§ 114-1. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Abandoned motor vehicle means a motor vehicle that is inoperable and more than five years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours, or a motor vehicle left unattended on the right-of-way of a designated city, county, state, or federal highway within the corporate limits of the city for more than 48 hours.

Consent tow means any tow conducted with the permission of or at the direction of the vehicle's legal or registered owner or such owner's authorized representative. Except as set forth in the definition of nonconsent tow in this chapter, a tow will be considered a consent tow where the owner is able to give consent.

Daytime tow means the hours from 7:00 a.m. to 6:00 p.m., Monday through Friday.

Disabled vehicle means a vehicle which has been rendered unsafe to be driven as a result of some occurrence other than a wreck, including, but not limited to, mechanical failures or break-downs, fire, vandalism, or a vehicle which is in a safe driving condition but the owner is not present, or able, or permitted to drive, so as to reasonably necessitate that the vehicle be removed by a tow truck.

Holiday tow means the following days: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

Motor vehicle means a vehicle subject to registration under the Certificate of Title Act (V.T.C.A., Transportation Code ch. 501, as amended) or any other device designed to be self-propelled or transported on a public highway and/or which may be attached to a trailer or other similar device.

Nighttime tow means the hours between 6:01 p.m. and 6:59 a.m., Monday through Friday.

Nonconsent tow means any tow conducted without the permission of, or not at the direction of, the vehicle's legal or registered owner, or such owner's authorized representative, regardless of the vehicle's location or condition. Towing the vehicle of a person who has been taken into custody by a law enforcement agency is considered a nonconsent tow.

Operate means using a tow truck to tow, winch or otherwise move a motor vehicle.

Operator means any person operating a tow truck under a city-issued permit, regardless of whether the person owns the truck.

Owner means any person who holds the legal title of a motor vehicle or who has the legal right of possession thereof, or the legal right to such vehicle.

Permittee means a tow truck owner authorized by permit to operate a tow truck on the rotation list utilized by the police department.

Person means an individual, partnership, joint venture, association, corporation, or any other entity recognized by law.

Police department means the chief of police, supervisor, police officer and communications specialist of the city police department.

Street means any street, alley, avenue, land or highway within the corporate limits of the city.

Tow truck means a motor vehicle or mechanical device adapted or used to tow, winch or otherwise move motor vehicles. A tow truck may also be referred to herein as a wrecker.

Tow truck owner means any person or his agent, engaged in the business of storing, wrecking or repairing motor vehicles for hire and who owns or is entitled to use any wrecker or tow truck and who uses the same in the conduct of his business or any part thereof and the term "owner" shall extend and be applied to associations, corporations, and firms and partnerships as well as individuals. This term may also be referred to as a wrecker service.

Weekend tow means the times between 6:01 p.m. Friday and 6:59 a.m. Monday.

(Code 1982, § 32-1; Ord. No. 2000-09-61, §§ 1, 2, 9-5-2000; Ord. No. 2018-11-076 , § 2, 11-6-2018)