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In this article:
(1) ACCIDENT means any occurrence that renders a vehicle wrecked.
(2) APPLICANT means:
(A) for purposes of Division 2 of this article, a person in whose name a license to engage in emergency wrecker service will be issued under Section 15D-23 and each individual who has a 20 percent or greater ownership interest in the emergency wrecker service business; and
(B) for purposes of Division 3 of this article, an individual applying for a wrecker driver’s permit under Section 15D-30.
(3) BUSINESS LOCATION means the place of business, required to be designated in Section 15D-20, where a licensee’s primary emergency wrecker service business activity is conducted, which location is staffed by the licensed emergency wrecker company’s employees and equipped with standard office furniture, equipment, and other items necessary to conduct the normal activities and business of an emergency wrecker service.
(4) CHIEF OF POLICE means the chief of police for the city of Dallas, and includes representatives, agents, and department employees designated by the chief.
(5) CITY means the city of Dallas, Texas.
(6) CONVICTION means a conviction in a federal court or court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned.
(7) CUSTODIAL ARREST means an arrest during which a peace officer employed by the city takes the owner or operator of a vehicle into custody and determines that it is necessary to cause the person’s vehicle to be removed from the police scene for storage or for use in a criminal investigation.
(8) DIRECTOR means the director of the department designated by the city manager to enforce and administer this article, and includes representatives, agents, and department employees designated by the director.
(9) DISABLED VEHICLE means a vehicle that reasonably requires removal by a wrecker because it:
(A) has been rendered unsafe to be driven as the result of some occurrence other than a wreck, including, but not limited to, mechanical failure, breakdown, fire, or vandalism; or
(B) is in a safe driving condition, but the owner is not present, able, or permitted to drive.
(9.1) DISPATCHER means the chief of police for the City of Dallas, and includes representatives, agents, and department employees designated by the chief, as well as third-parties authorized by the chief of police to dispatch wreckers.
(10) DRIVER means an individual who drives or operates a wrecker.
(11) EMERGENCY WRECKER COMPANY means a person who owns, controls, or has a financial interest in an emergency wrecker service.
(12) EMERGENCY WRECKER SERVICE means the business of towing or removing wrecked, disabled, illegally parked, or city-owned vehicles from the streets upon request of the chief of police.
(13) HEAVY DUTY WRECKER means a wrecker that:
(A) has a manufacturer’s gross vehicle weight rating of not less than 48,000 pounds;
(B) has a power-operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 50,000 pounds and a dual line capacity of not less than 20,000 pounds;
(C) has an underlift device with a factory-rated lifting capacity of not less than 14,000 pounds when extended;
(D) has a dual rear axle; and
(E) is capable of towing a vehicle that weighs up to 80,000 pounds.
(14) ILLEGALLY PARKED VEHICLE means a vehicle that is parked on a street or other public property in violation of any city ordinance or state law regulating the parking of vehicles.
(15) INCIDENT MANAGEMENT TOWING OPERATOR’S LICENSE means a tow truck operator’s license issued by the state under Section 2308.153 of the Texas Occupations Code, as amended.
(16) LAWFUL ORDER means a verbal or written directive that:
(A) is issued by the director or the chief of police in the performance of official duties in the enforcement of this article and any rules and regulations promulgated under this article; and
(B) does not violate the United States Constitution or the Texas Constitution.
(17) LICENSEE means a person licensed under this article to engage in emergency wrecker service. The term includes:
(A) any individual who has a 20 percent or greater ownership interest in the licensed business; and
(B) any operator of the licensed business.
(18) LIGHT DUTY WRECKER means a wrecker that has:
(A) a manufacturer’s gross vehicle weight rating of not less than 12,500 pounds; and
(B) either:
(i) a power-operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 8,000 pounds, single line capacity; or
(ii) an underlift device with a factory-rated lifting capacity of not less than 3,000 pounds when extended.
(19) LOWBOY UNIT means a vehicle that is designed and equipped so as to be capable of carrying another vehicle upon itself for the purpose of transporting the vehicle when it cannot be safely transported by a conventional wrecker and that:
(A) consists of:
(i) a dual-axle truck tractor equipped with a power-operated winch and winch line that has a factory-rated lifting capacity of not less than 20,000 pounds, single line capacity; and
(ii) a trailer with a steel or aluminum carrier bed that is at least 40 feet long, with a load rating of not less than 40,000 pounds; and
(B) complies with all applicable state and federal vehicle weight laws.
(20) MEDIUM DUTY WRECKER means a wrecker that has:
(A) a manufacturer’s gross vehicle weight rating of not less than 18,000 pounds; and
(B) a power-operated winch, winch line, and boom, with a factory-rated lifting capacity of not less than 24,000 pounds and a dual line capacity of not less than 8,000 pounds.
(21) OPERATE means to drive or to be in control of a wrecker.
(22) OPERATOR means the holder of an emergency wrecker service license.
(23) PARKING BAN means certain hours of the day during which the standing, parking, or stopping of vehicles is prohibited along designated streets as indicated by signs authorized by the traffic engineer.
(24) PERMITTEE means an individual who has been issued a wrecker driver’s permit under this article.
(25) PERSON means an individual, assumed name entity, partnership, joint-venture, association, corporation, or other legal entity.
(26) POLICE DEPARTMENT means the police department of the city of Dallas.
(27) POLICE SCENE means a location at which:
(A) an accident has taken place that is subject to city police field investigation;
(B) city police have recovered a stolen vehicle;
(C) a vehicle has been abandoned on a street or other public property;
(D) a custodial arrest has taken place;
(E) a disabled vehicle is blocking a traffic lane of a street; or
(F) an illegally parked vehicle is subject by law to removal or impoundment by the chief of police or any other authorized city official.
(28) RAPID RESPONSE LOCATION means an area designated under Section 15D-53.1 to which an emergency wrecker must provide rapid removal of wrecked, disabled, or illegally parked vehicles.
(29) RAPID RESPONSE LIST means a list, maintained by the chief of police as provided for in Section 15D-53 of this article, of licensed emergency wrecker companies participating in the rapid response program.
(30) Reserved.
(31) STREET means any public street, road, right-of-way, alley, avenue, lane, square, highway, freeway, expressway, high occupancy vehicle lane, or other public way within the corporate limits of the city. The term includes all paved and unpaved portions of the right-of-way.
(32) TILT BED/ROLL BACK CARRIER means a motor vehicle that is designed and equipped so as to be capable of lifting another vehicle upon itself for the purpose of transporting the vehicle when it cannot be safely transported by a conventional wrecker and that:
(A) has a manufacturer's gross vehicle weight rating of not less than 15,000 pounds;
(B) has a steel or aluminum carrier bed that is at least 17 feet long, with a load rating of not less than 8,000 pounds;
(C) has a power-operated winch and winch line, with a factory-rated lifting capacity of not less than 8,000 pounds, single line capacity;
(D) has a wheel lift tow bar with a factory-rated lifting capacity of not less than 3,000 pounds; and
(E) complies with all applicable state and federal vehicle weight laws.
(33) VEHICLE means a device in, upon, or by which a person or property may be transported on a public street. The term includes, but is not limited to, an operable or inoperable automobile, truck, motorcycle, recreational vehicle, or trailer, but does not include a device moved by human power or used exclusively upon a stationary rail or track.
(34) VEHICLE OWNER OR OPERATOR means a person, or the designated agent of a person, who:
(A) holds legal title to a vehicle, including any lienholder of record;
(B) has legal right of possession of a vehicle; or
(C) has legal control of a vehicle.
(35) VEHICLE STORAGE FACILITY has the meaning given that term in the Vehicle Storage Facility Act.
(36) VEHICLE STORAGE FACILITY ACT means Chapter 2303, Texas Occupations Code, as amended.
(37) WRECKED VEHICLE means a vehicle that has been damaged as the result of overturning or colliding with another vehicle or object so as to reasonably necessitate that the vehicle be removed by a wrecker.
(38) WRECKER means a vehicle designed for the towing or carrying of other vehicles.
(39) WRECKER DRIVER'S PERMIT means a permit issued under this article to an individual by the director authorizing that individual to operate a wrecker for an emergency wrecker service in the city.
(40) WRECKER LIST means a list of licensed emergency wrecker companies maintained by the chief of police, as provided for in Section 15D-50 of this article.
A person commits an offense if he drives a wrecker, whether licensed or unlicensed, to a police scene unless the person has been dispatched to the scene by the chief of police. (Ord. Nos. 13977; 14685; 24661; 32265)
(a) A person commits an offense if he, in any manner, directly or indirectly solicits on the streets of the city the business of towing a vehicle in need of emergency wrecker service from a police scene, regardless of whether the solicitation is for the purpose of soliciting the business of towing, removing, repairing, wrecking, storing, trading, or purchasing the vehicle.
(b) Proof of the presence of a person engaged in the wrecker business or the presence of a wrecker or vehicle owned or operated by a person engaged in the wrecker business, either as owner, operator, employee, or agent, on a street in the city at or near a police scene within one hour after the happening of an incident that resulted in the need for emergency wrecker service is prima facie evidence of a solicitation in violation of this section, unless the particular wrecker company has been dispatched to the police scene by the chief of police. (Ord. Nos. 13977; 14685; 24661; 32265)
(a) A person commits an offense if he, personally or through an employee or agent, solicits at or near a police scene any business that deals directly or indirectly with the towing, removing, repairing, wrecking, storing, trading, or purchase of a wrecked, disabled, or illegally parked vehicle on the streets, sidewalks, or other public place of the city by distributing an advertisement for, or by otherwise advertising, a repair shop, garage, or place of business where the wrecked, disabled, or illegally parked vehicle may be repaired, stored, wrecked, traded, or purchased.
(b) Proof of the unauthorized presence of a person engaged in the business of towing, repairing, wrecking, storing, or offering to purchase or trade for a wrecked, disabled, or illegally parked vehicle at or near a police scene is prima facie evidence of solicitation in violation of this section. (Ord. Nos. 13977; 14685; 24661)
(a) A person commits an offense if he, or his agent or employee, engages in emergency wrecker service in the city without a valid emergency wrecker service license issued by the director under this article. Only one license may be issued to each emergency wrecker company.
(b) The owner of an emergency wrecker company shall register with the director a trade name that clearly differentiates that emergency wrecker company from all other companies engaging in emergency wrecker service and shall use no other trade name for the emergency wrecker company.
(c) A licensee shall maintain a permanent and established place of business at a location in the city where an emergency wrecker service is not prohibited by the Dallas Development Code. This location must be either within the zone in which the licensee is licensed to operate an emergency wrecker service or within one-half mile outside the established boundaries of that zone.
(d) A licensee shall operate the licensed emergency wrecker service from a location inside the city. (Ord. Nos. 13977; 14685; 15612; 16554; 24661; 27487)
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