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:
Accident means any occurrence which renders a vehicle wrecked or disabled as defined by this section.
Chief of police means the Chief of Police for the City of Big Spring or the Chief's designee.
City manager means the City Manager for the City of Big Spring or the manager's designee.
Consent tow means any tow of a 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. The term does not include an incident management tow or a private property tow.
Disabled means the status of any vehicle which had been rendered unsafe to be driven upon the streets as the result of some occurrence other than a wreck, including but not limited to mechanical failures or breakdowns, fire, the elements, or vandalism, so as to reasonably necessitate that such vehicle be removed by a tow truck.
Incident management tow means any tow of a vehicle in which the tow truck is summoned by a peace officer to the scene of a traffic accident or to an incident, including the removal of a vehicle, commercial cargo, and commercial debris from an accident or incident scene.
Non-consent tow means any tow of a vehicle that is not a consent tow, including an incident management tow and a private property tow initiated by the police department by contacting the city's contracted tow truck, if applicable, or a tow company from the tow company rotation list to remove said vehicle.
Permit means a permit issued by the City of Big Spring to a towing company to perform police tows.
Permit holder means a towing company permitted by the City of Big Spring to perform police tows.
Police department means the City of Big Spring Police Department and its officers, authorized employees, and agents.
Police tow means an incident management tow or tow of a vehicle such as an abandoned, stolen or illegally parked vehicle, or a vehicle required to be towed in connection with a custodial arrest. A police tow is one initiated when the police department calls a permit holder from a tow rotation list.
Private property tow means any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle. Private property towing permit refers to a state-issued permit required for a tow truck used to perform a non-consent tow authorized by a parking facility owner. A tow truck permitted for this type of tow may also be used for consent towing, but not for incident management towing, in accordance with Texas Occupations Code, § 2308.104.
Public roadway means a public street, alley, road, right-of-way, or other public way, including paved and unpaved portions of the right-of-way.
Rotation list means a list prepared by the City of Big Spring Police Department in accordance with the provisions of this article for rotating the use of tow company permit holders called for police tows.
State means the State of Texas and its offices, departments, and agencies.
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 highway in Texas but does not include a political subdivision of the state.
Tow truck means a motor vehicle, including a wrecker, equipped with a mechanical device used to tow, winch, or otherwise move another vehicle.
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:
(a) Named as the purchaser or transferor in the certificate of title issued for the vehicle under Chapter 501 of the Texas Transportation Code;
(b) In whose name the vehicle is registered under Chapter 502 of the Texas Transportation Code, or a member of the person's immediate family;
(c) Who holds the vehicle through a lease agreement;
(d) Who is an unrecorded lienholder entitled to possess the vehicle under the terms of a chattel mortgage; or
(e) Who is a lienholder holding an affidavit of repossession and entitled to repossess the vehicle.
Vehicle storage facility means a vehicle storage facility, as defined by Section 2303.002 of Chapter 2303 of the Texas Occupations Code that is operated by a person who holds license issued under Chapter 2303 to operate the facility.
(Ord. No. 007-2023, § 3, 1-10-2023)