(a) (1) Private Property. All vehicles removed, transported or conveyed from private property by a licensed towing company shall be stored at the towing company storage facility unless otherwise authorized by the Police Department.
(2) Public Property: All vehicles removed, transported or conveyed at the request of the City, shall be stored at the towing company's storage facility or at property owned or controlled by the City, or to a location specified by the vehicle owner or operator.
(b) Any vehicle remaining at the storage facility more than 20 days may be removed, as permitted by applicable salvor regulations in the Vehicle Code, and with written/faxed permission from the Chief of Police if the vehicle was impounded by the police.
(c) In the case of a Police request of a towing company holding a public towing license, the towing company requested shall respond to the tow location within 20 minutes of the City's request. The City 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 City 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 police requested tows at the highest priority for public safety reasons.
(d) Towing companies shall be available to tow vehicles 24 hours-a-day, 7 days a week. In rare instances when a towing company is not available to tow vehicles for the City, the towing company shall notify the Chief of Police of the circumstances that prohibit them from performing tows and the estimated time they will be unavailable.
(e) All licensed towing companies shall be required to notify the Chief of Police within 24 hours of any modifications to information provided in the towers license application.
(f) All licensed towing companies shall be notified by the City of York of any additions, deletions, modifications, or changes to this article within 7 days of the change.
(g) Towing company owners shall comply with all local, state, and federal laws and regulations and are responsible for insuring that all employees of the towing company adhere to this article.
(h) The City shall not be liable for any towing company's fees for non-City vehicles unless the vehicle is towed to a City facility. All fees for towing services and storage shall be levied against the owner of the vehicle unless it is determined by the City 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 City, appropriate charges may be assessed against the City.
(i) 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 or the private property owner from which the vehicle was towed or the towing company that the vehicle was towed in error, in which case no charge will be assessed.
(j) 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 licenses of persons towing for a towing company are subject to inspection by the Chief of Police.
(k) The towing company shall remove accident debris as part of the towing service.
(l) In situations involving hazardous materials that require the response by a specially trained hazardous material unit, towing services may be limited to those towing companies certified in the removal of hazardous material. Such companies may or may not be licensed under this article; however, those towing companies licensed by the City and certified in the removal of hazardous material will be requested first.
(m) In situations requiring the towing of an abandoned vehicle, as defined by the Pennsylvania Motor Vehicle Code, only approved "salvors" may be used to tow such vehicles. Salvors requested may or may not be licensed under this article; however, those towing companies that are salvors and licensed by the City will be requested first.
(n) In situations requiring the towing of a truck, truck tractor, or combination having a gross weight or registered gross weight in excess of 17,000 pounds, only those towing companies equipped to tow such vehicles may be requested. Such companies may or may not be licensed under this article; however, those licensed towing companies equipped for such tows will be requested first.
(o) Only in situations requiring the towing of a motor vehicle having 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 an unlicensed towing company. The towed motor vehicle may be towed to and stored at either the tower’s 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 tower’s responsibility to assure that the subcontractor complies with all other requirements of this article.
(p) 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 insure 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.
(q) Before towing a vehicle a picture of the vehicle and parking violation must be taken by the tow company.
(r) All tow companies must be a salvor.
(Ord. 56-2023. Passed 12-19-23.)