§ 82.190. Definitions.

In this division:

Boot means a lockable road wheel clamp or similar vehicle immobilization device that is designed to immobilize a parked vehicle and prevent its movement until the device is unlocked or removed.

Booting company means a person that controls, installs, or directs the installation and removal of one or more boots.

Boot operator means an individual who installs or removes a boot on or from a vehicle.

Parking facility means public or private property used, wholly or partly, for restricted or paid vehicle parking. The term includes:

(1)

A restricted space on a portion of an otherwise unrestricted parking facility; and

(2)

A commercial parking lot, a parking garage, and a parking area serving or adjacent to a business, church, school, home that charges a fee for parking, apartment complex, property governed by a property owners' association, or government-owned property leased to a private person, including:

a.

A portion of the right-of-way of a public roadway that is leased by a governmental entity to the parking facility owner; and

b.

The area between the facility's property line abutting a county or municipal public roadway and the center line of the roadway's drainage way or the curb of the roadway, whichever is farther from the facility's property line.

Parking facility authorized agent means an employee or agent of a parking facility owner with the authority to:

(1)

Authorize the removal of a vehicle from the parking facility on behalf of the parking facility owner; and

(2)

Accept service on behalf of the parking facility owner of a notice of hearing requested under V.T.C.A. Occupations Code Ch. 2308, subch. J, (Rights of Owners and Operators of Stored or Booted Vehicles), regarding whether probable cause existed to immobilize the vehicle.

Parking facility owner means:

(1)

An individual, corporation, partnership, limited partnership, limited liability company, association, trust, or other legal entity owning or operating a parking facility;

(2)

A property owners' association having control under a dedicatory instrument, as that term is defined in V.T.C.A. Property Code § 202.001, over assigned or unassigned parking areas; or

(5)

A property owner having an exclusive right under a dedicatory instrument, as that term is defined in V.T.C.A. Property Code § 202.001, to use a parking space.

Peace officer means a person who is a peace officer under V.T.C.A. Criminal Procedure Code Ch. 2.12.

Police chief means the chief of the San Marcos Police Department, and includes representatives, agents, and department employees designated by the police chief.

Unauthorized vehicle means a vehicle parked, stored, or located on a parking facility without the consent of the parking facility owner.

Vehicle means a device in, on, or by which a person or property may be transported on a public roadway. The term includes an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer but does not include a device moved by human power or used exclusively on a stationary rail or track.

Vehicle owner means a person:

(1)

Named as the purchaser or transferee in the certificate of title issued for the vehicle under V.T.C.A. Transportation Code Ch. 501;

(2)

In whose name the vehicle is registered under V.T.C.A. Transportation Code Ch. 502, or a member of the person's immediate family;

(3)

Who holds the vehicle through a lease agreement;

(4)

Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or

(5)

Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.

(Ord. No. 2018-56 , § 1, 1-15-19)