Towing companies to be licensed under this article to tow vehicles at the request of the City or private landowners shall maintain the following minimum requirements:
(a) Wreckers and General Equipment.
(1) Business and equipment shall be located within the City of York, Pennsylvania.
A. Only if the Chief of Police deems there to be a need to allow more tow companies to provide services controlled by this article shall a tow company whose business is located outside the City of York be allowed to be licensed under this article.
(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 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. 10,000 pound or greater GVW chassis truck;
B. Rear wheel lift with either an integrated or separate boom;
C. 8,000 pound winching capability;
D. Recovery chain;
E. Jumpstart capability;
F. Dolly wheels;
G. One or two rotating amber overhead lights visible from 360 degrees;
H. Clean-up equipment and oil dry or similar approved material; the ability to communicate immediately with the towing company's dispatcher; and
I. 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.
(7) A wrecker used by a City licensed towing company shall not be used or operated by any other towing company under this article unless authorized to do so by the Chief of Police.
(b) Storage Facilities.
(1) All storage facilities used for impoundment of vehicles towed at the request of the City/private property owner shall be located within the City of York, Pennsylvania.
(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, enclosed by a secured fence or building. When enclosed by a fence, the fence shall be a minimum of 6 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 towed vehicles under the private towing license shall be completed within a 2-hour time period following receipt of the request to release the towed vehicle.
(9) Release of personal property from a towed vehicle that is not attached to the vehicle shall be made within a 2-hour time period following receipt of the request to return the property. Except as provided in Section 545.10(a)(3), no fee shall be charged for the return of personal property from a towed vehicle that is not attached to the vehicle.
(c) Advertising: Towing companies must be listed in the York classified section of the current published telephone directory. This listing must, at minimum, include the company name, business address, and a business telephone number that is personally answered 24 hours per day.
(d) Insurance.
(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 $1,000,000.00, combined single limits.
B. Workers' compensation insurance, as required by Statute.
C. Garage keeper's liability insurance in an amount not less than $50,000.00 per location.
D. Garage liability insurance in an amount not less than $500,000.00 combined single limit.
E. Miscellaneous coverage to provide complete protection to the City against any and all risks of loss or liability including comprehensive General Liability.
F. Collision coverage for vehicles in tow.
(2) The City shall be listed as an additional insured party on all policies and such policies shall contain a provision requiring notification to the City prior to any policy revision or termination. A copy of the policy shall be provided to the Chief of Police.
(e) Criminal Record. 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
(f) Property, Business Privilege, Mercantile, or Municipal Taxes and Fees. No company shall receive a license or license renewal if the company has not paid its property taxes and/ or business privilege and mercantile Taxes or any other municipal fee as required under York City Ordinance.
(Ord. 40-2011. Passed 12-6-11.)