§ 90.223. Definitions.

In this article:

Accident means a situation in which damage has occurred to a vehicle rendering it unsafe to operate or incapable of operation.

Category A wrecker means or refers to a wrecker having a rated towing capacity of at least one ton and less than four tons.

Category B wrecker means or refers to a wrecker having a rated towing capacity of at least four tons.

Chief of police means the chief of police of the city.

Consent tow means the towing of a motor vehicle with the consent of the vehicle owner or lienholder.

Motor vehicle means a self-propelled vehicle.

Non-consent tow means the towing of a motor vehicle without the consent of the vehicle owner.

Parking facility has the meaning given that term in the Texas Occupations Code, Chapter 2308, as amended.

Parking facility owner has the meaning given that term in the Texas Occupations Code, Chapter 2308, as amended.

Participating storage facility means a private vehicle storage facility that accepts vehicles towed as police-authorized tows.

Police-authorized tow means a non-consent tow of a motor vehicle from a police scene with the authorization of a police officer.

Police scene means:

(1)

A place at which an accident has occurred that is subject to investigation by a police officer;

(2)

A place at which a police officer has discovered a stolen vehicle;

(3)

A place at which a vehicle has been abandoned in a roadway;

(4)

A place where a custodial arrest by a police officer has taken place; or

(5)

Any other place at which a vehicle is subject to removal or impoundment by a police officer pursuant to law.

Principal person, with respect to a wrecker service registration, means

(1)

The individual who owns the wrecker service, if the owner is an individual;

(2)

Each partner owning an interest in the wrecker service, if the owner is a partnership;

(3)

Each officer of the corporation that owns the wrecker service, if the owner is a corporation; and

(4)

The manager of the wrecker service.

Rotation system means the system established under division 2 of this article that provides for the summoning of wreckers to perform police-authorized tows.

Rotation wrecker service means a wrecker service that holds a current valid registration for placement in the rotation system.

Storage facility means a private vehicle storage facility that accepts vehicles towed as non-consent tows originating in the city limits.

Storage facility regulations means the state Vehicle Storage Facility Act, 43 T.A.C. Section 18.80 et seq., as amended.

Tow means the use of a wrecker to transport another vehicle, whether by pulling, carrying, pushing, or any other method.

Vehicle means a device that can be used to transport or draw persons or property on a highway.

Vehicle owner or owner of the vehicle means the owner of a vehicle or a person who reasonably appears to have authority to operate the vehicle.

Vehicle Storage Facility Act means Texas Occupations Code Chapter 2303, as amended.

Wrecker means any motor vehicle used for the purpose of towing, carrying, pushing or otherwise transporting any other vehicle.

Wrecker driver means a person who operates a wrecker.

(Ord. No. 2002-1, § 1, 1-14-02; Ord. No. 2008-47, § 1, 10-21-08)