This article is enacted under authority of § 6109(a-22) of the Vehicle Code, and gives authority to the Township to remove and impound those vehicles which are parked in a tow-away zone and in violation of parking regulations of this article. Vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others, may be towed under the provisions of the Pennsylvania Vehicle Code.
[Amended 9-26-2019 by Ord. No. 2019-03]
The Township shall have authority to remove and impound, or to order the removal and impounding, of any vehicle parked overtime or otherwise illegally, provided that the circumstances of its parking were within the conditions stated in § 312-42 of this article. Provided: no such vehicle shall be removed or impounded except in strict adherence to the provisions of this article, or the provisions of the Pennsylvania Vehicle Code. Police officers of the Township are hereby authorized persons permitted to remove and impound vehicles pursuant to the provisions of this article and the Pennsylvania Vehicle Code. Community service officers of the Township are hereby authorized persons permitted to remove and impound vehicles which have been abandoned (as defined by the Vehicle Code) or which are parked in such a manner as to interfere with traffic or pose a hazard to others, and may be towed under the provisions of the Pennsylvania Vehicle Code.
The following designated streets and/or parking lots are hereby established as tow-away zones. Signs shall be posted to place the public on notice that their vehicles may be towed for violation of the Township parking regulations:
Street
Side
Between
Parking Lot
Reserved
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CHIEF OF POLICE
The Chief of Police of Springettsbury Township or the Chief's designee.
TOWING COMPANY
Any business engaged in the towing, removing or storing of motor vehicles at the request of Springettsbury Township, including the towing company owner and its employees.
TOWING LIST
The list of authorized towing companies maintained by the Chief of Police.
TOWNSHIP
Springettsbury Township, York County, Pennsylvania.
VEHICLE
For the purposes of this section, all automobiles, trucks, trailers and other vehicles of any kind shall be referred to as "vehicle(s)."
WRECKER
A vehicle designed and used for removing and transporting motor vehicles. This term shall also include a rollback truck, tow truck or other vehicle commonly used to perform towing services.
B. 
Designation of approved towing companies. Any towing company engaged in the business of towing vehicles, at the request of Springettsbury Township, from highways, public rights-of-way or other public property in the Township shall be designated annually in accordance with the provisions of this section.
(1) 
Applications for authorization/designation. Applications for authorization/designation shall be submitted to the Chief of Police upon forms prepared and made available by the Township. The application form shall be properly completed and signed. The Chief of Police shall review and inspect the facility and towing equipment and all applications for compliance with the terms of this section.
(2) 
Authorization/designation. Authorization/designation shall be issued to only towing companies that comply with the provisions of this section. Authorization/designation shall not create a property right for the towing company.
(3) 
Final approval of a towing company to the authorized/designated towing list will be granted by the Township Board of Supervisors upon recommendation of the Chief of Police and/or his designee.
C. 
Towing fees. Every towing company requesting authorization/designation to operate with the Township shall provide the Chief of Police with a fee schedule for services offered during normal business hours, after normal business hours, as well as for storage. Said fee schedule shall be adhered to for the calendar year. The towing fee shall be incurred at the time of dispatch of a towing vehicle. The towing fee/bill will be the responsibility of the person or entity in need of the towing service or the owner of the vehicle to be towed, whichever is applicable in the particular instance.
D. 
Minimum qualifications. To be authorized/designated to tow vehicles at the request of the Township, towing companies shall maintain the following:
(1) 
At least one wrecker that is in safe mechanical condition and is properly titled, registered, and inspected.
(2) 
The wrecker shall be owned or leased by the towing company and shall not be used or operated by any other towing company.
(3) 
All wreckers shall be clearly marked with the towing company's name and telephone number on each side of the vehicle.
(4) 
All wreckers shall be equipped with the appropriate safety equipment (fire extinguishers, warning devices, etc.) and any other equipment necessary to perform the towing function and shall comply with the Pennsylvania Vehicle Code regarding removal of debris.
(5) 
Each towing company shall provide its employees with training on the proper and safe cleanup of accident debris from the roadways. Each towing company will also provide each employee, involved in towing, with training regarding the safe and proper methods of towing disabled and/or damaged vehicles. Each towing company will also ensure that each person operating a piece of towing equipment for that company possesses a valid driver's license and is properly licensed to operate the piece of equipment via their respective licensing/operating privilege.
(6) 
Established place of business and storage facility.
(a) 
The towing company shall be directly accessible 24 hours a day, by no more than two phone numbers, which will be provided to the York County Emergency Operations Center by the Springettsbury Township Police after the towing is authorized/designated.
(b) 
All towing companies and their respective storage facilities used for impoundment of vehicles towed at the request of the Township shall be located within the Township.
(c) 
Should the need arise to augment the tow list, the list may be opened to any tow company located within five miles of the closest Township boundary.
(d) 
The storage facility shall be capable of storing no less than three standard sized vehicles and of being locked preventing general access. The towing company shall be responsible for the security of the stored vehicles.
(e) 
The towing company shall be regularly open for business a minimum of 40 hours per week, Monday through Friday.
E. 
Insurance. Towing companies shall maintain minimum levels of insurance and provide documentation as indicated herein and name Springettsbury Township as an additional party insured.
(1) 
Two million dollars liability limit via primary or umbrella liability coverage.
(2) 
Coverage shall be with an insurance carrier, approved to do business in Pennsylvania, and with an AM Best rating of A-VI.
(3) 
Provide copies of certificates of insurance showing garage liability coverage, including garagekeepers coverage on a primary basis.
(4) 
At any time that a towing company receives notification of insurance cancellation the Township will be notified no less than 60 days prior to the cancellation.
F. 
Towing rotation.
(1) 
The Chief of Police shall maintain the list of authorized/designated towing companies, which may be requested to tow vehicles in Springettsbury Township on a rotating basis by geographic area. The Chief of Police shall determine the number of towing companies to be included on the list and the priority by which they will be dispatched.
(2) 
"Rotating basis" means that the towing company appearing on top of the list shall be requested first to do the tow.
(3) 
If a towing company refuses, is not available, does not answer the phone or can't meet the required response time, said towing company shall be replaced by the next towing Company designated on the priority list. Any towing company that refuses a call or is unavailable three times within a two-month period shall be placed on review with the Chief of Police with the possibility of removal from the priority list.
(4) 
This rotation may be waived when in an exceptional emergency, removal of a vehicle is critical to public safety, as determined by the investigating police officer at the incident scene or when the owner/operator of a vehicle specifically requests a towing company who can respond in the required time frame, if necessary.
G. 
General regulations.
(1) 
The towing company requested shall respond to the tow location within 20 minutes of the request, unless there are circumstances, such as adverse road conditions or traffic congestion, that are beyond the towing company's control that would prohibit them from doing so.
(2) 
Nothing in this section is intended to permit or encourage the towing company to violate any provision of the Pennsylvania Vehicle Code or to operate a vehicle in an unsafe manner.
(3) 
Towing companies authorized/designated by the Township shall be available to tow vehicles 24 hours a day, seven days a week.
(4) 
Towing company owners shall be responsible for the conduct of all drivers and employees. The driver's license of persons towing for the towing company is subject to inspection by the Chief of Police.
H. 
Prohibited acts. It shall be unlawful for any towing company to:
(1) 
Subcontract towing services requested by the Township.
(2) 
Respond, tow or move a vehicle from or within public property without the consent of the owner, operator, or without being summoned by the Township.
(3) 
Use "Springettsbury Township" in the name of the towing company.
(4) 
Arrive at the scene of any incident/accident without being requested to do so by the Township, and/or the owner/operator of a vehicle being towed.
(5) 
Approach any vehicle operator or passenger at the scene of any incident/accident to solicit a tow job.
I. 
Violations and penalties.
(1) 
Any person violating the provisions of Subsection H shall, upon conviction thereof in a summary proceeding before a Magisterial District Judge, be sentenced to pay a fine of not less than $100 nor more than $1,000.
(2) 
Any towing company or its employees who violate the provisions of this section, except Subsection H, shall be issued a written warning for the first violation. Any subsequent violation may cause the termination of the towing company's authorization/designation.
J. 
Appeal of denial. Any towing company that is denied authorization/designation per Subsection B(2) of this section will be so notified in writing by the Chief of Police within 10 business days of the determination of denial and will be allowed to file an appeal, in writing, within 10 business days of the date of the denial. This appeal shall be filed in the office of the Township Manager. The Township Manager will respond to the appellant within 10 business days of receipt of the appeal with a final decision.
The payment of towing and storage charges shall not relieve the owner or driver of any vehicle from liability for any fine or penalty for the violation of the provision of this article for which the vehicle was removed or impounded.
In order to reclaim his vehicle, the owner shall pay towing and storage costs, plus a $25 fee of which $10 shall be transferred to the Pennsylvania Department of Transportation by the garage to which the vehicle was taken.
The Township shall cause a record to be kept of all vehicles impounded under this article and shall be able at all reasonable times to furnish the owners or the agents of the owners of those vehicles with information as to the place of storage of the vehicle.
No vehicle shall be removed under the authority of this article or the Vehicle Code if, at the time of the intended removal, the owner or the person for the time being in charge of the vehicle is present and expresses a willingness and intention to remove the vehicle immediately.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of $50 together with all costs of disposing of the vehicle under provisions of the Vehicle Code, 75 Pa. C.S.A. § 7301 et seq. (1977), as hereafter amended, supplemented, modified or reenacted by the General Assembly of Pennsylvania.
If after a period of 15 days the vehicle in storage remains unclaimed, a report shall be filed with PennDOT in accordance with § 7311 of the Vehicle Code, by the person having legal custody of the vehicle. If the vehicle has not been claimed after 30 days, the vehicle may be transferred to a licensed salvor who will then be responsible for filing the proper reports and disposing of the vehicle in accordance with the provisions of Chapter 73 of the Pennsylvania Motor Vehicle Code (75 Pa. C.S.A. § 101 et seq., as amended).