This article shall be known and may be cited as the "Public
Towing and Storage Act."
The purpose of this article is two-fold. First, to establish
procedures governing tow truck operators, while complying with the
Pennsylvania Towing and Towing Storage Facilities Standards Act and
protecting the public and appropriate enforcement of state and local
laws. Second, to provide for a convenient and regulated towing system
for the timely removal of vehicles damaged, abandoned, immobilized,
illegally parked, or disabled on public rights-of-way or on public
property within the Borough.
As used in this article, the following terms shall have the
meanings indicated:
Includes any member of the Borough's designated police, Parking
Enforcement Officer, any Code Enforcement Officer, Borough Manager,
full-time public works crewmember(s), or the Fire Chief or his/her
designee.
The Borough of Bath, County of Northampton, State of Pennsylvania.
The physical place/establishment where employees report to
work, equipment is stored and dispatched to and from, all company
dealings take place, record keeping and daily activity, etc., is performed.
For the purposes of this ordinance, a business shall have employees
at the business address at a minimum of normal business hours, which
is defined as 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive
of national holidays.
The Borough of Bath Police Chief, Police Chief of the Borough's
designated Regional/contracted Police force or the designated Barracks
Commander of the local Pennsylvania State Police Troop.
A person having permission from the vehicle owner to exercise
care and/or control over a vehicle.
Gross vehicle weight.
As defined in the Pennsylvania Vehicle Code.
An individual, firm, partnership, association, employee,
corporation, company, or organization of any kind.
A nonmunicipal parking lot open to the public or used for
parking without charge, or a nonmunicipal parking lot used for parking
with charge.
Real property owned by an individual, firm, partnership,
association, corporation, company or organization, including private
parking lots as defined in the Pennsylvania Vehicle Code.
An individual, firm, partnership, association, corporation,
company, organization, or designee representing the owner of the property
from which the vehicle is being towed.
A secured area for the storage of towed vehicles.
Generally means 20 minutes or less from the time the towing
company is requested until the wrecker arrives at the scene. At times
there may be circumstances beyond the wrecker's control that makes
it impossible for a towing company to arrive within 20 minutes.
A person performing towing in the Borough of Bath, including
the owner or operator of towing equipment.
The moving, removing or recovery of a motor vehicle, regardless
of whether the vehicle owner or operator consents to the moving, removal
or recovery of a motor vehicle and for which a fee, not including
dues to a club or association which provides such service, is charged.
Any business engaged in the towing, removing, or storing
of motor vehicles at the request of the Borough. This includes the
towing company and its employees and agents.
Any person(s) having financial interest in a licensed towing
company. This does not include persons who are solely employed by
the towing company.
The list maintained by the Borough of all towing companies
authorized to tow by the Borough.
Title 75 of the Pennsylvania Consolidated Statutes.
When the cable that is attached to a motorized pulley system
is unwound and attached to a vehicle to then place that vehicle in
such a position that the vehicle may either be driven away or conventionally
hooked to a wrecker.
A vehicle designated and used for removing and transporting
motor vehicles. This term shall also include a rollback truck, tow
truck, or other vehicles commonly used to perform towing services.
A.
Public property. Any vehicle parked on any of the highways, public
right-of-way or other public property in the Borough, which is parked
in violation of any provision of state law or of any ordinance of
the Borough, or which has been immobilized in excess of 72 hours in
accordance with the provisions of this article, may be removed under
the provisions of this ordinance. The Borough Manager or his/her designee,
full-time public works crewmember, Borough Engineer, assigned Parking
Manager, or any law enforcement officer is authorized to make the
decision whether or not to remove any vehicle. Removal shall be done
only by employees of the Municipality or by a licensed towing company.
Any vehicle removed shall be impounded in a storage facility, as herein
defined, or on property controlled by the Borough and designated for
vehicle impoundment by the Borough. In addition to the above, the
following provisions are included:
(1)
Unattended vehicle obstructing traffic: any official having authority
to enforce this chapter may remove or cause to be removed to a place
of safety any unattended vehicle left standing upon any highway, bridge
causeway, or in any tunnel in such position or under such circumstances
as to interfere unduly with the normal movement of traffic or constitute
a safety hazard.
(2)
Removal to garage or place of safety: any official having authority
to enforce this chapter may remove or caused to be removed to the
place of business of the operator of a wrecker or to a nearby garage
or other place of safety in accordance with this section any vehicle
found upon a highway under any of the following circumstances:
(3)
Notice prior to removal: when practical prior to the removal of any
vehicle bearing a registration plate, certificate of inspection, or
vehicle identification number plate by which the last registered owner
can be determined, the authorized official shall inform the Borough
Office to notify the owner of the impending removal.
(4)
Cost of removal of vehicle: the cost of the removal of the vehicle
at the direction of an authorized official shall be paid by the owner
of the vehicle prior to the release of the vehicle from the storage
facility in accordance with this section.
A.
The public towing license is required for any towing company engaged
in the business of towing vehicles at the request of the Borough from
highways, public rights-of-way or other public property in the Borough
shall be licensed annually in accordance with the provisions of this
section.
B.
Application for license. Applications for license shall be submitted
to the Borough Manager upon forms prepared and made available by the
Borough. The application form(s) shall be properly completed, signed
and accompanied by the application and license fee. The Borough Manager
or his/her designee shall review and inspect the required storage
facility and towing equipment and all applications for compliance
with the terms of this article and other applicable regulations.
C.
Issuance of license(s). A public towing license shall be issued only
to towing companies that comply with the provisions of this article.
D.
License fee. The license fee under this article for the original
application shall be established by Resolution of the Borough of Bath.
These are nonrefundable application fees.
E.
Multiple licenses. The application fee for a second license for any
towing company currently licensed at the time of original application
shall be established by resolution of the Borough of Bath.
F.
License renewal. All licenses, except those terminated for just cause
as provided herein, are subject to an annual renewal fee that shall
be established by resolution of the Borough of Bath. This renewal
fee shall be paid within the first quarter of each calendar year.
Towing companies to tow vehicles at the request of the Borough
shall maintain the following minimum requirements:
A.
Wreckers and general equipment.
(1)
Business and equipment shall be located within 25 road miles of the
Borough of Bath municipal building, located at 121 South Walnut Street
Bath, PA 18014.
(2)
All wreckers shall be clearly marked with the towing company's name
and telephone number marked on each side of the vehicle.
(3)
Wreckers shall be maintained in a safe mechanical condition and must
display current state inspection and registration.
(4)
Towing equipment required. One wrecker with, at a minimum, the following
equipment or specifications:
(a)
Ten-thousand-pound or greater GVW chassis truck;
(b)
Rear wheel lift with either an integrated or separate boom;
(c)
Eight-thousand-pound winching capability;
(d)
Recovery chain;
(e)
Dolly wheels;
(f)
One or two rotating or LED amber overhead lights visible from
360°;
(g)
Clean-up equipment and oil dry or similar approved material;
the ability to communicate immediately with the towing company's dispatcher;
and
(h)
Any other equipment to properly tow vehicles.
(5)
One roll back vehicle (required for public property towing license).
(6)
Wrecker(s) and required towing equipment shall be owned or leased
by the towing company.
B.
Storage facilities.
(1)
All storage facilities used for impoundment of vehicles towed at
the request of the Borough shall be located within 25 road miles of
the Borough of Bath Municipal Building, located at 121 South Walnut
Street Bath, PA 18014.
(2)
The storage facility shall be owned or leased by the towing company
owner.
(3)
The storage facility shall comply with zoning regulations applicable
in the jurisdiction where the facility is located.
(4)
The storage facility shall be, at a minimum, 12,000 square feet,
and enclosed by a secured fence or building. When enclosed by a fence,
the fence shall be a minimum of six feet in height and made of a sturdy
material such as a chain link, wooden slats, or other approved material.
All gates shall be secured with locks or other security mechanisms
to reasonably prevent entry by unauthorized persons.
(5)
The lot shall be reasonably well lit to provide ability for towers/customers
to inspect, release, pick up vehicles, and to provide a safer environment
during hours of darkness.
(6)
The towing company owner is responsible for the security of the stored
vehicles.
(7)
The towing company owner shall establish a system convenient to the
vehicle owner to provide for release of towed vehicles from the storage
facility 24 hours a day, daily.
(8)
Release of personal property from a towed vehicle that is not attached
to the vehicle shall be made within a two-hour time period following
receipt of the request to return the property. No fee shall be charged
for the return of personal property from a towed vehicle that is not
attached to the vehicle.
C.
Insurance requirements.
(1)
Towing companies shall be required to carry insurance at the minimum
policy limits as follows:
(a)
Automobile liability insurance in an amount not less than $500,000,
combined single limits.
(b)
Worker's compensation insurance, as required by statute.
(c)
Ensure compliance with the Pennsylvania Vehicle Code and Federal
Motor Carrier Safety Regulations.
(d)
Garage keeper's liability insurance in an amount not less than
$50,000 per location.
(e)
Garage liability insurance in an amount not less than $500,000
combined single limit.
(f)
Miscellaneous coverage to provide complete protection to the
Borough against any and all risks of loss or liability including comprehensive
general liability.
(g)
Collision coverage for vehicles in tow.
(2)
The Borough shall be listed as an additional insured party on all
policies and such policies shall contain a provision requiring notification
to the Borough prior to any policy revision or termination. A copy
of the policy shall be provided to the Borough Manager, acceptable
by the Borough Manager's Office and Borough Solicitors Office.
D.
Criminal record.
(1)
No towing company owner shall have any misdemeanor and/or felony
criminal convictions for criminal violations that would be inconsistent
with providing professional towing service. Specifically, no towing
company shall have such conviction(s) for the following violations
of the Pennsylvania Crimes Code:
|
Chapter 25
|
Criminal Homicide
|
|
Chapter 29
|
Kidnapping
|
|
Chapter 31
|
Sexual Offenses
|
|
Section 3502
|
Burglary
|
|
Section 3921
|
Theft by Unlawful Taking or Disposition
|
|
Section 3922
|
Theft by Deception
|
|
Section 3925
|
Receiving Stolen Property
|
|
Section 4101
|
Forgery
|
|
Section 4104
|
Tampering with Records or Identification
|
|
Section 4107
|
Deceptive Business Practices
|
|
Section 4117
|
Insurance Fraud
|
E.
Standards for tow truck operators selected by the vehicle custodian.
The following standards shall apply to two truck operators and operators
of a towing storage facility when summoned or selected by the vehicle
custodian:
(1)
General requirements: a tow truck operator and, where applicable,
the operator of a towing facility, shall:
(a)
Maintain a physical street address;
(b)
Properly registers the tow truck with the Pennsylvania Department
of Transportation and follows any other provisions within this article;
(c)
Display the name, address and telephone number of its tow truck
business on the tow truck; and
(d)
Post the towing fees and the storage and related service fees
and hours of operation at the towing storage facility.
(2)
Time of notice. At the scene of an accident, a tow truck operator
shall provide the vehicle custodian with a notice containing the name,
address and telephone number for point of contact to be informed where
the vehicles are to be stored.
(3)
Crashes. A tow truck operator shall undertake towing at the scene
of a motor vehicle accident only if summoned to the scene by the vehicle
custodian, or law enforcement personnel or authorized municipal personnel
when directed by the vehicle custodian, and is authorized to perform
the towing as follows:
(a)
The vehicle custodian of the vehicle being towed shall summon
to the scene the tow truck operator of the custodian's choice in consultation
with law enforcement or authorized municipal personnel and designate
the location where the vehicle is to be towed within a timely response.
(b)
The provisions of Subsection E(1) shall not apply when the vehicle custodian is incapacitated, otherwise unable to summon a tow truck operator or defers to law enforcement or authorized municipal personnel.
(c)
The authority provided to the owner or operator in Subsection E(1) may be superseded by the law enforcement officer or authorized municipal personnel if the tow truck operator of choice cannot respond to the scene in a timely response and the vehicle is a hazard, impedes the flow of traffic or may not legally remain in its location in the opinion of law enforcement or authorized municipal personnel.
(4)
Repair and storage. As a condition of towing a vehicle at the scene
of a crash and prior to the towing, a tow truck operator shall not:
(5)
Release of towed vehicle. Upon a request from the vehicle custodian
or a person authorized by the vehicle owner to regain possession,
a tow truck operator or operator of a towing storage facility shall
not refuse during the posted hours of operation to release a towed
motor vehicle unless law enforcement has requested that the vehicle
be held. Release shall be conditioned on the payment for towing, storage
and related services. All charges shall be itemized and in writing.
Payment may be made with cash, a credit card from a common issuer,
or a check from an insurance company or authorized tower or salvor
acting on behalf of the insurance company.
(6)
Access to vehicle. A tow truck operator or towing storage facility
shall provide hours of operation that reasonably allow access to a
towed vehicle and shall grant reasonable access to the towed vehicle
during its posted hours of operation for the purpose of inspection
and retrieval by law enforcement officials or authorized municipal
personnel, the vehicle owner or person authorized by the owner under
this article.
(7)
Storage fee prohibited. Unless law enforcement has requested that a vehicle be held, a tow truck operator or towing storage facility shall not charge a storage fee for any period during which it has refused reasonable access during posted normal business hours as required in Subsection E or has refused to allow authorized inspection of the vehicle under inspection rights in 75 Pa.C.S. § 1799.4 (relating to examination of vehicle repairs) or Section 11 of the act of December 29, 1972 (P.L.1713, No. 367), known as the Motor Vehicle Physical Damage Appraiser Act.[1]
[1]
Editor's Note: See 63 P.S. § 851 et seq.
F.
Standards for tow truck operators selected by the law enforcement
officials or authorized municipal personnel. The following standards
shall apply to tow truck operators and operators of a towing storage
facility when summoned or selected by law enforcement officials or
authorized municipal personnel:
(1)
General requirements: a tow truck operator and, where applicable,
the operator of a towing storage facility, shall:
(a)
Maintain a physical street address that is open at least 40
hours per week, Monday through Friday, between the hours of 8:00 a.m.
and 4:00 p.m.;
(b)
Maintain a business phone and are directly accessible by telephone
24 hours per day seven days a week;
(c)
Properly register the tow truck with the Pennsylvania Department
of Transportation and follows any other provisions of this chapter;
(d)
Display the name, address and telephone number of its tow truck
business on the tow truck; and
(e)
Post the towing fees and the storage and related service fees
(as preapproved by resolution of the Borough through the request for
proposal process) and hours of operation at the towing storage facility;
(2)
Time of notice. At the scene of tow, a tow truck operator shall provide
the vehicle custodian with a notice containing the name, address and
telephone number for point of contact to be informed where the vehicles
are to be stored.
(3)
Procedures and towing rotation (Borough use only). The Borough Manager
or appropriate Borough Committee Chairman shall review all applications
of tow truck operators for towing and towing storage to ensure compliance
with the provisions of this article.
(a)
The Borough Manager shall place the names of all tow truck operators
that comply with the requirements of this article and whose towing
and towing storage fees have been determined to be reasonable and
customary by Borough Council on a rotation list.
(b)
The towing rotation is set by the Borough Manager based upon
an "rotating" basis, meaning the towing company appearing on top of
the list shall be requested first to do the tow. Once the towing company
on the top of the list is requested, the name shall be placed on the
bottom of the list. Thereafter, for each subsequent request, the process
shall be repeated.
(c)
The towing company listed on the top shall be requested and
that name then moved to the bottom. When the towing company on the
top of the list is called for a towing request and fails to answer
the telephone, that company shall be moved to the bottom of the list
and the next name on the list will be requested. However, if a towing
company is unable to respond to the request because all towing equipment/drivers
are handling other towing services, the next towing company on the
list will be requested and the unavailable company will remain on
the top of the list for the next request.
(d)
If a towing company on the top of the list is requested but
prior to providing the towing service the request is canceled, that
towing company shall be placed back on top of the towing rotation
list to receive the next request.
(4)
Exception to procedure. The Borough Manager, law enforcement personnel
or any authorized municipal personnel may deviate from the rotation
list when the tow truck operator called does not possess the equipment
necessary to provide the necessary towing or recovery service or,
in the opinion of law enforcement or authorized municipal personnel
the immediate removal of a vehicle(s) is critical to public safety.
This article is not intended to override any other policies or procedures
previously established by the Borough's designated law enforcement
agency.
(5)
Suspension. The Borough Manager shall be authorized to suspend a
tow truck operator from the rotation list under the following circumstances
and for the following periods:
(a)
Three instances of inability to respond to a call within a twelve-month
period (one-year suspension).
(b)
Failure to comply with the standards of this article (first
offense: six-month suspension; second offense: one-year suspension;
and third and subsequent offense: three-year suspension).
(c)
Furnishing false information (one-year suspension for unintentional
omission; and lifetime for intentionally providing materially false
information).
(d)
Overcharging for towing and towing storage in violation of § 625-64
(three-year suspension).
(6)
Termination of license. A towing company is not entitled to a warning or suspension for violation of any provision of § 625-62 of this article and may have their license terminated for the first and /or subsequent violations of this section. In the event of any other termination, the towing company shall be notified in writing no less than five calendar days prior to the termination of its license. The notice shall state the reason(s) for termination and the effective date of termination. The towing company shall have 14 calendar days to appeal the termination to the Borough Manager. The Manager or his/her designee shall hold the hearing within 10 calendar days of written receipt of the towing company's request for an appeal. The towing company may appeal the Manager's decision, in writing, to Borough Council within 10 calendar days of the receipt of the Manager's decision.
(7)
Release of towed vehicle. Upon a request from the vehicle custodian
or a person authorized by the vehicle owner to regain possession,
a tow truck operator or operator of a towing storage facility shall
not refuse during the posted hours of operation to release a towed
motor vehicle unless law enforcement has requested that the vehicle
be held. Release shall be conditioned on the payment for towing, storage
and related services. All charges shall be itemized and in writing.
Payment may be made with cash, a credit card from a common issuer,
or a check from an insurance company or authorized tower or salvor
acting on behalf of the insurance company.
(8)
Access to vehicle. A tow truck operator or towing storage facility
shall provide hours of operation that reasonably allow access to a
towed vehicle and shall grant reasonable access to the towed vehicle
during its posted hours of operation for the purpose of inspection
and retrieval by law enforcement officials or authorized municipal
personnel, the vehicle owner or person authorized by the owner under
this article.
(9)
Storage fee prohibited. Unless law enforcement has requested that a vehicle be held, a tow truck operator or towing storage facility shall not charge a storage fee for any period during which it has refused reasonable access during posted normal business hours as required in Subsection E or has refused to allow authorized inspection of the vehicle under inspection rights in 75 Pa.C.S. § 1799.4 (relating to examination of vehicle repairs) or Section 11 of the act of December 29, 1972 (P.L.1713, No. 367), known as the Motor Vehicle Physical Damage Appraiser Act.[2]
[2]
Editor's Note: See 63 P.S. § 851 et seq.
G.
General regulations.
(1)
Public property. All vehicles removed, transported or conveyed at
the request of the Borough, shall be stored at the towing company's
storage facility or, if applicable, at a property owned or controlled
by the Borough, or to a location specified by the vehicle custodian.
(2)
Any vehicle remaining at the storage facility for a minimum of 15
days and the maximum of 30 days may be removed, as permitted by applicable
salvor regulations in the Vehicle Code or other state statute, and
with written/faxed permission from the Borough's Chief of Police if
the vehicle was impounded by the Borough's designated law enforcement
agency.
(3)
In the case of a law enforcement request of a towing company, the
towing company requested shall respond to the tow location within
20 minutes of the Borough's request; defined as a timely response.
The Borough recognizes there are circumstances, such as adverse road
conditions, that are beyond the towing company's control that would
prohibit them from arriving at the scene of the tow within 20 minutes.
In these situations, the Borough may allow additional time for the
towing company to respond. Generally, if the towing company fails
to respond within 20 minutes after being requested, the next available
towing company on the towing rotation may be requested. Nothing in
this regulation is intended to permit or encourage the towing company
to violate any provisions of the Pennsylvania Motor Vehicle Code or
to operate a vehicle in an unsafe manner but is intended to place
law enforcement and authorized municipal personnel requested tows
at the highest priority for public safety reasons.
(4)
All towing companies shall be available to tow vehicles 24 hours
a day, seven days a week. In rare instances when a towing company
is not available to tow vehicles for the Borough, the towing company
shall notify the Borough Manager and Chief of Police of the circumstances
that prohibit them from performing tows and the estimated time they
will be unavailable.
(5)
All towing companies shall be required to notify the Borough Manager
and Chief of Police within 24 hours of any modifications to information
provided in the tower's application.
(6)
Towing company owners shall comply with all local, state, and federal
laws and regulations and are responsible for ensuring that all employees
of the towing company adhere to this ordinance.
(7)
The Borough shall not be liable for any towing company's fees for
non-Borough vehicles unless the vehicle is towed to a Borough facility.
All fees for towing services and storage shall be levied against the
owner of the vehicle unless it is determined by the Borough that the
vehicle was towed in error, in which case no charges will be assessed
against the owner. If the error is that of the towing company, no
charges will be assessed. If the error is that of the Borough, appropriate
charges may be assessed against the Borough.
(8)
All fees for towing services and storage shall be levied against
the owner of the vehicle unless it is determined by the Chief of Police,
authorized municipal personnel, or the towing company that the vehicle
was towed in error, in which case no charge will be assessed.
(9)
Towing companies shall be responsible for the conduct of all drivers
and employees. Misconduct of towing company employees may subject
a towing company to the suspension of towing privileges. The driver's
license of persons towing for a towing company are subject to inspection
by the Chief of Police or Borough Manager or their designees.
(10)
The towing company shall remove crash debris as part of the
towing service.
(11)
In situations involving hazardous materials which require the
response by a specially trained hazardous materials unit, towing services
may be limited to those towing companies certified in the removal
of hazardous material. Tow companies certified to remove hazardous
materials must provide, in writing or fax, verification thereof to
the Borough Office and responsible law enforcement agency, if not
already previously on file with either entity.
(12)
In situations required the towing of an abandoned vehicle, as
defined by the Pennsylvania Motor Vehicle Code, only approved "salvors"
may be used to tow such vehicles.
(13)
In situations required the towing of a truck, truck tractor,
or combination having gross weight or registered gross weight in excess
of 17,000 pounds, only those towing companies equipped to tow such
vehicles may be requested.
(14)
Only in situations requiring the towing of motor vehicle have
a gross weight or registered gross weight in excess of the capability
of the tower's equipment, the tower may subcontract the towing of
the motor vehicle to another tow company. The towed motor vehicle
may be towed to and stored at either the towers secured lot or to
the subcontractor's storage area. When a tower utilizes the services
of a subcontractor as permitted under this section, it will be the
towers responsibility to assure that the subcontractor complies with
all other requirements of this article.
(15)
Motor vehicles that are locked at the time they are to be towed
and are not equipped with a lock steering mechanism shall have the
front wheels placed on dollies before being towed to ensure the vehicle
being towed is kept in line with the towing vehicle. The exception
would be those vehicles with front wheel drive, in which case the
vehicle may be towed by the front. Motor vehicles being towed must
have minimum lighting, as set forth in the Vehicle Code, to provide
for safe movement on the highway.
It shall be a prohibited act for any towing company to do any
of the following:
A.
Sub-contract towing services requested by the Borough.
B.
Tow or move a vehicle from or within public rights-of-way or public
property without the consent of the owner or operator, or without
authorization from law enforcement or authorized municipal personnel.
C.
Use "The Borough of Bath" in the name of the towing company.
D.
Charge or provide a written quote or invoice or collect fees in excess
of those specifically designated in this article.
E.
Falsify any information with regard to the application.
F.
No towing company or employee shall respond to the scene of an accident/crash
to circumvent the towing rotation by soliciting a tow directly from
an involved party to the accident/crash.
The following fees are established for towing and storage services
provided by the Borough's request by licensed towing companies and
are the maximum fees that may be assessed. It shall be deemed a Borough
request anytime a towing company is requested by the Borough directly
or through the Northampton County Emergency Communications Center
for towing services.
A.
Fees for
non-accident. Towing fees (including use of dollies) for each wrecker
required to complete the tow request shall be:
|
Service
|
Fee
|
|---|---|
|
Motorcycles and vehicles less than 3/4-ton GVW
|
$130
|
|
Vehicles 3/4-ton or larger but not exceeding 11,000 pounds GVW
or with dual rear wheels
|
$140
|
|
Driver shaft removal and reinstallation:
| |
|
Remove and install
|
$75
|
|
Removal only
|
$50
|
|
Vehicles larger than 11,000 pounds GVW or with dual rear wheels
shall be commensurate with the service provided. The Borough Manager
shall be notified in writing within 72 hours after the tow of the
fee charged for all tows greater than 11,000 pounds GVW.
| |
|
A snow removal fee is permitted when employee of towing company
must shovel snow 10 minutes or more before vehicle maybe removed for
towing/impounding:
| |
|
10 to 30 minutes shoveling labor
|
$40
|
|
Each additional 15 minutes of shoveling labor
|
$15
|
|
Drop fee
|
$75
|
|
No vehicle shall be removed under the authority of this article
if, at the time of the intended removal, the owner or custodian of
the vehicle is present and expresses a willingness and intention to
remove the vehicle immediately
|
In these instances, the towing company shall charge no more
than $75 from the time the wrecker is backed-up to the vehicle to
be towed to the point that the wrecker is in motion towing the vehicle
away. The towing company shall make reasonable accommodations to permit
the owner/custodian to obtain payment for the fee charged.
Once the wrecker is in motion with the towed vehicle, the towing
company is entitled to the full towing fee listed in § 625-64.
This is not applicable where the vehicle has been immobilized by Borough
request for failure to pay accumulated fines and such fines remain
unpaid.
|
|
In the event fees other than authorized are charged because
of unusual circumstances the Borough Manager shall be notified in
writing within 72 hours after the tow fee charged.
|
B.
Storage
fees. The following storage fees may be assessed against the vehicle
owner/custodian for the storage or towed vehicles at either the towing
company's facility or a Borough facility:
|
Service
|
Fee
|
|---|---|
|
For first 24-hour period from the time the wrecker arrived at
the scene
|
No charge
|
|
Each calendar day or portion thereof after the first 24-hours
for motor vehicles larger than 3/4-ton GVW or less
|
$35
|
|
Each calendar day or portion thereof after the first 24-hours
for motor vehicles larger than 3/4-ton GVW or dual rear wheels
|
$40
|
|
Each calendar day or portion thereof after the after the 10th
day of storage for any motor vehicle
|
$50
|
|
Overnight vehicle release fee
|
A towing company may assess the vehicle owner or custodian a
$45 fee in addition to the towing fee(s) and any other applicable
fee(s) to release a vehicle to its owner or custodian between the
hours of midnight to 6:00 a.m. When possible, the towing company shall
notify the vehicle owner or custodian in advance of the additional
overnight vehicle release fee.
|
|
Protection fee
|
A towing company may assess the vehicle owner or custodian a
$40 fee in addition to the towing fee(s) and any other applicable
fee(s) for covering motor vehicles or safeguarding the vehicle with
in a towing facility with open convertible tops, open windows and/or
open areas that will allow weather to penetrate the interior of the
vehicle.
A towing company may assess the vehicle owner or custodian a
$40 fee in addition to the towing fee(s) and any other applicable
fee(s) for covering motor vehicles or safeguarding the vehicle that
is towed to the Borough impound facility or any other nontowing company
facility with open convertible tops, open windows and/or open areas
that will allow weather to penetrate the interior of the vehicle.
|
C.
Method
of payment. Due to the unexpected and costly nature of persons having
their vehicles towed, towing companies shall, in addition to cash
payment, accept at least 2 major credit cards for payment of towing
and storage services.
D.
Fees for
crashes (public towing licenses only). Basic towing fees (including
dollies) for each wrecker required to complete a tow request shall
be:
|
Service
|
Fee
|
|---|---|
|
Motorcycles and vehicles less than 3/4-ton GVW
|
$225
|
|
Vehicles 3/4-ton or larger but not exceeding 11,000 pounds GVW,
or with dual rear wheels
|
$250
|
|
Drive shaft removal and reinstallations:
| |
|
Removal and install
|
$75
|
|
Removal only
|
$50
|
|
Vehicles larger than 11,000 pounds GVW or dual rear wheels shall
be commensurate with the services provided. The Borough Manager shall
be notified in writing within 72 hours after the tow of the fee charged
for all tows greater than 11,000 pounds.
| |
|
A snow removal fee is permitted when employee of towing company
must shovel snow 10 minutes or more before vehicle maybe removed for
towing/impound:
| |
|
10 to 30 minutes shoveling labor
|
$40
|
|
Each additional 15 minutes of shoveling labor
|
$15
|
|
In the event fees other than authorized are charged because
of unusual circumstances the Borough Manager shall be notified in
writing within 72 hours after the tow of the fee charged.
| |
|
Protection fee
|
A towing company may assess the vehicle owner or custodian a
$40 fee in addition to the towing fee and any other applicable fees
for covering motor vehicles or safeguarding the vehicle within a towing
facility with open convertible tops, open windows and/or open areas
that will allow weather to penetrate the interior of the vehicle.
A towing company may assess the vehicle owner or custodian a
$40 fee in addition to the towing fee and any other applicable fees
for covering motor vehicles or safeguarding the vehicle that is towed
to the Borough impound facility or any other nontowing company facility
with open convertible tops, open windows and/or open areas that will
allow weather to penetrate the interior of the vehicle.
|
E.
Authorized
winching fees for recovery. For tows requiring winching service, towing
companies may charge up to the following fees in addition to the towing
charge(s):
|
Service
|
Fee
|
|---|---|
|
Per truck and 1 employee (Minimum fee for the first 30 minutes
or any part thereof)
|
$70
|
|
Per truck and 1 employee (after first 30 minutes; per 30 minutes
or any part thereof)
|
$45
|
|
Vehicles larger than 11,000 pounds GVW or dual rear wheels shall
be commensurate with the services provided. The Borough Manager shall
be notified in writing within 72 hours after the winch of the fee
charged.
| |
|
In calculating the above fees, the winching time begins when
the towing service leaves the regularly maintained roadway and concludes
when the vehicle to be towed is accessible by the wrecker.
|
F.
Long distance
tows. If a vehicle owner or custodian requests to have their vehicle
towed to a location greater than 15 road miles from the towing scene,
a fee of up to $4 per mile fee (one-way) may be charged by the towing
company. This per mile fee is in addition to the towing fee schedule
listed in § 625-64. Additionally, the towing companies may
increase their per mile fee beyond the base of $4 at increase intervals
of $0.25 for every $0.50 per gallon in towing companies' fuel costs
above $5.
|
Service
|
Fee
|
|---|---|
|
Towing company fuel costs
|
Per mile rate (one-way)
|
|
$5 or less per gallon
|
$4.25 per mile
|
|
Between $5.01 and $5.50 per gallon
|
$4.50 per mile
|
|
Between $5.51 and $6 per gallon
|
$4.75 per mile
|
|
Between $6.01 and $6.50 per gallon
|
$5 per mile
|
G.
Clean-up
fees. Towing companies are required to clean up at an accident scene.
An additional charge of up to $45 may be charged for each vehicle
involved in the accident that requires clean up and in which the cleanup
is actually performed by the towing company. If the clearing of the
accident debris takes more than 30 minutes, the towing company may
assess additional cleanup fees at the rate of $5 per 15 minutes, or
any part thereof after the initial 30 minutes.
A.
Within one hour from the time of removal of any vehicle by an authorized
towing service, the Northampton County Emergency Communications Center
shall be notified, by providing the Center with a copy (or facsimile)
of the written authorization and shall include the following information:
(1)
The make, model, color, and registration number;
(2)
State of registration;
(3)
Address from where vehicle was removed;
(4)
Date and time of removal;
(5)
Towing fee;
(6)
Name and twenty-four-hour telephone number of the towing company;
(7)
Location where the vehicle may be claimed by the registered owner.
A.
Every tow company providing service at the request of the Borough
shall make a written record of each vehicle towed or stored consisting
of the following information:
(1)
Registration plate number and state;
(2)
Time call was received;
(3)
Spot or ticket time;
(4)
Time wrecker arrived at the scene;
(5)
Dates of accumulated unpaid parking tickets (if applicable);
(6)
Date vehicle was returned to owner/custodian;
(7)
Towing and storage charges for each towed vehicle.
B.
Every towing company shall maintain for at least two years towing records for all vehicles towed. Each towing record shall include information listed in § 625-57A(1) through (7) of this article. Upon request of the Chief of Police or Borough Manager or his/her designee, towing companies shall make available for review and/or provide copies of any requested towing record(s).
The Borough Manager shall notify the towing company owner within
14 days of receipt of any compliant against a towing company that
will be investigated by the Borough's law enforcement agency. Complaints
by Borough of Bath employees or authorized municipal personnel against
a towing company shall be brought to the attention of the Chief of
Police within seven calendar days.
All charges and fees authorized by this article shall be reviewed
by the Borough Manager after two years (but no more than three years
of the effective date of this article) and every two to three years
thereafter. This section shall only be in effect when the Borough
Manager receives a written request from a licensed towing company
owner to review the charges and fees within 90 days prior to the scheduled
review date. Any rate changes in response to the written request to
the Borough Manager shall be made within 90 days after having received
the request.
Any person or persons, firm or corporation violating any of
the provisions of this article shall, upon conviction before a Magisterial
District Judge in a summary proceeding, be liable to and shall pay
a fine of not more than $600 plus the costs of prosecution and the
Borough's reasonable attorney fees incurred in enforcement proceedings.
Each day's continuance of a violation shall constitute a separate
offense.
A.
Other Borough of Bath ordinances. This article supersedes other Borough
of Bath ordinances only to the extent that those ordinances regulate
towing and storage operations that are in conflict with and less stringent
than this article.
B.
Criminal investigations. This article shall not supersede or otherwise
cause interference with any Federal or State criminal investigation
or prosecution.
C.
Severability. If any portion of this article is preempted or superseded
by federal or state law or is declared invalid by any court of competent
jurisdiction, the remainder of this act shall remain in effect.
