§ 8-230. Definitions.

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

Certificate means authorization granted by the chief of police, under the provisions of this article, to use a designated vehicle as a wrecker.

Chief of police means the chief of police for the city or the person designated by him to act in his stead for the purposes of this article.

Class A vehicle means a vehicle that weighs of 10,000 pounds or less.

Class B vehicle means a vehicle that weighs in excess of 10,000 pounds.

Consent tow.

(1)

The term "consent tow" means any tow of a motor vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle.

(2)

The term "consent tow" does not include an incident management tow or a private property tow.

ETJ means extraterritorial jurisdiction.

Motor vehicle.

(1)

The term "motor vehicle" means any vehicle in, on, or by which a person or property may be transported on a public roadway. The term "motor vehicle" includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle or trailer.

(2)

The term "motor vehicle" does not include a device moved by human power or used exclusively on a stationary rail or track. The term "motor vehicle" also does not include motor-assisted bicycles as defined by the laws of the state.

Nonconsent tow means any tow of a motor vehicle that is not a consent tow, including:

(1)

A incident management tow; and

(2)

A private property tow.

Owner.

(1)

The term "owner" means any person who holds the legal title to a motor vehicle, or has the legal right of possession thereof.

(2)

The term "owner" does not include any person who has gained possession of a motor vehicle only as a result of wrecker services performed.

Permit means authorization granted by the chief of police under the provisions of this article to engage in the wrecker business in the city.

Permit holder means any person possessing a current, valid permit to engage in the wrecker business in the city.

Storage facility means a garage, parking lot, or any type of facility owned by a person other than a governmental entity for storing or parking ten or more vehicles which is in full compliance with the Texas Vehicle Storage Facility Act, V.T.C.A., Occupations Code § 2303.001 et seq.

Tow truck.

(1)

The term "tow truck" means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch or otherwise move another motor vehicle.

(2)

The term "tow truck" does not include:

a.

A motor vehicle owned and operated by a governmental entity, including a public school district;

b.

A motor vehicle towing:

1.

A race car;

2.

A motor vehicle for exhibition; or

3.

An antique motor vehicle;

c.

A recreational vehicle towing another vehicle;

d.

A motor vehicle used in combination with a tow bar, tow dolly or other mechanical device if the vehicle is not operated in the furtherance of a commercial enterprise;

e.

A motor vehicle that is controlled or operated by a farmer or rancher and used for towing a farm vehicle; or

f.

A motor vehicle that:

1.

Is owned or operated by an entity the primary business of which is the rental of motor vehicles; and

2.

Only tows vehicles rented by the entity.

Towing company means the business of towing vehicles not belonging to the towing company on a public street within the incorporated limits of the city for compensation, or with the expectation of compensation including, but not limited to, compensation for towing, storage and repair.

Towing rotation list shall mean the list prepared in accordance with the provisions of this article, of towing companies which have requested and qualified to appear thereon, and which maintain certified wreckers of a capacity required to be on said list.

TXDOT means the Texas Department of Transportation.

Vehicle.

(1)

The term "vehicle" means every device in, upon, or by which any person or property is or may be transported or drawn upon a public highway, including, but not limited to, motor vehicles.

(2)

The term "vehicle" does not include devices moved only by human power, or used exclusively on stationary rails or tracks.

VSF means a vehicle storage facility.

Wrecker means any motor vehicle used for the purpose of towing or removing vehicles.

(Code 1990, ch. 4, § 11(A); Ord. No. 91-15, 6-18-1991; Ord. No. 2007-03-20-06, 3-20-2007)