§ 78-254. 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:

Auto wrecker means any automobile, truck or other motor vehicle used for the purpose of towing, carrying, pushing, or otherwise transporting any wrecked or disabled motor vehicle from one place to another for any purpose, including, but not limited to, the purpose of wrecking, storing or repairing the vehicle.

Consent tow means any tow of a motor vehicle initiated by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle. The term does not include a tow of a motor vehicle initiated by a peace officer investigating a traffic accident or a traffic incident that involves the vehicle.

Heavy-duty tow truck means a tow truck with a manufacturer's rated carrying capacity of not less than 6,000 pounds.

Nonconsent tow means any tow of a motor vehicle that is not a consent tow.

Police-authorized tow means a nonconsent tow authorized by any police officer of the city rather than the owner or operator of the vehicle under circumstances of recovery of a stolen vehicle, removal of an abandoned, wrecked, illegally parked, or disabled motor vehicle, or a custodial arrest where the owner or operator of the vehicle is incapable of making arrangements for removal of the vehicle, or any other circumstances in which a police officer authorizes the towing of a motor vehicle in connection with the officer's official duties and the owner or operator is not present or is not capable of making a determination with respect to the removal of a vehicle.

Tow truck means a motor vehicle, including an auto wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another motor vehicle. Except where a distinction is made, the term "tow truck" includes a heavy-duty tow truck.

Tow truck driver means a person who operates a tow truck on the streets of the city, whether on his/her own account or in the employ of another.

Towing company means an individual, association, corporation, or other legal entity that controls, operates, or directs the operation of one or more tow trucks over a public roadway in this state but does not include a political subdivision of the state.

Vehicle storage facility means a motor vehicle storage facility situated within the city or its extra-territorial jurisdiction that is operating under a current and valid license issued by the Texas Department of Licensing and Regulations pursuant to the Vehicle Storage Facility Act (Texas Occupations Code § 2303.001 et seq.) and that is in compliance with all state rules and regulations governing vehicle storage facilities, as well as all city ordinances affecting same.

(Ord. No. 377, § 2(a), 4-14-2008)