For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE.
(1) A motor vehicle is abandoned if the motor vehicle:
(a) Is inoperable, is more than five years old, and has been left unattended on public property for more than 48 hours;
(b) Has remained illegally on public property for more than 48 hours;
(c) Has remained on private property without the consent of the owner or person in charge of the property for more than 48 hours;
(d) Has been left unattended on the right-of-way of a designated county, state, or federal highway for more than 48 hours;
(e) Has been left unattended for more than 24 hours on the right-of-way of a turnpike project constructed and maintained by the Texas Turnpike Authority division of the Texas Department of Transportation or a controlled access highway; or
(f) Is considered an abandoned motor vehicle under Tex. Trans. Code § 644.153(r).
(2) In this definition, CONTROLLED ACCESS HIGHWAY has the meaning assigned by Tex. Trans. Code § 541.302.
ACCIDENT. Any occurrence which renders a vehicle wrecked or disabled as defined herein.
DISABLED VEHICLE. A vehicle which has been rendered unsafe to be driven as the result of some occurrence other than a wreck including, but not limited to, mechanical failures or break- downs, fire, vandalism, or a vehicle which is in a safe driving condition but the owner is not present or able or permitted to drive so as to reasonably necessitate that the vehicle be removed by a wrecker.
JUNKED VEHICLE.
(1) A vehicle that:
(a) Is self-propelled; and
(b) Is:
1. Wrecked, dismantled or partially dismantled, or discarded; or
2. Inoperable and has remained inoperable for more than:
A. Seventy-two consecutive hours, if the vehicle is on public property; or
B. Thirty consecutive days, if the vehicle is on private property.
(2) JUNKED VEHICLE includes a motor vehicle, aircraft, or watercraft. This subchapter applies only to:
(a) A motor vehicle that displays an expired license plate or does not display a license plate;
(b) An aircraft that does not have lawfully printed on the aircraft an unexpired federal aircraft identification number registered under Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; or
(c) A watercraft that:
1. Does not have lawfully on board an unexpired certificate of number; and
2. Is not a watercraft described by Tex. Parks and Wildlife Code § 31.055.
(3) A JUNKED VEHICLE will be towed to a location designated by the city. The wrecker service will tow the vehicle to the designated location for safe keeping until the vehicle can be demolished.
NON-CONSENT TOW. Any tow of a motor vehicle in which the wrecker service is summoned by a peace officer and not by the owner, operator, or person who has possession, custody, or control of the vehicle.
REASONABLE TIME. In this chapter, REASONABLE TIME is specified as 30-minute response time to the scene after being given location and information specified in §§ 119.16(A) and (B). After 2200 hours an extra ten-minute response time will be given. For heavy-duty tows, a 45 minute response time to the scene will be allowed. Communications will make the call for the specified wrecker service; if the wrecker service does not answer a message will be left, upon the second call if no answer is made the next wrecker service on the rotation list will be notified.
STREET. Any street, alley, avenue, lane, square or highway within the corporate limits of the City of Cleburne.
VEHICLE. Every device in, upon, or by which any person or property is or may be transported upon a street, except devices moved by human power or used exclusively upon stationary rails or tracks.
WRECKED VEHICLE. A vehicle that has been damaged as a result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.
WRECKER. A vehicle designed to be used primarily for removing wrecked or disabled vehicles.
WRECKER ROTATION LIST. The list of wrecker companies as provided for in this chapter.
WRECKER SERVICE. The business of towing, moving, or removing wrecked or disabled vehicles for compensation, regardless of whether the purpose of the removal is to repair, wreck, store, trade or purchase such wrecked or disabled vehicles.
('68 Code, § 29½-1) (Ord. 8-1987-47, passed 8-11-87; Am. Ord. 07-2019-39, passed 7-9-19; Am. Ord. 01-2024-05, passed 1-23-24)