[Ord. 377, 3/22/1989, § 101; as amended by Ord.
389, 6/27/1990, § 4]
For the purpose of this part, the following words and phrases
shall have the meanings indicated herein below. When not inconsistent
with the context, words used in the present tense shall include the
future; words used in the singular shall include the plural; and words
used in the plural shall include the singular. The word "shall" is
always mandatory and not merely directory.
An automobile, truck, truck tractor, trailer, motorcycle,
motor home, or other vehicle or device in, upon or by which any person
or property is or may be transported or drawn upon a highway, road
or street which is no longer capable of safe operation on a highway,
road or street and presents a safety hazard to the public by virtue
of its location on or adjacent to a public highway, road or street
in the Township of Lower Southampton.
A flatbed vehicle equipped with a roll body and which is
designed for and capable of lifting and transporting passenger and
commercial vehicles.
A vehicle with a minimum twenty-five-ton capacity designed
for and capable of lifting and transporting passenger and commercial
vehicles.
Vehicles must be leased for a fixed period of greater than
three years and for a fixed flat rate. Lessor must be a business,
company, entity or corporation whose usual and customary business
is that of leasing motor vehicles.
A vehicle designed for and capable of lifting and transporting
passenger vehicles.
Any individual person, firm, partnership, association, corporation,
company or organization of any kind.
The Police Department of the Township of Lower Southampton.
A person engaged in the business or offering the services
of a vehicle wrecker, tow truck, car carrier or other vehicle, whereby
disabled or wrecked or abandoned vehicles are towed or otherwise removed
from the place where they are disabled or wrecked or abandoned by
use of a vehicle so adapted to that purpose.
The Township of Lower Southampton.
[Ord. 377, 3/22/1989, § 102]
No person shall offer his services to or be called by the Township
or its Police Department as a tower for the purpose of removal of
disabled or wrecked or abandoned vehicles unless that person is the
holder of a current towing license as hereinafter provided.
[Ord. 377, 3/22/1989, § 103; as amended by Ord.
389, 6/27/1990, § 2; and Ord. 532, 9/10/2008]
1.
Applications for a towing license shall be made to the Township Manager
upon a form available from his or her office, which form shall require
the following information:
A.
The name, address and telephone number of the business for which
the towing license is sought.
B.
The type of business organization under which the business is operated,
i.e., sole proprietorship, partnership, corporation, etc.
C.
The name, home and business addresses and telephone numbers of all
the owner(s) or, in the case of a corporation, stockholder(s) of the
business for which the towing license is being sought.
D.
A list of the tow trucks, vehicle wreckers, car carriers or other
vehicles available for service to the Township, including description
of each vehicle or piece of equipment (type, make, model, year, etc.),
the name and address of the owner/lessee of each vehicle or piece
of equipment, and their location and hourly availability.
E.
The addresses and description of the premises upon which any disabled
or wrecked vehicles will be towed to and/or stored, including the
size of the area on the premises available for storage of vehicles,
the approximate number of vehicles which may be stored in the area,
whether said area is fenced, and a description of any security precautions
or protection methods for vehicles stored in said area.
F.
A certificate of insurance or other proof acceptable to the Township
that the applicant has obtained the general liability and garage keeper's
liability insurance required for the issuance of a towing license.
2.
Applications for a towing license shall be made and signed by the
owner(s) of the business for which the license is sought or, in the
case of a corporation, the president of the corporation.
3.
Applicants must execute an agreement to indemnify the Township for
any and all losses or expenses incurred by virtue of any acts performed
in the course of service.
4.
The application for a towing license shall be accompanied by an application
fee in an amount as established from time to time by resolution of
the Board of Supervisors.
5.
The application shall be reviewed by the Township Manager and the
Township Police Department within 20 days of the receipt of the application
and application fee, and the Township Manager shall promptly thereafter
advise the applicant of whether the license has been approved or disapproved.
6.
Towing licenses shall be issued for a period of one year, commencing
on January 1 and terminating on December 31 of each year. Any applicant
whose application for a license has been approved shall be issued
a license effective the following January 1.
A.
In the event that there are less than four licensed towers approved
by the Township, the Township may issue licenses during the calendar
year in order to increase the number of licensed towers to four.
B.
Applications shall be reviewed and approved or denied in the chronological order in which they are received by the Township Manager. An application shall not be deemed received by the Township Manager unless it is completed and contains all of the items set forth in § 13-503 hereof.
C.
At no time shall there be more than four licensed towers approved
by the Township.
[Added by Ord. 582, 2/28/2018]
[Ord. 377, 3/22/1989, § 104; as amended by Ord.
389, 6/27/1990]
A towing license shall be issued to all applicants who meet
all of the following requirements:
A.
The following vehicles shall be owned or leased exclusively by the
applicant, garaged on the premises from which the applicant's towing
business is conducted, and available on call for the service at the
request of the Township or its Police Department:
[Amended by Ord. 582, 2/28/2018]
B.
All of the aforesaid required vehicles shall bear a sign indicating
the name and telephone number of the applicant's towing business,
and the applicant shall make said vehicles available for verification
by the Township.
C.
All of the aforesaid required vehicles shall be maintained in a safe
and usable operating condition.
D.
A fenced-in storage yard or other secure facility, open or closed,
containing not less than 10,000 square feet, shall be located on the
premises from which the applicant's towing business is conducted,
and such yard or storage area shall be authorized by the appropriate
zoning, use and occupancy, and other municipal permits. The applicant
shall permit inspection of the storage yard or facility by the Township.
The applicant shall install screening and comply with all the provisions
of state and federal highway beautification acts.
E.
The applicant's place of towing business shall be located within
the Township boundaries in order that the response time to a call
for service is immediate. In the event that any tower or towers who
have been in continuous duty tow service to the Township of Lower
Southampton at the time of the enactment of this part are in violation
of this paragraph, said tower or towers shall not be denied a license
if the place of their towing business is within a three-mile radius
of the Township.
G.
All of the aforesaid vehicles shall be equipped with a two-way communication
system such as two-way radios or mobile telephones.
H.
All licensed towers are required to operate a fenced-in storage yard
or other secured storage facility within Lower Southampton Township.
The storage yard or secured storage facility must be solely used for
towing storage and operations and may not be comingled with other
business purposes.
[Added by Ord. 582, 2/28/2018]
(1)
Licensed
towers who have been granted permits within the Township without interruption
from the enactment of this subsection are omitted from this requirement
so long as permits are renewed annually without interruption. In the
event that a lapse occurs for an annual period, this exemption is
no longer applicable.
[Ord. 377, 3/22/1989, § 105; as amended by Ord.
532, 9/10/2008]
1.
A towing license shall be issued to each applicant whose application
has been approved by the Township Manager upon payment to the Township
of a license fee listed on the towing license application, in an amount
as established from time to time by resolution of the Board of Supervisors.
2.
The towing license shall be prominently displayed on the premises
where the applicant's towing business is conducted.
3.
Along with the issuance of a towing license, a vehicle sticker shall
be issued for each said vehicle listed on the application, which sticker
shall be prominently displayed on the right front door of each said
vehicle.
4.
A towing license shall be effective for a period of one year from
the date of its issuance.
[Ord. 377, 3/22/1989, § 106]
A towing license is issued by the Township on condition of and
with the express agreement of the licensee that the licensee shall,
at all times, act as an 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, wrecked or abandoned vehicle.
[Ord. 377, 3/22/1989, § 107; as amended by Ord.
389, 6/27/1990, § 5; and Ord. 396, 3/27/1991, § 1]
1.
All licensees shall keep and maintain all of the vehicles listed
on their application in a safe and operable 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 by the licensee. All licensees shall not 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.
2.
All licensees shall respond within 15 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 or abandoned vehicle, and within 30 minutes in
the event that additional towing vehicles are necessary, except in
bad weather or adverse road conditions.
[Amended by Ord. 582, 2/28/2018]
3.
If any licensee cannot respond to the service call from the Police
Department with the appropriate towing vehicle or in a minimum response
time, the licensee shall make arrangements with another licensee to
respond to the call and shall so advise the police dispatcher. 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.
4.
Fees charged by the licensee, when towing as an independent contractor
to the Township of Lower Southampton, shall not exceed the maximum
rates established by resolution of the Board of Supervisors of the
Township of Lower Southampton. The Township shall review, upon request
of the then current duty towers, the fee schedule resolution adopted
pursuant to this part at intervals of not less than six months, and
is empowered to change, amend or revise said fee schedule by resolution.
5.
All licensees shall be responsible for removing vehicular parts and
debris from the highway. Liquid cleanup of oil and antifreeze is also
the responsibility of the licensees. No additional liquid cleanup
is required of the licensee. Fee for cleanup shall be as set forth
and included in the Township's fee schedule resolution.
[Amended by Ord. 582, 2/28/2018]
6.
All licensees shall comply with all rules and regulations established
by the Police Department with regard to use of the duty tow.
7.
Fees charged by the licensee for storage shall not exceed the maximum
rates established by resolution of the Board of Supervisors of the
Township of Lower Southampton.
8.
Licensees shall permit the owners of vehicles towed to have access
to their vehicles while in storage in order to inspect the vehicle
or remove any personal property from the vehicle which is not physically
attached to the vehicle.
9.
All licensees shall make reasonable accommodations to accept payment.
Facilities must have the ability to receive and accept payment tendered
at the location where the vehicle is stored
[Added by Ord. 582, 2/28/2018]
10.
All licensees shall refrain from employing any individuals who have
been convicted of theft, fraud, a violent criminal offense, or for
felony narcotics crimes.
[Added by Ord. 582, 2/28/2018]
11.
All licensees shall refrain from charging fees for towing vehicles
of the Police Department of Lower Southampton Township.
[Added by Ord. 582, 2/28/2018]
[Ord. 377, 3/22/1989, § 108]
1.
All disabled or wrecked vehicles shall be removed from the roadway
immediately following an accident, in accordance with the Pennsylvania
Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
2.
If the owner or operator cannot remove the disabled or wrecked or
abandoned 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.
3.
The Police Department shall establish rules and regulations for the
establishment of a police duty tow, the rotation of assignment of
towing licensees to the duty tow, and the use of the duty tow by the
Township police officers.
[Ord. 377, 3/22/1989, § 109; as amended by Ord.
396, 3/27/1991, § 2]
1.
A towing license shall be suspended upon a finding by the Township
Manager of any of the following grounds:
A.
That any of the equipment which is required to be owned or leased
by the licensee under this part is missing, inoperable or unsafe.
B.
Any failure of the licensee or its operators to comply with § 13-507, Duties of licensees, Subsections 1, 2 or 3 (first offense).
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 Township Manager or the Township Manager's designee determines
that the licensee is in full compliance with the terms and conditions
of this part as it relates to the equipment required hereunder.
2.
A towing license shall be revoked upon a finding by the Township
Manager of any of the following grounds:
A.
The license was procured by fraudulent conduct or false statement
or omission of a material fact.
B.
The licensee's failure to perform or violation of any of the duties of the licensee as set forth hereinabove in § 13-507, Duties of licensees, Subsections 4 through 8, inclusive.
C.
The licensee no longer meets all of the standards for issuance of
a towing license.
D.
The licensee's application is found to be defective in any way or
contains misinformation or omissions of fact.
E.
A second failure of the licensee to comply with § 13-507, Subsections 1, 2 or 3, where the licensee's license has been suspended on one prior occasion for a violation of the terms of these sections of this part.
F.
Failure of the licensee to comply with any of the terms of this part
when, in the sole discretion of the Township Manager, such failure
is willful and intentional or when such failure or the reckless conduct
of the licensee or its operator jeopardizes the personal safety of
a police officer or any other individual.
