[Ord. 1919, 8/12/1996]
The Township of Ross does hereby express it to be its public
policy to appoint motor vehicle transporters. A motor vehicle transporter
shall mean any person, firm or corporation or any employee thereof
engaged in the business of transporting wrecked, disabled, abandoned,
stolen, illegally parked or police impounded motor vehicles from the
place where they had been disabled or parked. Appointee(s) agree requirements
for transporting motor vehicles only apply to all motor vehicles which
come into the care, custody and control of the appointee(s) by virtue
of the appointment.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) shall be placed on the police rotation towing list and
appointee(s) shall serve for a calendar period of two consecutive
weeks and be available each day and hour thereof. The police rotation
list shall mean the list maintained by the Safety Department of motor
vehicle transporters officially appointed by the Township of Ross
to be notified by the police dispatcher to remove wrecked, disabled,
abandoned, stolen, illegally parked or police impounded vehicles.
2.
In the event any appointee is unavailable for service during all
or any portion of appointee's two-week calendar appointment, the next
scheduled appointee shall be placed in service with no effect on the
replacement appointee's next regular two-week calendar appointment.
It shall be the responsibility of appointee(s) to notify the Ross
Township Police Department when appointee is out of service for valid
reasons such as illness or mechanical failure. Appointee shall notify
and receive approval from the Ross Township Police Department before
returning to service.
[Ord. 1919, 8/12/1996]
Appointee(s) shall operate in accordance with the laws and regulations
of the Commonwealth of Pennsylvania and the provisions of this Part.
[Ord. 1919, 8/12/1996]
Appointee(s) shall have personnel able to respond to and arrive
at the location within 20 minutes from dispatch with appropriate equipment
to complete the assignment.
[Ord. 1919, 8/12/1996]
1.
The Township of Ross does hereby expresses it to be its public policy
to approve motor vehicle storage locations operated by appointee(s).
Appointee(s) agree storage requirements apply only to all motor vehicles
and parts thereof, be it short term or long term storage, which came
into the care, custody and control of appointee(s) by virtue of the
appointment.
3.
Appointee(s) shall store all police impounded motor vehicles within
this enclosed secure building. Police impounded motor 'vehicles shall
be defined in § 3352(c) of the Vehicle Code, 75 Pa.C.S.A.
§ 3352(c), or any other motor vehicle to be impounded for
cause by the Ross Township Police Department.
4.
Appointee(s) shall provide adequate outside storage area. Said outside
storage area shall have:
5.
All police impounded motor vehicles shall be stored within the enclosed
secure building. All other motor vehicles may be stored within the
fence enclosed outside storage area. All storage areas shall be owned
by or leased to appointee(s) and shall be used exclusively by appointee(s)
and their employees.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) shall own or lease and maintain in proper working condition,
equipment which consists, in the minimum of:
A.
At least one tow truck.
(1)
Said tow truck shall have a chassis with a manufacturer's rated
capacity of at least 11,000 pounds gross vehicle weight.
(2)
Mounted on the chassis shall be a complete commercially manufactured
crane and winch having a manufacturer's capacity rating of at least
four tons.
(3)
At least 100 feet of 3/8-inch diameter cable attached to winch.
(4)
A commercially manufactured tow sling or wheel lift designed
to prevent damage to transported vehicles.
B.
At least one slide back carrier (flat bed).
(1)
Said slide back carrier shall have a chassis with a manufacturer's
rated capacity of at least 15,000 pounds gross weight.
(2)
Mounted on the chassis must be a complete commercially manufactured
hydraulic operated slide back carrier with a manufacturer's rating
of at least five tons and a minimum length of 17 feet.
C.
Each truck shall carry adequate tools and equipment such as chains,
snatch blocks, cable, etc., necessary to render temporary and emergency
service by trained personnel.
D.
Each truck shall be equipped with amber lighting pursuant to Title
67, Pa. Code, and § 4572(b) of the Vehicle Code, 75 Pa.C.S.A.
§ 4572(b).
E.
Each truck shall carry, at a minimum, a broom, shovel, one Type 5
BC or two Type 4 BC fire extinguishers, flares, large plastic trash
bags and a first aid kit.
F.
Each truck shall be equipped with two-way communication equipment
which will enable appointee(s) to communicate with the Ross Township
Police Dispatch. A cellular phone shall satisfy this requirement.
G.
Each truck shall have a sign, with letters and numbers not less than
three inches in height on each cab door, displaying the name, address
and phone number of the appointee.
[Ord. 1919, 8/12/1996]
Appointee(s) shall be responsible for removing all debris and
refuse resulting from said accident with no additional cost added
to the basic towing fee.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) shall not operate any tow truck or permit such to be
operated unless and until said appointee(s) provide the Township Manager
with a certificate(s) of insurance. Said certificates of insurance
shall name only insurance companies licensed to do business in the
Commonwealth of Pennsylvania providing indemnity and protection against
loss, at a minimum, in the following amounts:
A.
Employee dishonesty bond of not less than $10,000.
D.
Garage keepers legal liability insurance covering property which
comes into the care, custody and control of the appointee(s) by virtue
of the towing appointment.
(1)
Comprehensive coverage in the amount of $150,000, with a maximum
deductible of $500 per vehicle, $2,500 per occurrence.
(2)
Collision coverage in the amount of $150,000 with a maximum
deductible of $1,000 per occurrence.
|
Appointee(s) shall be self-insured for the damage
within the deductible portion of the coverage.
|
E.
Garage liability (comprehensive general liability) insurance covering
the operation of the business, protecting against bodily injury and
property damage with a minimum combined single limit of liability
of $1,000,000. The garage liability shall include the following coverages:
2.
The Township of Ross shall be named an additional insured on all
insurance policies.
3.
Insurance policies and certificates of insurance shall provide 10
days' notice from the insurance company prior to any material change
in coverage or cancellation of the policy. This notice is to be mailed
to the Manager of Ross Township.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) shall have open hours available to owner/designee for
the retrieval of vehicle Monday through Friday from at least 9:00
a.m. until 6:00 p.m., as well as Saturday from 9:00 a.m. until 1:00
p.m.
2.
Appointee(s) may have open hours available to owner/designee for
the retrieval of vehicles on Sunday. Appointee(s) open for the retrieval
of vehicles on Sunday shall have open hours from at least 9:00 a.m.
until 1:00 p.m. and may charge daily storage rates for Sundays. Appointee(s)
not having open hours on Sunday for the retrieval of vehicles shall
not charge storage fees for Sundays.
3.
Appointee(s) shall state their company policy to the Township of
Ross and in their fee schedule which must be publicly displayed.
4.
Appointee(s) may be closed on holidays recognized by the Township
of Ross and said appointee(s) may charge storage fees for said holidays.
5.
Appointee(s) shall be available by appointment for the retrieval
of a motor vehicle in the event owner/designee of the motor vehicle
cannot be at appointee(s) place of business during normal publicly
displayed business hours. Appointee(s) may charge two times the daily
storage fee for one day on which the vehicle was retrieved by appointment.
Appointee(s) shall be readily available without any undue delay in
scheduling an appointment for the retrieval of a vehicle. In the event
the scheduled appointment for the retrieval of a vehicle is postponed
for any reason by the appointee(s), daily storage fees for that vehicle
stop accruing at that time of the postponed appointment.
[Ord. 1919, 8/12/1996]
The Ross Township Police Department shall adopt a transported
motor vehicle tag policy and shall designate a vehicle control officer.
Said vehicle control officer shall have the authority to enforce the
transported vehicle tag policy to insure the control, tracking and
accounting of all motor vehicles transported at the direction of the
Ross Township Police Department.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) agree not to release any police impounded vehicle without
a written release from the Ross Township Police Department. When releasing
police impounded vehicles to the owner/designee, appointee(s) shall
accept as proof of ownership, the registration card or vehicle title
and said written release from the Ross Township Police Department.
The written release from the Police Department may be faxed to appointee
by the Ross Township Police Department.
2.
When releasing other than police impounded vehicles to the owner/designee,
the appointee shall accept as proof of ownership the registration
card (owner's card) or vehicle title.
3.
When releasing any vehicle, appointee(s) shall require driver retrieving
the vehicle to produce a valid drivers license.
[Ord. 1919, 8/12/1996]
1.
The Ross Township Police Department shall, as soon as possible, inventory
personal property in every police impounded vehicle transported by
appointee(s). Appointee shall assume responsibility for any and all
articles of personal property left in the vehicle as recorded on the
police officer's inventory of vehicle contents. Appointee agrees to
provide restitution or compensation for any such article upon verification
of loss while in appointee's care, custody and control.
2.
Appointee agrees not to release any personal property from any police
impounded vehicle without a written release from the Ross Township
Police Department.
3.
An owner/designee may retrieve personal property from a non-police impounded vehicle at any time during the appointees' normal business hours as detailed in § 15-709 by providing proper identification.
4.
The owner/designee may retrieve personal property from a police impounded
vehicle at any time during appointee's normal business hours provided
owner/designee has written authorization from the Ross Township Police
Department and proper identification. Upon release of personal property,
the owner/designee shall receipt appointee's copy of the inventory
of vehicle contents.
[Ord. 1919, 8/12/1996]
1.
Maximum fees for towing/transporting services shall be established
by the Township of Ross. Applicant(s) who meet the criteria of this
Part and are accepted by the Township of Ross, shall be the appointee(s)
for the term of one year. Fees may not be altered by appointee(s)
during the term of the appointment. Appointee(s) shall be required
to present an itemized, sequentially numbered invoice to the owner/designee
for every vehicle transported by virtue of the appointment. No charge
for service shall be made unless made upon a printed invoice which
shall contain the following information:
2.
No person shall be liable to appointee for fees in excess of the
maximum. Fees for transporting include, but are not limited to, labor,
traveling time and waiting time.
3.
A duplicate copy of the invoice shall be sent to the Ross Township
Police Chief by the tenth of every month and a copy shall be retained
by appointee(s) for a period of two years.
4.
When requested, appointee(s) shall review said invoices with the
Ross Township Police Department to assist the Police Department in
fact finding and accident analysis.
[Ord. 1919, 8/12/1996]
Maximum storage fees are to be established by the Township of Ross. Appointee(s) agree storage fees apply only to all motor vehicles which come into the care, custody and control of appointee(s) by virtue of the appointment. Storage fees shall be calculated on a twenty-four-hour basis and shall commence at the time the transported vehicle arrives at the appointee's place of business. A full day storage charge shall accrue at the beginning of each such period except as provided in § 15-709 pertaining to Sunday storage fees. Appointee(s) agree no storage fee shall be charged if a vehicle transported to appointee's place of business is retrieved by owner/designee within the first eight-hour period after the vehicle arrived at appointee's place of business.
[Ord. 1919, 8/12/1996]
Maximum vehicle recovery fees are to be established by the Township
of Ross. Fees for recovery services shall not be permitted except
as provided for in this section. Recovery fees shall not be charged
when the vehicle to be transported is on the roadway or otherwise
accessible. When the vehicle is off roadway and requires some method
of recovery, appointee(s) shall charge an hourly rate, in 15 minute
increments. Appointee(s) agree the maximum time charged for recovery
of a vehicle shall be three hours.
[Ord. 1919, 8/12/1996]
Maximum fee per mile is to be established by the Township of
Ross. When requested by the owner/designee to transport a vehicle
to a location other than the appointees' place of business, appointee(s)
shall not charge for mileage when the vehicle is transported within
Ross Township. When requested by the owner/designee to transport a
vehicle to a location outside the Township of Ross, appointee(s) shall
charge mileage commencing at the Ross Township boundary at the rate
per mile established by the Township of Ross. Mileage shall be charged
by way of the shortest regularly traveled available highway route,
unless another route is specifically requested by the owner/designee.
Appointee(s) shall not transport the vehicle to the appointee's place
of business first and charge additional mileage or a second towing
fee to transport the vehicle to the owner's/designee's requested location.
[Ord. 1919, 8/12/1996]
Appointee(s) shall not charge for a second piece of equipment
(truck) brought to the dispatch site unless same has been requested
by the Ross Township Police Department. In no case shall the charge
for equipment (truck) be greater than the charge for equipment of
the type and capacity needed to perform the transport service.
[Ord. 1919, 8/12/1996]
Appointee(s) agree and it is understood that Ross Township shall
not be responsible for the collection or payment of any fee for service
rendered by reason of the appointee(s) having been dispatched relative
to this appointment. All such services rendered shall be charged to
and owed by the owner of the vehicle or other lawful claimant of possession.
[Ord. 1919, 8/12/1996]
Appointee(s) agree the owner/designee of a vehicle transported
by appointee has the option to pay for service with cash or major
credit card. It shall be the responsibility of the appointee(s) to
make available the acceptance of at least two major credit cards.
However, the owner/designee of a vehicle transported subsequent to
arrest or other non-consent transport may pay appointee(s) with a
major credit card only on the approval of the appointee(s). Appointee(s)
shall not be required to accept personal checks in payment of fees.
[Ord. 1919, 8/12/1996]
1.
It is the policy of the Township of Ross and it is the right and
option of the owner/operator of a motor vehicle to request the vehicle
transport service of their choice unless.
2.
Unless the vehicle is impounded by the Ross Township Police Department,
nothing contained therein shall prevent the owner/operator of a motor
vehicle from requesting the vehicle be transported to the location
of their choice. When requested, the appointee at the scene shall
transport the motor vehicle directly to the owner/operator's desired
location, provided the owner/operator has made suitable financial
arrangements with the appointee to pay for the transport; and, provided,
the owner/operator assumes legal responsibility of the transported
vehicle once delivered to the requested location.
3.
Whenever possible, appointee(s) shall provide the owner/designee
of the vehicle to be transported an explanation of the owner/designee's
rights and options. Said rights and options shall be printed on a
form supplied by appointee(s) and said form shall also itemize the
fee schedule established by the Township of Ross and appointee(s)
normal hours of operation.
[Ord. 1919, 8/12/1996]
1.
The Ross Township Manager shall, with notification of appointment, specifically direct appointee(s) attention to the policy of Ross Township and to the rights/options of the vehicle owner/operator as provided for in § 15-720 hereof.
2.
The Ross Township Police Chief shall communicate the policy of Ross
Township to all members of the Ross Township Police Department, provide
adequate instruction to insure implementation of all sections of this
Part and verify all sections of this Part are enforced.
3.
The Ross Township Police Department shall be cognizant of the policy
of Ross Township, enforce all sections of this Part and prudently
dispatch appointee(s).
[Ord. 1919, 8/12/1996; as amended by Ord. 2288, 4/12/2010]
1.
As regulated by Ord. 1923, 8/12/1996, [Part 8], no motor vehicle
tower/transporter not appointed by the Township of Ross shall:
A.
Pay in any manner a third person not involved in an accident for
information as to the location of an accident in Ross Township.
B.
Or approach the scene of a motor vehicle accident in Ross Township
from which a motor vehicle needs to be transported unless summoned
in advance by either the Ross Township Police Department or the owner/operator
of the vehicle.
2.
Whoever violates this regulation of this section herein shall be
sentenced to pay a fine of not more than $1,000 plus costs and, in
default of payment of said fine and costs, to a term of imprisonment
not to exceed 30 days. Each day that a violation of this Part continues
shall constitute a separate offense.
3.
As regulated by Ord. 1923, 8/12/1996, [Part 8], no person shall solicit towing or vehicle repair an accident. Whoever violates this regulation of this section herein shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 1919, 8/12/1996]
1.
The Ross Township Board of Commissioners does hereby appoint a Towing
Review Board. Said Towing Review Board shall be formed annually and
be comprised of the following:
A.
Chairperson of the Public Safety Committee or any member of the Public
Safety Committee designated by said chairperson.
B.
Ross Township Police Chief or any member of the Ross Township Police
Department designated by the Ross Township Police Chief.
C.
A representative from the towing industry appointed by the Ross Township
Board of Commissioners.
2.
The Ross Township Towing Review Board shall be empowered to hear
all complaints relative to an appointees' service, conduct or fees.
The Towing Review Board may suspend or revoke the appointment of any
appointee. Upon receipt of a complaint, and before any suspension
or revocation is effective, the Towing Review Board shall convene,
providing appointee 10 days' written notice of the date, time and
place of the hearing and notice a the charge/complaint filed against
the appointee. Appointee may be in attendance at the hearing and present
to the Towing Review Board evidence, documents and testimony relative
to the charge/complaint. Said Towing Review Board shall render their
decision within three days of the hearing and shall notify appointee
of their decision by certified mail and regular mail.
3.
Appointee(s) agree that upon any material violation of this Part,
or upon repeated minor violations of this Part, their appointment
shall be suspended or revoked. Any decision to suspend or revoke an
appointment shall immediately terminate all authority granted by the
appointment.
4.
It is agreed any of the following are grounds for immediate suspension
or revocation:
A.
The appointment was procured by fraudulent conduct or false statements
of material fact.
B.
A fact concerning an appointee was not known at the time of appointment
that would have constituted just cause for refusal to appoint.
C.
The appointee has violated the fee schedule by overcharge, or has
violated any provision of this Part.
D.
Appointee accepts money or other things of value from any person
in the vehicle repair business as payment, commission or compensation
for soliciting or referral of transported vehicles to a vehicle repair
business.
E.
Appointee's bankruptcy or a general assignment for the benefit of
creditors.
F.
Failure to provide required equipment and properly skilled employees.
G.
Failure to comply with an order from the Towing Review Board.
H.
Violations of the Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101
et seq., which endanger the safety of life and property within Ross
Township.
I.
Possession by a tow truck operator within appointee's vehicle of
open or unopened alcohol beverages, drugs or other stimulants not
specifically prescribed by a medical doctor; gambling equipment or
paraphernalia; stolen goods or any contraband of any kind.
J.
Refusal to submit to or failure to pass random drug and alcohol testing
for appointee and drivers.
5.
Any person, firm or corporation whose appointment has been suspended
or revoked may file an appeal to the decision of the Towing Review
Board to the Ross Township Board of Commissioners. Said appeal shall
be filed with the Ross Township Manager within 10 days of receipt
by the appointee of the suspension or revocation of towing privileges.
The Ross Township Board of Commissioners shall review the decision
of the Towing Review Board within 30 days of notice of appeal. After
review, the Ross Township Board of Commissioners may reverse, uphold,
or modify said order of suspension or revocation made by the Towing
Review Board.
6.
It is agreed the decision of the Board of Commissioners is final
and not subject to appeal or review. Any person, firm or corporation
whose appointment has been revoked and said revocation has been upheld
by the Board of Commissioners, shall not be eligible for reappointment
for the period of one year from the date of revocation.
[Ord. 1919, 8/12/1996]
Appointee(s) agree to permit members of the Ross Township Police
Department, or other authorized Township personnel, to inspect their
place of business, equipment, stored vehicles, stored personal property
of others and records relative to this Part whenever, in the opinion
of said representatives of Ross Township, such inspection is deemed
reasonably necessary.
[Ord. 1919, 8/12/1996; as amended by Ord. 2288, 4/12/2010]
1.
Appointee(s) shall, at all times, maintain a current transport log
containing the following information in the proper sequence on motor
vehicles transported from one location to another:
A.
The date and time of transport.
B.
The name, address and phone number of the owner of the transported
vehicle.
C.
Vehicle identification number of the transported vehicle.
D.
If applicable, the license number of the transported vehicle.
E.
Year, make and model of the transported vehicle.
F.
Specific location of the origin of transport.
G.
Specific location of destination of transport.
H.
Amount charged for the transport of the vehicle.
I.
The name, address and phone number of the individual who authorized
the transport.
2.
Such entries on the transport log are to be made at the time of each
act and recorded legibly, accurately and completely as directed in
this section. Appointee(s) shall maintain an accurate and complete
file of transport sheets for each driver employed, including the owner
if the owner is also a driver. Transport sheets shall be filed by
date of occurrence and retained for a period of two years.
3.
Upon request of the Ross Township Chief of Police, or his designee,
said transport sheets shall be made available for inspection and copy.
4.
Transport sheets shall apply only to motor vehicle transports made
by appointee(s) by virtue of the appointment.
5.
Whoever violates any provision of this section shall be sentenced
to pay a fine of not more than $1,000 plus costs and, in default of
payment of said fine and costs, to a term of imprisonment not to exceed
30 days. Each day that a violation of this Part continues shall constitute
a separate offense.
6.
This section shall not apply to transports made for private towing
calls or with an organization providing such service of which the
owner of the vehicle to be transported is a member.
[Ord. 1919, 8/12/1996]
1.
Appointee(s) shall agree and covenant to indemnify and hold harmless
the Township of Ross, its employees, agents, officials, representatives,
attorneys and assigns, from any claims, suits, actions; damages and
causes of action which might arise during the term of this appointment
for any personal injury, loss of life, or other actions of the appointee(s)
their agents, servants, employees or assigns sustained in the performance
of any and all services resulting from the appointment, including,
but not being limited to, towing, storage, impounding or releasing
any vehicle and to defend any action or proceeding brought thereon
and from and against any orders, judgments, executions, levies and
decrees as may be entered therein.
2.
Appointee(s) understand and agree this appointment shall in no way
be construed as creating an employer/employee relationship between
Ross Township and the appointee(s) or between Ross Township and employees
of the appointee(s). The appointee(s) on behalf of himself and of
his employees, waives any claims that may arise because of any alleged
employer/employee relationship including, but not being limited to,
such matters as pension rights, Social Security rights, insurance
rights, etc.
[Ord. 1919, 8/12/1996]
By accepting the appointment, appointee(s) represent and agree
this Part has been read and understood by said appointee(s) and appointee(s)
expressly agree to abide by all sections of this Part.
[Ord. 1919, 8/12/1996]
This appointment shall not be assigned or transferred in any
way, in whole or in part, to another motor vehicle towing/transporting
service.
