996 by Ord. No.
1075. Amendments noted where applicable.]
A.
The purpose and intent of this chapter is to regulate the towing
of vehicles from public or private property without the consent of
the owner or operator of the vehicle by a towing service operator
on behalf of a private property owner or a lienholder or lessor of
the vehicle; to provide notice to the Ridley Park Police Department
of vehicles towed from public or private property without the consent
of the owner or operator of the vehicle; to provide for licensing
of such towing services; and to avoid erroneous reports of stolen
vehicles being submitted to the Ridley Park Police Department.
B.
This chapter shall not apply to any towing service removing a vehicle
from a private garage, residence or other public or private property
with the prior consent of the owner or operator of the vehicle.
C.
Towing companies shall be exempt from compliance with this chapter
while engaged in the repossession of vehicles on behalf of lien holders
or lessees of vehicles. However, at least one-hour prior to beginning
the repossession of a vehicle, the towing company must notify the
Ridley Park Police Department of its intention to repossess the vehicle,
must provide the Police Department with the name of the vehicle owner
and the address at which the repossession is intended to take place
and provide proof of the right to repossess the vehicle.
[Added 3-12-2002 by Ord.
No. 1111]
No persons, firm or corporation shall provide or engage in any
towing service within the Borough of Ridley Park without first having
obtained a license for such activity from the Borough of Ridley Park.
Application for license issued hereunder shall be made upon
forms prepared and made available by the Borough Secretary or designee
and shall include such information as required to comply with this
chapter or any other ordinance, law, rule or regulation of the Borough.
The fee for a license shall be $100 per calendar year. All fees
shall be payable to the Borough of Ridley Park. The fee may be amended,
modified or changed by resolution of Borough Council.
A.
No license shall be issued until the applicant has provided certificate
of insurance providing: liability insurance for personal injury and
property damage with limits not less than $100,000 for each person
and $300,000 for each occurrence and not less than $25,000 for property
damage; and garagekeeper's legal liability insurance with limits
not less than $50,000.
B.
Each policy herein must contain an endorsement providing 10 days'
notice to the Borough in the event of any material change or intention
to cancel said policy for any cause. If the policy or certificate
is not corrected, reinstated or replaced prior to the date of cancellation,
the license is immediately revoked.
Each licensee shall maintain a current bond with the Borough
in the sum of $10,000 in form and with surety satisfactory to the
Borough, conditioned upon the faithful performance discharged by the
towing service of its duties as bailees of removed vehicles and to
indemnify the owners of vehicles against loss, injury or damage while
in its custody.
If the Borough Secretary or designee shall deny any application
or renewal for a license, the applicant shall have the right to appeal
such denial to Borough Council within seven days thereof. The decision
of Borough Council shall be final. The Chief of Police or the Mayor,
upon determining that any provision of this chapter has been violated,
may suspend or revoke a license issued hereunder. Appeal from such
suspension or revocation shall be made to Borough Council within seven
days thereof and the licensee may request a hearing.
[Amended 3-12-2002 by Ord. No. 1111]
Each licensee must notify the Ridley Park Police Department
by telephone to 911 or in such a manner directed in writing by the
Police Department of the removal of a vehicle from public or private
property within 30 minutes of such removal with the description and
license number of the vehicle thus removed. Also, notify the Police
Department of the removal of the vehicle in writing within six hours
of the removal of the vehicle on a form provided by the Ridley Park
Police Department.
Each licensee shall display the name of the towing service or
the person operating it, together with a valid phone number, by signs
on both sides of the tow truck. Each licensee shall display the current
towing license obtained from Ridley Park on the tow truck.
[Added 3-12-2002 by Ord.
No. 1111]
A.
No person shall remove or cause to be removed a vehicle on a private
lot without authorization unless signs are posted as follows:
(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 the owner's
expense, the name and phone number of the towing agency and the hours
of the tow operation.
(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 the 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 Chief
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.
The licensing of towing operators pursuant to this chapter shall
create no liability for the Borough of Ridley Park. The duties performed
by the Borough pursuant to this chapter are general duties owed to
the public. No person is authorized to create a special duty to anyone
either by representation, act or omission. Licensees pursuant to this
chapter shall indemnify the Borough to the fullest extent allowable
by law.
[Added 1-11-2000 by Ord.
No. 1097]
A.
Towing cost and hooking fee of vehicles weighing less than 10,000
pounds. The cost of towing passenger cars and other vehicles weighing
less than 10,000 pounds hooked and removed from the premises shall
not be in excess of $95 for each crane tow or wheel lift. In all instances
when a passenger car or other vehicle weighing less than 10,000 pounds
is hooked and the owner/operator returns prior to the vehicle being
removed, tow operators shall charge no more than a fifty-dollar hooking
fee and shall release the vehicle to the owner/operator immediately
upon receipt of the fee.
[Amended 3-12-2002 by Ord. No. 1111]
B.
Storage cost of vehicles weighing less than 10,000 pounds. The storage
fee shall not be in excess of $40 per day.
[Amended 3-12-2002 by Ord. No. 1111]
C.
Towing cost and hooking fee of vehicles weighing more than 10,000
pounds. The cost of towing vehicles that weigh more than 10,000 pounds
shall not be in excess of $165 per hour. In all instances when a vehicle
weighing more than 10,000 pounds is hooked and the owner/operator
returns prior to the vehicle being removed, tow operators shall charge
no more than a one-hundred-dollar hooking fee and release the vehicle
to the owner/operator immediately upon receipt of the fee.
[Amended 3-12-2002 by Ord. No. 1111]
D.
Storage cost of vehicles weighing more than 10,000 pounds. The storage
fee shall not be in excess of $50 per day.
[Amended 3-12-2002 by Ord. No. 1111]
E.
Change of costs. Borough Council may from time to time adopt a resolution
to amend, modify or change the costs for towing and storage of vehicles
under this chapter, Ordinance No. 1075, or any amendments thereto.
Any person or entity who shall violate any of the provisions
of this chapter shall, upon conviction, be sentenced to pay a fine
of not less than $100 nor more than $500 and costs of prosecution
and, upon refusal to pay such fine and costs, to undergo imprisonment
not exceeding 30 days. Each violation of any of the provisions of
this chapter and each day there is a violation thereof shall be deemed
to be a separate and distinct offense. In addition, Borough may refuse
to renew any license previously issued hereunder for violation of
any of the provisions of this chapter.
