(a) A licensee commits an offense if, without a valid emergency wrecker service license issued under Chapter 15D of this code, he, either personally or through an employee, subcontractor, or agent, removes a vehicle from:
(1) a public street; or
(2) any area between the property line of private property abutting a public street and the center line of the street’s drainage way or the curb of the street, whichever is farther from the property line of the private property.
(b) It is a defense to prosecution under Subsection (a) that the vehicle was removed:
(1) from a portion of public right-of-way leased by the city to the person requesting removal of the vehicle, if such removal was not prohibited by the lease;
(2) by a vehicle tow service currently licensed under this chapter; and
(3) in compliance with all requirements of this chapter and any other applicable city ordinance or state or federal law. (Ord. Nos. 19099; 21435; 23106; 24175)